Podcast
Questions and Answers
Which factor primarily motivated the British colonies in North America to consider confederation in the 1860s?
Which factor primarily motivated the British colonies in North America to consider confederation in the 1860s?
- Religious conflicts between Protestant and Catholic factions within the colonies
- Desire to establish a unified military force against European powers
- Economic challenges, fear of U.S. expansion, and the need for greater self-governance (correct)
- Imposition of direct rule by the British monarchy
The Constitution Act of 1867 established a completely independent Canadian nation, severing all ties with the British monarchy.
The Constitution Act of 1867 established a completely independent Canadian nation, severing all ties with the British monarchy.
False (B)
Before 1857, what was the extent of self-governance in British colonies that would later form Canada?
Before 1857, what was the extent of self-governance in British colonies that would later form Canada?
Each colony had its own government, while Britain controlled defense and trade.
The Constitutional Act of 1791 divided Quebec into two colonies: Upper Canada, which is now known as ______, and Lower Canada.
The Constitutional Act of 1791 divided Quebec into two colonies: Upper Canada, which is now known as ______, and Lower Canada.
Match the following documents with their significance in the constitutional evolution of Canada:
Match the following documents with their significance in the constitutional evolution of Canada:
How did the concept of 'responsible government,' adopted in Canada, influence the relationship between the elected representatives and the executive branch?
How did the concept of 'responsible government,' adopted in Canada, influence the relationship between the elected representatives and the executive branch?
Canada adopted the British constitutional model verbatim, including all unwritten conventions and traditions.
Canada adopted the British constitutional model verbatim, including all unwritten conventions and traditions.
What does Canada’s Constitution Act of 1867 state regarding the division of powers between the federal and provincial governments?
What does Canada’s Constitution Act of 1867 state regarding the division of powers between the federal and provincial governments?
Which of the following best describes the primary purpose of the Royal Proclamation of 1763?
Which of the following best describes the primary purpose of the Royal Proclamation of 1763?
The Royal Proclamation of 1763 permitted colonists to settle on Indigenous land without a treaty, promoting rapid expansion.
The Royal Proclamation of 1763 permitted colonists to settle on Indigenous land without a treaty, promoting rapid expansion.
What is the significance of the Royal Proclamation of 1763 regarding Indigenous land rights in Canada?
What is the significance of the Royal Proclamation of 1763 regarding Indigenous land rights in Canada?
The Durham Report was commissioned in response to rebellions in Upper and Lower Canada in the years ___________.
The Durham Report was commissioned in response to rebellions in Upper and Lower Canada in the years ___________.
Match the figures with their associated actions or roles:
Match the figures with their associated actions or roles:
What was a key recommendation of the Durham Report regarding the governance of Canada?
What was a key recommendation of the Durham Report regarding the governance of Canada?
The Act of Union in 1840 fully embraced and implemented all of Durham's recommendations, leading to immediate harmony between English and French Canadians.
The Act of Union in 1840 fully embraced and implemented all of Durham's recommendations, leading to immediate harmony between English and French Canadians.
Briefly explain what is meant by 'responsible government'.
Briefly explain what is meant by 'responsible government'.
The achievement of responsible government in the Province of Canada in 1848 meant that the British-appointed governor had to listen to the __________.
The achievement of responsible government in the Province of Canada in 1848 meant that the British-appointed governor had to listen to the __________.
What event marked a significant step towards responsible government in the Province of Canada?
What event marked a significant step towards responsible government in the Province of Canada?
Before the implementation of responsible government, Canadian colonies were primarily governed by elected representatives who were directly accountable to the local population.
Before the implementation of responsible government, Canadian colonies were primarily governed by elected representatives who were directly accountable to the local population.
Who were two key figures who advocated for responsible government in the Canadian colonies?
Who were two key figures who advocated for responsible government in the Canadian colonies?
If a government loses a vote of ___________ in the elected assembly, it must resign or call an election.
If a government loses a vote of ___________ in the elected assembly, it must resign or call an election.
