Chapter Two

Question 1

Aboriginal Legal System

Answer 1

Legal system before contact with Europeans.
Transmitted orally from , sometimes transmitted through legend or stories to make easier to remember and inspire the listener to respect for the law.

Question 2

Common Law Rules of Reception of English Law

Answer 2

Three most relevant to Canada:
Settlement
Conquest or Cession
Adoption

Question 3

Aboriginal Legal System

Answer 3

Before contact with Europeans
Not written
transmitted orally from generation
some - transmitted through legends and stories to inspire listener to respect the law

Question 4

How did Gayanashagowa come about?

Answer 4

Iroquois for “great binding law”
Confederacy - 1142 CE
between two chiefs - Dekanawida & Hiawatha
Took 40 years to convince tribes to form union together

Question 5

What did Gayanashagowa mean for the people?

Answer 5

Checks and balances - gave every man and woman a voice in Tribal Affairs
Power of was chiefs kept in check by Peace Chiefs
Chiefs appointed by clan mother - could be revoked if they didn’t act in the best interest of the clan.

Question 6

When did the Great Binding Law finally get written down?

Answer 6

in the 18th century
The US Constitution and the Charter of United Nations refer to the Iroquois Great Binding Law in drawing up their own legal documents.

Question 7

Imperial Statute

Answer 7

Law passed by the English Parliament applying to an overseas English colony.

Question 8

Conquest or Cession

Answer 8

The transfer of a colony from one country to another.

Question 9

What is the second type of law when the English colonize?

Answer 9

Common Law colonization law - if laws already existed in the colony they would continue until changed by English government. If no legislature, English law could be imposed.

Question 10

Adoption

Answer 10

3rd way English Law could be received into British colony

A colony’s law would pass a reception statute that adopted English law as of a certain date.

Question 11

Reception of English and French Law into Canada’s Provinces and Territories

Answer 11

Quebec east to NFL English and French laws introduces by settlement or cession.
Ontario west and the territories - they were adopted through reception statutes

Question 12

Reception of English and French Law - Newfoundland and Labrador

Answer 12

Canadas first colony
Discovered as early as 1500s
1583 Sir Humphry Gilbert claimed the island for England
Last to join Confederation - March 31, 1949

Question 13

Reception of English and French Law - Nova Scotia

Answer 13

Originally part of French Acadia
French colonist first settled in 1600’s - 1713 Treaty of Utrecht
English acquired Nova Scotia through cession
Joined Confederation one of first three - July 1, 1867

Question 14

Reception of English and French Law - Prince Edward Island

Answer 14

Originally settled by French - Treaty of Utrecht
1763 ceded the island to English by the Treaty of Paris
English acquired the island by cession
admitted to Canada July 1, 1873

Question 15

Reception of English and French Law - New Brunswick

Answer 15

Originally settled by French Colonist part of French Acadia
1763 ceded by the Treaty of Paris
Became part of Nova Scotia but became a separate colony in 1784
Reception of English law by settlement not by cession
New Brunswick like Nova Scotia one of 3 original colonies joined the Confederation and admitted to Canada on July 1, 1867

Question 16

Reception of English and French Law - Quebec

Answer 16

1763 France ceded Quebec in the Treaty of Paris
1791 Constitutional Act separated Quebec into two colonies Upper Canada (Ontario) and Lower Canada (Quebec)
Quebec joined Confederation and admitted to Canada on July 1, 1867

Question 17

Civil code of Quebec

Answer 17

Quebec’s current civil code came into effect on January 1, 1994, replacing the Civil Code of Lower Canada from 1866

Question 18

Reception of English and French Law - Ontario

Answer 18

Adopted English Law in 1792

Ontario joined Confederation and admitted to Canada on July 1, 1867

Question 19

Reception of English and French Law - Manitoba

Answer 19

1869 Sir John A Macdonald negotiated with the Hudson Bay Company to purchase western landholdings - area transferred to Canada 1870
Fifth province to join Confederation on July 15, 1870

Question 20

Reception of English and French Law - Saskatchewan

Answer 20

Reception date for English law was 1870

Joined Canada on Sept 1, 1905

Question 21

Reception of English and French Law - Alberta

Answer 21

Reception date for English law was 1870

Joined Canada on Sept 1, 1905

Question 22

Reception of English and French Law - British Columbia

Answer 22

1858 reception date for English law - after Vancouver Island & British Columbia colony’s merged.
Joined Confederation on July 20, 1871 - 6th province

Question 23

Reception of English and French Law - Yukon

Answer 23

Reception for English Law was 1870

Question 24

Reception of English and French Law - Northwest Territories

Answer 24

Reception for English Law was 1870, entered into Confederation that same year

Question 25

Reception of English and French Law - Nunavut

Answer 25

Created April 1, 1999 | Reception for English Law was 1870

Question 26

Prelude to Confederation in 1867

Answer 26

Three conferences 1864 in Charlottetown 1864 in Quebec City 1866 London England

Question 27

Federalism

Answer 27

in Canada, the division of state powers between the federal Parliament in Ottawa and the legislatures of the provincesand territories An American not English political idea

Question 28

Unitary Government

Answer 28

a form of government whereby one supreme authority governs the whole county. - Like Britains system Quebec and Maritime provinces didn't want this system

Question 29

John A Macdonald and the New Federal Government

Answer 29

He felt like the American constitution gave too much power to individual states this convinced him that Canada's federal government had to be stronger that the provinces.

Question 30

Post-Confederation Problems

Answer 30

Canadians unable to amend BNA Act Did not contain and entrenched bill (or charter) for its citizens Thirdly it was created without consulting Indingenous people.

Question 31

Chief Dan George, "Lament for Confederation," July 1, 1967

Answer 31

Pg 35

Question 32

Interpreting the Constitution: The Role of the Privy Council

Answer 32

Supreme Court Act 1875 established xthe Supreme Court of Canada - But still not the highest court

Question 33

Judicial Committee of Privy Council

Answer 33

The highest appeal authority for colonies in the British Empire; excercised final appeal for Canada until 1949

Question 34

Judicial review on federalism grounds

Answer 34

process by which a court reviews the constitutionality of legislation based on a division-of-powers analysis, that is, by determining whether one level of government has attempted to enact legislation in an area assigned to the other level under the Constitution

Question 35

ultra vires

Answer 35

if legislation is declared ulta vires(that is, outside the juristiction of the enacting authority. a necessary implicatin of having split legislative jurisdiction in a federal system.

Question 36

Patriate

Answer 36

Removes a nation's legislation or constitution from the control of the mother country and bring it under the control of the nation itself. Pierre Trudeau 1980 - SCC held that Trudeau's action to seel a proposed amendment to the BNA Act was legal but a substantiall measure of provincial consent was necessary by constitutional convention for Trudeau to proceed further. Aboriginal people and women

Question 37

Aboriginal Peoples and the Patriation Process

Answer 37

Interests and treaty rights left out of the original BNA Act Government acceded to the pressure from Aboriginal peoples ot have their rights entrenched in the guaraanteed by the new Constitution

Question 38

Canada Act

Answer 38

March 29, 1982

Question 39

Constitution Act

Answer 39

April 17, 1982 which also contained the Canadian Cherter of Rights and Freedoms

Question 40

Constitutional Law

Answer 40

law dealing with the gevernmental powers and structures, and civil liberties