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Questions and Answers
What was the primary effect of Sections 91 and 92 of the Constitution Act, 1867, on Canadian governance?
What was the primary effect of Sections 91 and 92 of the Constitution Act, 1867, on Canadian governance?
- They defined the division of legislative powers between the federal and provincial governments, shaping Canadian federalism. (correct)
- They outlined the specific processes for amending the constitution, requiring unanimous consent from all provinces.
- They established a bicameral parliamentary system, dividing legislative powers between the House of Commons and the Senate.
- They created a process for judicial appointments, ensuring representation from each province on the Supreme Court.
Why is the notwithstanding clause a significant part of the Canadian Charter of Rights and Freedoms?
Why is the notwithstanding clause a significant part of the Canadian Charter of Rights and Freedoms?
- It guarantees that all treaties with Indigenous peoples are enshrined in the Constitution and cannot be altered without their consent.
- It allows the federal government to override provincial laws in matters of national interest, ensuring federal supremacy.
- It permits Parliament or provincial legislatures to temporarily override certain Charter rights, under specific conditions and limitations. (correct)
- It requires all constitutional amendments to be ratified by a national referendum, promoting direct democracy.
How does the concept of judicial review function within the context of Canada's Constitution?
How does the concept of judicial review function within the context of Canada's Constitution?
- It enables Parliament to review decisions of lower courts, ensuring consistency in the interpretation of laws.
- It allows the Prime Minister to review and veto decisions made by the Supreme Court, ensuring executive control over the judiciary.
- It empowers the Supreme Court to assess whether laws comply with the Charter of Rights and Freedoms, striking down those that conflict. (correct)
- It provides a mechanism for provincial governments to review federal legislation, ensuring protection of provincial rights.
What is the significance of Section 35 of the Constitution Act, 1982, concerning Aboriginal rights?
What is the significance of Section 35 of the Constitution Act, 1982, concerning Aboriginal rights?
What was the primary reason Quebec did not formally consent to the Constitution Act, 1982?
What was the primary reason Quebec did not formally consent to the Constitution Act, 1982?
Which of the following best describes the meaning of 'entrenchment' in the context of the Constitution?
Which of the following best describes the meaning of 'entrenchment' in the context of the Constitution?
In the case of R v Morris (2006), what was the primary legal issue addressed by the Supreme Court of Canada?
In the case of R v Morris (2006), what was the primary legal issue addressed by the Supreme Court of Canada?
Which of the following is a core element of 'federalism' as it applies to Canada's legal and political structure?
Which of the following is a core element of 'federalism' as it applies to Canada's legal and political structure?
Flashcards
British North America Act
British North America Act
The act enacted in 1867, now known as the Constitution Act.
Constitution Act, 1982
Constitution Act, 1982
Introduced the Canadian Charter of Rights and Freedoms.
Sections 91 and 92
Sections 91 and 92
Deal with the distribution of legislative powers between federal and provincial levels.
Quebec's rejection of 1982 Constitution
Quebec's rejection of 1982 Constitution
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Judicial review
Judicial review
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Entrenched Constitution
Entrenched Constitution
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Charter of Rights and Freedoms
Charter of Rights and Freedoms
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Aboriginal and treaty rights
Aboriginal and treaty rights
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Study Notes
Canada's Constitution Act
- Constitution Act, 1867 (British North America Act): Enacted in 1867, this act established the division of legislative powers between the federal and provincial governments.
- Constitution Act, 1982: Introduced the Canadian Charter of Rights and Freedoms.
- Section 91 and 92: Govern the distribution of legislative powers between the federal and provincial governments.
- Quebec's Rejection of 1982 Act: Quebec opposed aspects deemed insufficient for distinct society recognition and rights.
- Judicial Review: Courts deem laws contradicting the Charter invalid.
- Charter of Rights and Freedoms: Protects fundamental freedoms, legal rights, and equality rights for Canadians.
- Aboriginal and Treaty Rights: Recognized and affirmed in Section 35 of the Constitution Act, 1982.
- Federalism: Refers to the division of powers among the federal and provincial governments in Canada.
- Entrenched Constitution: The Constitution is difficult to change, requiring a specified amendment process.
- R v Morris (2006): The Supreme Court interpreted treaty rights for the Tsartlip Indian Band, permitting hunting under certain conditions.
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