Constitutional Law Vocab

Question 1

Term used in the constitution Act, to collectively describe peoples of Native Indian, Inuit and Metis ancestry

Answer 1

Aboriginal Peoples

Question 2

Procedure to change Canada’s constitution without the involvement of the British Parliament

Answer 2

amending formula

Question 3

a proposed law; a draft form of an act or statue

Answer 3

bill

Question 4

An act passed by British Parliament to create Canada in the first place

Answer 4

British North American Act (1867)

Question 5

It set down legislation the civil rights and freedom that Canadians already had under common law (Applied to only federally controlled matters)

Answer 5

Canadian Bill of Rights (1960)

Question 6

law based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statues or regulations

Answer 6

case law

Question 7

Part of Canadas Constitution that protects the rights and freedoms of individuals in Canada

Answer 7

Charter of Rights and Freedoms (1982)

Question 8

The supreme law in Canada that reflects how we treat our citizens and maintains government (represents our society)

Answer 8

Constitution

Question 9

The new name for the British North American Act

Answer 9

Constitution Act (1867)

Question 10

An act passed by British Parliament which gave Canada its full independence

Answer 10

Constitution Act (1982)

Question 11

Constitutional Practices which are not legally enforceable through the courts

Answer 11

Constitutional Convention

Question 12

Constitutional practices which are legally enforceable through the courts

Answer 12

Constitutional Principle

Question 13

the principle that sovereignty should be divided between the federal government and the provinces as expressed in the constitution

Answer 13

division of powers (91-federal) (92-provincial)

Question 14

fixed firmly securely made apart of in law; specifically, made part of Canadas constitution so it can only be changed by an amendment to the constitution

Answer 14

entrenched

Question 15

a term originated by Native people to describe themselves and recognize that they belong to distinct cultural groups with sovereign rights based on being Canadas first inhabitants

Answer 15

First Nations

Question 16

basic rights and freedoms that are divided into 4 areas under the charter

Answer 16

fundamental freedoms

Question 17

4 areas under the fundamental freedoms

Answer 17

• conscience and religion
• thought, belief, opinion and expression
• peaceful assembly
• association

Question 18

moral principles or norms for certain standards of human behavior

Answer 18

human rights

Question 19

term used in the Constitution Act, 1982, to describe Native People who are not Inuit or Metis (imposed by European explorers)

Answer 19

Indian

Question 20

Broken or violated, as in an agreement or right that is violated (When your rights are taken away in a way that’s not acceptable

Answer 20

infringed

Question 21

person or organization knowingly commits a discriminatory act

Answer 21

intentional discrimination

Question 22

authority or power to do something (such as make laws)

Answer 22

jurisdiction

Question 23

provision in Canadian Charter of Rights and Freedoms allowing provinces and territories to create laws that operate in spite of certain contradictions with the charter

Answer 23

notwithstanding clause

Question 24

a group of representatives called together to help make law for a country

Answer 24

parliament

Question 25

a constitutional ruling that established the right of Women to be appointed to the senate

Answer 25

persons case

Question 26

a legal decision that serves as an example and authority in subsequent similar cases (basis rule - the legal principle in which similar facts result in similar decisions)

Answer 26

precedents

Question 27

provisions in the charter of Rights and Freedoms stating that Charter Rights and Freedoms are not absolute, so can be limited if their is justification

Answer 27

reasonable limits clause

Question 28

the fundamental principle that society is governed by law that applies equally to all persons and that neither an individual nor the government is above the law

Answer 28

rule of law

Question 29

laws or acts passed by government body such as parliament or provincial legislature

Answer 29

statute

Question 30

is the state of having the vote/right to vote in political situations

Answer 30

suffrage

Question 31

people or organizations treat others unfairly but are not aware that their actions are discriminatory

Answer 31

unintentional discrimination

Question 32

a meeting of three or more people likely to cause a breach of the peace or to endanger the public

Answer 32

unlawful assembly (e.g., riot)