Unit 2: Chapters 4-7 Test

Constitution of Canada: Supreme law of the land (above statute/common law)

-sets out division of powers between the different departments (federal and provincial) of government
-municipalities get powers from provinces
Sources of Canadian Constitutional Law:
1) Constitution Act of 1867 (BNA Act) & Constitution of 1982 (contains our Charter of Rights and
Freedoms)
2) Unwritten rules/conventions by which our system of government operates
3) Court Decisions that interpret the written constitution
Advantages of Written Constitutional Documents:
-Reduces confusion and misunderstanding (greater certainty of what the constitution is)
-Know where to go to see/understand it (ease of reference)
-easier to understand because it is spelled out for you in a document
Needs for a (Written) Constitution:
-some degree of stability and predictability to a state by establishing the political and legal structure of a
nation
Ex: main law making bodies of the government; legislative, executive, judicial
-sets out division of powers between the different bodies/levels of government
-scope and content of provincial and federal legislation
-set out the basic rights of citizens guaranteed rights = national, legal conscience
Founded Upon: i) Supremacy of the central government over the whole country FED GOVT
ii) Rule of Law
Division of Powers: system operates under federal rather than unitary system USA, Canada
-more than one level of govt that runs the country
FED: strong central (federal) government issues of national concern
Ex: defense, criminal law, banking, currency, postal service, residual powers (powers not
specifically granted to any particular level of government)
PROV (Regional): regional issues Ex: education, property, civil rights, hospitals, administration of
justice, solemnization of marriages
-Each level of government can only make laws in their jurisdiction, cannot make laws outside of
jurisdiction
-intra vires: within the powers granted
-ultra vires: beyond the powers granted
-cannot infringe on jurisdiction of other levels of government Ex: postal service @ provincial level
Courts & Constitution:
-Fathers of Confederation couldnt possibly have foreseen the technological advancements of today, and
therefore couldnt add them in the constitution
-BNA Act of 1867 is not conclusive
-the SCoC decide who has jurisdiction over these advancements
Supreme Court of Canada:
-wasn't final court of appeal until 1949
-prior to 1949, Judicial Committee of the Privy Council was the final court of appeal
-decision expanded provincial powers, and narrowed Federal Powers
-9 judges sit on the court (appointed by Fed cabinet) 3 must come from Quebec
-must retire at 75 years of age
-must give leave to appeal (consent) to hear a caseNational significance & binding to all lower courts

Patriation of the Constitution:

Importance:
-If Canada ever wanted to make changes to the Constitution, had to go to Britain, through patriation we
could change it ourselves
-To make sure the civil rights of Canadians were protected
-BUT couldn't agree on an amending formula
-c0nstitutional bill of rights (what to include)
-*All agreed except Quebec
-still hasn't signed Constitution2 attempts: Meech Lake Accord (1987), Charlottetown Accord
(1992)
-On April 17, 1982, the BNA Act became the Constitution (Charter of Rights and Freedoms)
Meech Lake Accord (Mulrooney- Conservatives):
-recognize Quebec as distinct societypeople were concerned this gave Quebec too much power
-didn't address any Aboriginal issues
-not ratified by all provinces by necessary time frameNewfoundland + Manitoba
Charlottetown Accord (Mulrooney-Conservatives):
-Aboriginal rights were also heard
-reforming the senateelected, not appointed
-SCoC: Supreme Court candidates should be appointed from lists from provinces
-Went on national referendumDEFEATED
-Gave Quebec 'Distinct Society Status'
Quebec Referendums
1980: Bloc Quebecois (majority party in Quebec) wanted Sovereignty Association
-different international relations stance, and look on immigration
-same currency (association)
Final: 60% said no
-After two failed tries to get Quebec to sign, Quebec felt they didn't belong, different stance
1995: Wanted complete sovereignty
Final: 50.56% wanted to say (they were angry!!)
Importance of Quebec to Canada
-Geographically, middle of Canada