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Intro Module 5
Constitution
| Question | Answer |
|---|---|
| “Canada began not as an independent nation but as a colony of _____" | Great Britain |
| Describe 2 of the main functions of Canada’s Constitution | To distribute powers between provincial and federal levels of government, To confirm the desire to remain closely associated with Great Britain |
| List 3 of the conventions and practices that were not included in the BNA Act but that mirrored those of Great Britain | Selection and role of the Prime Minister, composition of the executive of the House of Commons or Cabinet, existence and role of political parties |
| Which Act and which Prime Minister brought our Constitution home? | Pierre Trudeau, the Canada Act 1982 |
| When did the Privy Council in England stop hearing appeals from our Supreme Court of Canada? | December 23, 1949 |
| “The Constitution Act 1982 abolished and replaced the Constitution Act 1867.” True or false? | False – it consolidated and amended the BNA Act, 1867 |
| “The Canadian Charter of Rights is not an Act unto itself.” Discuss whether or not this is true or false and why? | This is true, the Charter of Rights and Freedoms is Part 1 of the Constitution Act and not an act unto itself |
| Identify the two ways in which the Constitution differs from other statutes | Supremacy and Amendment - the Constitution has supremacy over all other laws in Canada, and the Constitution is much more difficult to amend than all other legislation |
| Which level of government has residual power under the Constitution? | Federal government |
| What does POGG stand for? | Peace, order, and good government |
| Describe the 3 areas in which the federal government has exceptional power under the Peace, Order and Good Government (“POGG”) clause pt 1 | Power to govern an activity that is not found elsewhere in the Constitution, In emergency situations, to enact laws that interfere with provincial matters, |
| Describe the 3 areas in which the federal government has exceptional power under the Peace, Order and Good Government (“POGG”) clause pt 2 | Power to deal with matters beyond a local or provincial concern that are important to the nation as a whole |
| List the 3 areas of activity that can be governed by both the federal and provincial governments. What is this type of jurisdiction called? | old age pensions, agriculture and immigration, criminal law - Concurrent jurisdiction |
| Describe the general amending formula under the Constitution | s.38 is the general formula - requires that 7 provinces that make up at least 50% of Canada’s population agree to the constitutional amendment |
| In which section do we find those matters that are subject to the general amending formula | s. 42 |
| Provide 2 examples of amendments that have to be agreed upon by Parliament, all provincial legislatures, The House of Commons and the Senate | Changes to the role of the Governor General or Lieutenant Governor of a province, provincial House of Commons members, and the composition of the Supreme Court of Canada |
| Who has power over criminal matters in Canada? Discuss. | Both federal and Provincial have power over criminal matters. This is a section that falls under concurrent jurisdiction. When deciding who will hear the case courts will look at Pith and substance, Interjurisdictional immunity, Federal paramountcy |
| How does a court decide difficult cases? | By using 3 legal doctrines o Pith and substance o Interjurisdictional immunity o Federal paramountcy |
| Describe pith and substance | The courts examine the law itself and discover the main thrust of the law, then they determine which head of power covers that main thrust |
| What does "incidental effect" refer to? | the effect an intra vires law may have on the other level of government. If the law is incidental, it will still be intra vires |
| What does "double aspect" refer to? | the fact that a law may affect both levels of government and can still be valid |
| If a law passed by one level of government has more than just an incidental effect on the authority of the other level of government what is it? | prima facie (on its face) unconstitutional |
| If the law is seen as unconstitutional, how does this doctrine play a role? | this doctrine allows the unconstitutional law to stand if it plays an important role in a valid legislative scheme |
| What is the ESA (Employment Standards Act)? | The Employment Standards Act of Ontario is provincial legislation which provides minimum standards to employees |
| Who is exempt from the ESA? | workers in federally regulated businesses such as banks or airlines. Federal government is exempt from this and does not have to comply |
| When there is a conflict between federal law and provincial law, who takes precedence? | federal law will take precedence and the provincial law will be in operative to the extent of the conflict |
| What does conflict refer to? | Conflict refers to the impossibility of dual compliance |
Created by:
Kelseym98
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