Canada's Constitution Act Overview

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

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?

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?

It recognizes and affirms the existing Aboriginal and treaty rights of the Indigenous peoples of Canada. (C) Signup and view all the answers

What was the primary reason Quebec did not formally consent to the Constitution Act, 1982?

Quebec felt it was not adequately recognized as a distinct society within Canada, affecting its cultural and linguistic identity. (C) Signup and view all the answers

Which of the following best describes the meaning of 'entrenchment' in the context of the Constitution?

The Constitution is protected by a special amendment process, making it more difficult to change than ordinary laws. (D) Signup and view all the answers

In the case of R v Morris (2006), what was the primary legal issue addressed by the Supreme Court of Canada?

Whether a band's treaty rights extended to the use of modern hunting technology, specifically illuminating devices at night. (C) Signup and view all the answers

Which of the following is a core element of 'federalism' as it applies to Canada's legal and political structure?

A division of powers between a central (federal) government and regional (provincial) governments, each with defined areas of jurisdiction. (A) Signup and view all the answers

Flashcards

British North America Act

The act enacted in 1867, now known as the Constitution Act.

Constitution Act, 1982

Introduced the Canadian Charter of Rights and Freedoms.