Canadian Constitutional Change
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Questions and Answers

What is the primary role of judicial review in intergovernmental relations?

  • To initiate political negotiations between different levels of government
  • To conduct public consultations and referendums on constitutional matters
  • To amend the constitution and make formal changes
  • To resolve disputes between governments over jurisdictional issues (correct)

    • Which of the following statements accurately describes how courts interpret the constitution?

  • They rely solely on the original intent of the drafters of the constitution.
  • They consult with political leaders to reach a consensus on constitutional interpretation.
  • They consider public opinion polls to determine the popular will.
  • They apply precedents and legal principles to resolve disputes. (correct)

    • What is the significance of the concept of "stare decisis" in judicial review?

  • It ensures consistency and predictability in legal rulings. (correct)
  • It emphasizes the importance of public consultations in constitutional decisions.
  • It enables government officials to negotiate constitutional changes effectively.
  • It allows for the amendment of the constitution through legal interpretation.

    • How do courts determine whether a law is "intra vires" or "ultra vires"?

    <p>By examining whether the law falls within the jurisdiction assigned to the relevant level of government. (A)</p> Signup and view all the answers

    Which of the following is a potential consequence of a high court ruling declaring a law unconstitutional?

    <p>The law in question becomes immediately void and unenforceable. (A)</p> Signup and view all the answers

    What is the difference between judicial review and political negotiation in resolving intergovernmental disputes?

    <p>Political negotiations are more flexible and open to change, while judicial review is binding and permanent. (B)</p> Signup and view all the answers

    How does the difficulty in amending Canada's constitution affect intergovernmental relations?

    <p>It promotes collaboration and compromise between different levels of government. (A)</p> Signup and view all the answers

    Why have businesses historically challenged government regulations in Canada and the United States?

    <p>To protect their economic interests and freedom from undue government interference. (D)</p> Signup and view all the answers

    In terms of constitutional interpretation, what is a key difference between judges and politicians?

    <p>Judges have less freedom in their interpretations, while politicians have more flexibility. (C)</p> Signup and view all the answers

    Why might a government pursue a legal case that it knows it is likely to lose?

    <p>To appease political supporters who oppose a particular law or policy. (C)</p> Signup and view all the answers

    Which body was responsible for making final decisions on Canadian constitutional issues before 1949?

    <p>The Judicial Committee of the Privy Council (JCPC) (A)</p> Signup and view all the answers

    Which example illustrates the power of judicial review to update the meaning of the Constitution?

    <p>The Supreme Court’s decision to invalidate a law based on its violation of the Charter of Rights and Freedoms. (A)</p> Signup and view all the answers

    What is the primary role of judicial review in the Canadian political system?

    <p>To ensure that laws are consistent with the Constitution. (A)</p> Signup and view all the answers

    Which of the following is NOT a reason why citizens or companies might use judicial review?

    <p>To gain political advantage over an opposing political party. (C)</p> Signup and view all the answers

    What was the main issue at stake in the legal challenges to the federal firearms registry?

    <p>The division of powers between the federal and provincial governments. (B)</p> Signup and view all the answers

    How do Supreme Court rulings on constitutional issues shape Canadian federalism?

    <p>By determining the balance of power between the federal and provincial governments. (A)</p> Signup and view all the answers

    Flashcards

    Difficult Constitutional Change

    Amending Canada’s constitution requires agreement from all 11 governments.

    Intergovernmental Relations

    Governments negotiate to resolve disputes instead of making formal constitutional changes.

    Judicial Review

    Courts interpret the constitution and can declare laws unconstitutional.

    Intra vires vs. Ultra vires

    Intra vires means within legal authority; ultra vires means beyond legal authority.

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    Legal Challenges

    Governments may challenge each other through court over jurisdictional issues.

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    Citizens in Judicial Review

    Individuals can contest laws in court, arguing lack of governmental authority.

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    Judicial Review vs. Political Negotiation

    Courts decide based on law, while political decisions involve negotiations.

