This document summarizes key aspects of the Canadian constitution and system of government. It outlines the main sources and structure of Canadian constitutional law, including the division of powers between federal and provincial governments. It also discusses the patriation of the constitution from Britain, which established Canada's ability to amend its own constitution and included the Charter of Rights and Freedoms. However, this process failed to gain Quebec's support and led to two sovereignty referendums in that province.
This document summarizes key aspects of the Canadian constitution and system of government. It outlines the main sources and structure of Canadian constitutional law, including the division of powers between federal and provincial governments. It also discusses the patriation of the constitution from Britain, which established Canada's ability to amend its own constitution and included the Charter of Rights and Freedoms. However, this process failed to gain Quebec's support and led to two sovereignty referendums in that province.
This document summarizes key aspects of the Canadian constitution and system of government. It outlines the main sources and structure of Canadian constitutional law, including the division of powers between federal and provincial governments. It also discusses the patriation of the constitution from Britain, which established Canada's ability to amend its own constitution and included the Charter of Rights and Freedoms. However, this process failed to gain Quebec's support and led to two sovereignty referendums in that province.
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