How did the Durham Report influence the Act of Union 1840?
How did the Durham Report influence the Act of Union 1840?
Why are pre-1867 documents still relevant in Canada today?
Why are pre-1867 documents still relevant in Canada today?
Which of the following scenarios best exemplifies the application of the POGG power under the 'National Concern' doctrine?
Which of the following scenarios best exemplifies the application of the POGG power under the 'National Concern' doctrine?
The Crown in Canada is solely embodied by the reigning monarch, who directly governs the country.
The Crown in Canada is solely embodied by the reigning monarch, who directly governs the country.
Briefly explain how Royal Assent functions within the Canadian legislative process.
Briefly explain how Royal Assent functions within the Canadian legislative process.
The concept of Crown-in-Parliament signifies that the ultimate authority to govern Canada is shared between the Crown and the ______.
The concept of Crown-in-Parliament signifies that the ultimate authority to govern Canada is shared between the Crown and the ______.
Match the following roles with their corresponding level of government:
Match the following roles with their corresponding level of government:
Which of the following is a key distinction between the source of sovereignty in the United States and Canada?
Which of the following is a key distinction between the source of sovereignty in the United States and Canada?
The Governor General can independently create new laws without the approval of Parliament.
The Governor General can independently create new laws without the approval of Parliament.
Describe one way the Crown's existence contributes to stability within the Canadian government.
Describe one way the Crown's existence contributes to stability within the Canadian government.
The branch of government responsible for implementing and enforcing laws is the _______ branch.
The branch of government responsible for implementing and enforcing laws is the _______ branch.
In the Canadian system, what is the role of the legislative branch in the process of making laws?
In the Canadian system, what is the role of the legislative branch in the process of making laws?
POGG powers can only be invoked during times of war or national emergency.
POGG powers can only be invoked during times of war or national emergency.
Give one example of an area where the federal government might use POGG related to environmental protection.
Give one example of an area where the federal government might use POGG related to environmental protection.
At the provincial level, the Crown is represented by the _________.
At the provincial level, the Crown is represented by the _________.
What is the primary role of the Prime Minister and the Cabinet in relation to the Crown?
What is the primary role of the Prime Minister and the Cabinet in relation to the Crown?
Match the following descriptions with the appropriate term associated with Canadian government:
Match the following descriptions with the appropriate term associated with Canadian government:
What is the MOST accurate description of 'responsible government' in the Canadian context?
What is the MOST accurate description of 'responsible government' in the Canadian context?
Judicial independence implies that judges are elected to ensure they are accountable to the public will.
Judicial independence implies that judges are elected to ensure they are accountable to the public will.
What fundamental change occurred in the role of Canadian courts after the enactment of the Constitution Act, 1982, including the Charter of Rights and Freedoms?
What fundamental change occurred in the role of Canadian courts after the enactment of the Constitution Act, 1982, including the Charter of Rights and Freedoms?
In the Canadian legal system, Section 91(2) of the Constitution primarily deals with matters related to ______.
In the Canadian legal system, Section 91(2) of the Constitution primarily deals with matters related to ______.
Match the following legal cases with their significance in defining Canadian federalism:
Match the following legal cases with their significance in defining Canadian federalism:
Which section of the Canadian Constitution grants the federal government the authority over criminal law?
Which section of the Canadian Constitution grants the federal government the authority over criminal law?
The case of R. v. Morgentaler (1988) primarily concerned the federal government's power to regulate trade and commerce.
The case of R. v. Morgentaler (1988) primarily concerned the federal government's power to regulate trade and commerce.
Describe the concept of judicial activism and judicial restraint in the context of Canadian courts.
Describe the concept of judicial activism and judicial restraint in the context of Canadian courts.
The ______ is the branch of government in Canada responsible for interpreting and applying the law.
The ______ is the branch of government in Canada responsible for interpreting and applying the law.
According to what you have learned, what is the MOST significant implication of the Charter of Rights and Freedoms for the Canadian legal system?
