Constitutions & The Constitution of Canada

Question 1

CONSTITUTIONS

Answer 1

The foundational charter and supreme laws that form the basis of a legal system and political society

Question 2

DICKOVICK

Answer 2

Constitutions symbolize the social contracts that societies make to ‘constitute’ themselves

Confer authority to political actors in exchange for the establishment of order and the rule of law

Question 3

KEY FUNCTINS OF CONSTITUTIONS:

Answer 3

• Express the founding principles & shared values
• Establish the political system
• Establish fundamental laws of society
• Confer power to particular actors and/or institutions
• Limit the exercise of government power
• Outline the basic rights and obligations of citizens
• Highlight a particular history
• Contain aspirations

Question 4

CONSTITUTIONS & THE DIFFUSION OF POWERS

Answer 4

Most constitutions diffuse authority of the state through:
i) division of powers
ii) systems of checks and balances

Authority may be diffused horizontally or vertically

Question 5

HORIZONTAL

Answer 5

Authority is spread across different branches at the same level

(e.g. executive, legislative, and judicial branches)

Question 6

VERTICAL

Answer 6

Authority is shared between different levels of government

(e.g., federal and provincial)

Question 7

SEPERATION OF POWER

Answer 7

Division of governmental powers among three branches

(executive, legislative, and judicial branches)

Question 8

FEDERALISM

Answer 8

A political system with multiple levels of government, each with a degree of autonomy with specified jurisdiction

Question 9

UNITARISM

Answer 9

No subnational governments possessing delegated authority

Question 10

THE CANADIAN BILL OF RIGHTS, 1960

Answer 10

A federal statute aimed at protecting individual rights

pre-charter

Question 11

CONSITUTIONAL DESIGN

Answer 11

Refers to the specific features and characteristics of constitutions.

Question 12

CONSITUTIONAL DESIGN: LENGTH

Answer 12

Constitutions can be short or long, affecting their complexity and detail.

Question 13

CONSITUTIONAL DESIGN: WRITTEN/UNWRITTEN

Answer 13

Written/Codified: Constitutions that are formally documented (Civil Law)

Unwritten/Uncodified: Constitutions that rely on statutes, conventions, and judicial decisions without a single formal document (Common Law)

Question 14

CONSITUTIONAL DESIGN: AMENDEMENT PROCESS

Answer 14

Constitutions are typically designed to be difficult to change, requiring specific procedures to amend

Question 15

CONSITUTIONAL DESIGN: JUDICIAL REVIEW

Answer 15

Many constitutions provide for judicial review, allowing courts to interpret and enforce constitutional provisions.

Question 16

CONSITUTIONAL DESIGN: OMISSION OF POLITICAL STRUCTURES

Answer 16

Some constitutions may omit details about important political structures and legal processes, leaving room for interpretation and flexibility

Question 17

ROYAL PROCLAMATION, 1764

Answer 17

Transferred French territory to the UK

Question 18

BRITISH NORTH AMERICAN ACT, 1867

Answer 18

Created the ‘Dominion of Canada’

Question 19

STATUE OF WESTMINSTER, 1931

Answer 19

Gave Canada legislative independence from the UK

Question 20

CONSTITUTION ACT, 1982

Answer 20

• Patriated the Constitution
• Includes judicial review
• Includes amending formulas (sections 38, 41, 43)

Includes the Canadian Charter of Rights and Freedoms

Question 21

7/50 FORMULA

Answer 21

Requires approval from 7 provinces representing at least 50% of the population

Question 22

SECTION 91:

Answer 22

Outlines federal powers and jurisdiction

Section 91 (27): gives federal government exclusive power to legislate on criminal law

Question 23

SECTION 92:

Answer 23

Outlines provincial powers/jurisdiction

Question 24

SECTION 36 (2)

Answer 24

Sets out equalization payments between provinces

Question 25

Canada (Attorney General) V. PHS Community Services Society

Answer 25

- Approval of legal injection sites - Constitutional/administrative law, natural law, legal realism, legal positivism

Question 26

R. v. Drybones (1970)

Answer 26

Involved Canadian Bill of Rights A landmark Supreme Court case addressing Indigenous rights Nullified the law that involved Indigenious will be arrested for being drunk off their reserves (Federalism)

Question 27

ASYMMETRICAL DECENTRALIZATION

Answer 27

A form of governance where different regions/groups within a state have varying degrees of autonomy and power (e.g. provinces have more jurisdiction than territories)

Question 28

SECTION 1

Answer 28

- The limitations clause - Allows reasonable limits on rights and freedoms i) Sufficient importance ii) Proportionality

Question 29

Saskatchewan v. Whatcott (2013)

Answer 29

Hate Speech, constitutional Law

Question 30

SECTION 2

Answer 30

sets out fundamental freedoms of Canadians

Question 31

SECTION 3, 5, 6

Answer 31

sets out basic democratic rights of Canadians

Question 32

SECTIONS 7-14

Answer 32

sets out legal rights of Canadians

Question 33

SECTION 15

Answer 33

sets out equality rights of Canadians

Question 34

SECTIONS 16-23

Answer 34

concerns minority-language rights

Question 35

SECTION 24

Answer 35

power of the courts to exclude certain evidence

Question 36

SECTIONS 25-34

Answer 36

relate to the application of the Charter

Question 37

SECTION 32

Answer 37

Applies to federal and provincial governments

Question 38

SECTION 33

Answer 38

Notwithstanding Clause Allows governments to temporarily override certain Charter rights for up to five years

Question 39

R. v. Morgentaler, 1988

Answer 39

Abortion rights

Question 40

QUEBEC'S REJECTION OF THE CONSITUTION ACT, 1982

Answer 40

Rejection: Quebec never approved the Constitution Act, 1982

Question 41

MEECH LAKE ACCORD, 1987

Answer 41

Attempt to persuade Quebec to sign

Question 42

CHARLOTTETOWN ACCORD, 1992

Answer 42

Further attempt at constitutional reform, which ultimately failed

Question 43

SECTION 33 (3)

Answer 43

limits the clause to five years

Question 44

SECTION 41

Answer 44

identifies certain parts of the Constitution that require a more stringent amendment process

Question 45

SECTION 38

Answer 45

establishes the general procedure for amending the Constitution

Question 46

SECTION 43

Answer 46

provides a role for the federal Parliament regarding changes to the Constitution of Canada even if the changes affect only one province