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    Stare Decisis

    Courts follow previous rulings which slow legal changes.

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    Importance of Judicial Review

    Judicial review updates the meaning of the Constitution and decides on governmental powers.

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    Conflict Resolution in Law

    Courts resolve disputes when federal and provincial governments disagree on legal powers.

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    Who Can Initiate Judicial Review?

    Governments or citizens can challenge laws they believe are unconstitutional.

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    Government Litigation Strategy

    Governments go to court to assert power over laws they believe are lawful or to appease their supporters.

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    Final Authority Before 1949

    The Judicial Committee of the Privy Council (JCPC) in Britain was the final authority on constitutional matters in Canada before 1949.

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    Final Authority After 1949

    The Supreme Court of Canada became the final authority on constitutional issues, shaping federalism.

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    Impact of Supreme Court Decisions

    Supreme Court rulings influence Canadian federalism and determine the extent of governmental powers.

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    Study Notes

    Constitutional Change and Dispute Resolution

    • Constitutional amendments require agreement from all 11 levels of government (federal and provincial).
    • Public consultation and referendums further complicate the amendment process.
    • Political rigidity often hinders compromise and agreement.
    • Intergovernmental disputes are typically resolved through negotiation.
    • Representatives from various government levels (first ministers, cabinet ministers, bureaucrats) engage in dialogue.
    • Canadian constitutional practices evolve informally.
    • Courts play a vital role in interpreting the constitution and resolving legal disputes.
    • Laws conflicting with the constitution can be declared unconstitutional.
    • Courts determine if laws are within (intra vires) or beyond (ultra vires) their delegated authority in federal systems.
    • Legal challenges are common, with governments challenging each other's laws over jurisdictions.
    • Federal and provincial governments can refer constitutional issues to the Supreme Court for clarification.
    • Individuals and businesses can challenge laws or government actions deemed unconstitutional.
    • Historically, business entities resisted economic regulations in Canada and the U.S. leading to legal shifts and constitutional amendments.

    Judicial Review in Intergovernmental Relations

    • Judicial review decisions are based on legal arguments, unlike political negotiations.
    • Political motivations still influence litigation decisions but judges must adhere to legal principles.
    • Supreme Court rulings are binding and have similar impact as constitutional amendments.
    • Decisions are zero-sum (one party wins, the other loses) regarding jurisdiction assignment.
    • Legal precedent (stare decisis) limits flexibility and leads to slower legal change.
    • Governments strategically pursue legal cases backed by strong legal arguments.
    • Winning rulings bolster government positions in negotiations and political influence.
    • Governments may pursue cases with weaker legal grounds to appeal to political support.

    Evolution of Judicial Review in Canada

    • The Judicial Committee of the Privy Council in Britain initially determined constitutional cases (until 1949, favoring provincial powers).
    • Canada's Supreme Court became the final authority on constitutional interpretation after 1949.
    • Continued judicial interpretation shapes Canada's federal system and clarifies legislative powers.

    Judicial Review Explained Simply

    • Judicial review is a process where courts assess laws and government actions against the constitution.
    • If a law or action violates the constitution, courts deem it invalid.
    • Judicial review is vital, as a Constitution deemed difficult to amend is instead clarified, updated and interpreted over time.
    • It clarifies legislative jurisdiction (federal vs. provincial).
    • Governments, citizens, and businesses can initiate judicial review.
    • Governments initiate lawsuits for power gains or to fulfill political obligations.
    • Historically, the Judicial Committee of the Privy Council in Britain was the final authority until 1949.
    • The Supreme Court of Canada has been the final authority ever since 1949.
    • Supreme Court decisions profoundly impact Canada's federal system and significantly alter the balance of governmental power distribution.

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    Description

    Explore the complexities of constitutional amendments in Canada, including the required agreements from different levels of government and the role of public consultation. This quiz also covers dispute resolution mechanisms and the impact of courts on interpreting the constitution. Test your knowledge on how these processes influence Canadian governance.

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