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Constitutional
Principles/Statutes
| Question | Answer |
|---|---|
| Meech Lake and Charlottetown Accord? | 1987 and 1992. Proposed amendments to 1982 Constitution Act. |
| Legislative sources of Constitutional Law? | British Statutes: Statutes of Westminster, 1931 Canadian Constitutional Documents: Constitution Acts, 1867 and 1982; and Charter of Rights and Freedoms, 1982 Ordinary Canadian Statutes: SC Act |
| Common Law Sources of Constitutional Law? | Interpretation Aboriginal rights Parliamentary privilege Prerogatives |
| What preserved civil law? | Preserved as the law of Quebec by Quebec Act , 1774 |
| Indigenous Law Sources of Constitutional Law? | Treaties (used to define content of Aboriginal Rights) |
| International Sources of Constitutional Law? | International agreements/treaties Interpretation of Canadian domestic law |
| What about Customary Practice is a source of Con. Law? | Political conventions of Parliamentary democracy |
| What are the 4 unwritten constitutional principles? (laid out in Re: Quebec Succession) | 1) Federalism 2) Democracy 3) Constitutionalism and the Rule of Law 4) Protection of Minorities |
| What was the Royal Proclamation of 1763? | - Source of Constitutional Law - Acknowledgement of Nation to Nation relationship w/ Indigenous ppls. (debatable sovereignty) - Read @ meeting of Niagara by Sir William Johnson where two-row wampum belt also exchanged |
| What legislation gives the gov't the power to refer questions to the court? | - SCC Act s. 53 (1) |
| What modes of Constitutional argument did Robin Elliot give us? | Historical (eg. women excluded by CL) Textual (surrounding provisions - scheme - he/persons) Structural Prudential Doctrinal (progressive interpretation; Living tree) Ethical (broader social movement; women are HUMANS!) |
| Senate? | - Upper house of the Canadian Parliament - Intended to protect regional interests - Problems with democratic legitimacy |
| Four continuums of judicial interpretation? | Centralizing - Decentralizing Living tree - Intention of drafters Watertight Compartments - Jurisdictional overlap Activist - Deferential |
| Pith and Substance? | - "What's the matter?' 1) Purpose 2) Effect - Allows for overlap |
| Assigning the "matter" to head of power? | 1) Was the law validly enacted under that head of power? Yes? = aces, No? = 2) 2) Is it valid under the Ancillary Powers or Double Aspect Doctrines? |
| Is it a Criminal law? How do you know? | 1) Does it have a prohibition + a penalty? 2) Does it have public purpose (Morality, security, health, order, exc. ) |
Created by:
LawStudent2018
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