Constitution

Question 1

Fundamental law of a nation (written or unwritten) respecting exercise of Gov powers

Answer 1

Constitution

Question 2

Conflicting With Constitution

Answer 2

Unconstitutional

Question 3

Federal and Provincial powers to make laws - civil liberties which LIMIT governement powers.

Answer 3

Constitutional Law in Canadaa

Question 4

1867, BMA, Senate, Provincial Only

Answer 4

Constitution Act 1867

Question 5

1982 Includes Charter of rights and freedoms and Aboriginal Rights

Answer 5

Constitution Act of 1982

Question 6

Unwritten rules used to make sense of Constitution when provincial or federal laws are unclear

Answer 6

Conventions

Question 7

Before Constitution UNTIL 1982, did not include Bill of Rights of Charter

Answer 7

Civil Liberties

Question 8

Canada Act (1982) Seperates acts from UK Parliament from extending to Canada

Answer 8

Patriating

Question 9

Constitution Act of 1982 brings language rights, aboriginal rights, charter rights and _____________ ____________.

Answer 9

Amending Procedure

Question 10

Any Changes to the Constitution must be legislated by

Answer 10

Provincial and Federal Gov. – 7/10 Provinces composing of 50% population and federal agreement

Question 11

Section 52 (1) Clause that states Constitution is the supreme law of Canada and anything inconsistant with its provisions, have no force or effect.

Answer 11

SUpremacy

Question 12

Section 52 (3) Clause that amendments to constitution must be consistent with authority contained in the constitution of Canada

Answer 12

Entrenchment Clause

Question 13

Section 52 Has (3) sections

Answer 13

1. Supremacy 2. Definition Clause 3. Entrenchment Clause

Question 14

Types of Cases that Supreme Court may hear appeals on

Answer 14

Reference Cases or Appeals of Signifigant Importance

Question 15

Sources of Law (3)

Answer 15

Constitution THEN Statutes and Acts THEN Common Law or Case Law

Question 16

Written Document containing laws PASSED by legislature ex: Highway Traffic Act in Criminal Code of Canada

Answer 16

Statute

Question 17

Policy Idea, Draft a Bill, Three READINGS and a Vote

Answer 17

Statute

Question 18

Successful Provincial Statute Needs Royal Assent from

Answer 18

Lt. Govenor

Question 19

Successful Federal Statute Needs Royal Assent from

Answer 19

Governor General

Question 20

The only BINDING precedents that are established in Common Law are from

Answer 20

The Supreme Court of Canada

Question 21

Politians create statutes, Courts reveiw statutes to make sure they are constitutional, this is called

Answer 21

Judicial Review

Question 22

Two Areas of Judicial Review are (2)

Answer 22

Division of Powers (Did they have the power to make that law) or Charter of Rights and Freedoms (Is this consistant with Charter?)

Question 23

When a law is made that is outside of the lawmakers scope of power

Answer 23

Ultra Vires

Question 24

If a law is unconstitutional Section 52 (1) Supremacy Clause can be used to strike down (no force or effect) - referred to as

Answer 24

Striking Down the LAW or SECTION of law.

Question 25

Using Courts to Resolve Constitutional Disputes

Answer 25

Constitutional Litigation

Question 26

Governements as for opinion in advance on whether a law is constitutional. Not binding but treated as such

Answer 26

Constitutional Reference

Question 27

Who can challenge the law? What is this called?

Answer 27

Standing

Question 28

How do you get STANDING to challenge a law?

Answer 28

1) Directly impacts you or 2) Meet 3 Part test (Its unconstitutional? Genuine Interest? Noone Better suited to challenge the law?)

Question 29

Abortion Case, Individual was an Activist and wanted to challenge abortion in Canada. Three part test proved the Activist was best suited as the mother/doctor would not question the Abortion

Answer 29

Canada v BORROWski

Question 30

Abortion Case - father wanted to KEEP baby. Three part test proved him to have standing.

Answer 30

Tremblay v. Daigle

Question 31

Case that questioned if advocacy/activist groups have standing to challenge a law. Immigration case where a church wished to challenge changes on behalf of an immigrant

Answer 31

Canadian Council of Churches v. Canada - not granted standing

Question 32

Will make arguments in a case that isnt theirs with courts permission. Argue if law is or ISNT constitutional.

Answer 32

Intervenor

Question 33

Constitutional Litigation is Dependant on a 6 Part TEST

Answer 33

1 - Issues , 2- Standing, 3. Interventions, 4- Justiciability, 5- Mootness, 6- Constitutional Remedies

Question 34

Mainly reference cases - courts may refuse cases with no LEGAL question that are POLITICAL

Answer 34

Justiciability

Question 35

Irrelevant or has no practical effect. Must have signifigance.

Answer 35

Mootness

Question 36

Roman Catholic Priest received a ticket and went to court to protest it, asked for a trial in french ( his right). Case went to Supreme Court and the Priest died before it was decided - it then became MOOT

Answer 36

R. v. Mercure (Mercury Speeding Ticket)

Question 37

Remedies to an issue deemed not constitutional (6)

Answer 37

1- Striking Down, 2- Delaying, 3- Severance, 4- Reading In, 5- Reading Down, 6- S.24 Of Constitution Act (CHARTER BREACHES)

Question 38

Courts Recognize a law is unconstitutional, but give government time to fix it (& CASE)

Answer 38

Delaying -- CANADA v BEDFORD (Prostitution)

Question 39

If PART of an act is unconstitutional, that part can be severed. It need to make sense. (& CASE)

Answer 39

Severance - Reference r Alberta bill of Rights

Question 40

The court will add words to make it constitutional (& CASE - (Father was Adoptive parent, wanted unemployment benefits but was not natural parent)

Answer 40

Reading In - Schachter v Canada - They added in adoptive parents so that he could receive the equal benefits

Question 41

If act has two interpretations- read the one that makes it constitutional.

Answer 41

Reading Down

Question 42

Remedies that only apply to Charter. Anyone whose rights have been infringed may apply.

Answer 42

Section 24 (1)

Question 43

Remedies only apply for the Charter. Where EVIDENCE WAS OBTAINED IN MANNER that infringed on individuals rights by Charter, evidence is excluded!

Answer 43

Section 24 (2)

Question 44

IN LAW

Answer 44

Intra Vires

Question 45

OUTSIDE Law

Answer 45

Ultra Vires

Question 46

Opening Phrase of Section 91

Answer 46

Peace, Order and Good Governance (POGG)

Question 47

Property and Civil Rights WITHIN the Province (Section 92)

Answer 47

Provincial Power 92 (13)

Question 48

Generally " All matters of a local or private nature" IN the province (Section 92)

Answer 48

Provincial Power 92 (16)