According to what you have learned, what is the MOST significant implication of the Charter of Rights and Freedoms for the Canadian legal system?
Before 1982, Canadian courts had the power to strike down laws that violated individual rights.
Before 1982, Canadian courts had the power to strike down laws that violated individual rights.
Why is judicial independence considered essential for maintaining the rule of law in Canada?
Why is judicial independence considered essential for maintaining the rule of law in Canada?
A vote of ______ in the legislative branch can lead to the resignation of the executive branch or a call for an election.
A vote of ______ in the legislative branch can lead to the resignation of the executive branch or a call for an election.
In the case of Citizens Insurance Co. v. Parsons (1881), what was the central issue?
In the case of Citizens Insurance Co. v. Parsons (1881), what was the central issue?
Judges in Canada are elected to ensure they are responsive to the needs and desires of the public.
Judges in Canada are elected to ensure they are responsive to the needs and desires of the public.
In the Carnation Co. v. Quebec Agricultural Marketing Board (1968) case, what was the central legal question the Supreme Court of Canada addressed?
In the Carnation Co. v. Quebec Agricultural Marketing Board (1968) case, what was the central legal question the Supreme Court of Canada addressed?
The Supreme Court's decision in Carnation Co. v. Quebec Agricultural Marketing Board (1968) completely restricted the federal government's power to regulate trade and commerce related to agricultural products.
The Supreme Court's decision in Carnation Co. v. Quebec Agricultural Marketing Board (1968) completely restricted the federal government's power to regulate trade and commerce related to agricultural products.
According to the Carnation case, what specific section of the Constitution Act, 1867 could grant the federal government powers over trade and commerce if interprovincial trade was directly involved?
According to the Carnation case, what specific section of the Constitution Act, 1867 could grant the federal government powers over trade and commerce if interprovincial trade was directly involved?
Which section of the Constitution Act, 1982, recognizes and affirms existing Aboriginal and treaty rights?
Which section of the Constitution Act, 1982, recognizes and affirms existing Aboriginal and treaty rights?
The Sparrow Test determines when Indigenous groups can prove Aboriginal Title.
The Sparrow Test determines when Indigenous groups can prove Aboriginal Title.
The Carnation case strengthened __________ control over agriculture, allowing them to regulate agricultural marketing within their borders even if companies operate in multiple provinces.
The Carnation case strengthened __________ control over agriculture, allowing them to regulate agricultural marketing within their borders even if companies operate in multiple provinces.
In the Labour Conventions Reference (1937), what was the Privy Council's ruling regarding Section 132?
In the Labour Conventions Reference (1937), what was the Privy Council's ruling regarding Section 132?
In Delgamuukw v. British Columbia, what was clarified regarding Aboriginal title?
In Delgamuukw v. British Columbia, what was clarified regarding Aboriginal title?
Match the impact of the Carnation Co. v. Quebec Agricultural Marketing Board case with its correct description:
Match the impact of the Carnation Co. v. Quebec Agricultural Marketing Board case with its correct description:
In the case of Tsilhqot’in Nation v. British Columbia, the Supreme Court granted Aboriginal title for the first time in Canadian history, saying the Tsilhqot'in group had proven their continuous use and __________ of the land.
In the case of Tsilhqot’in Nation v. British Columbia, the Supreme Court granted Aboriginal title for the first time in Canadian history, saying the Tsilhqot'in group had proven their continuous use and __________ of the land.
The Reference re Environmental Assessment Act (2021) confirmed that the federal government can never regulate environmental concerns that affect provincial matters.
The Reference re Environmental Assessment Act (2021) confirmed that the federal government can never regulate environmental concerns that affect provincial matters.
According to Section 92(13) of the Constitution Act, 1867, what broad area of law do provinces have the power to make laws about?
According to Section 92(13) of the Constitution Act, 1867, what broad area of law do provinces have the power to make laws about?
Match the following cases with their significance regarding Indigenous Rights:
Match the following cases with their significance regarding Indigenous Rights:
The Citizens Insurance Co. v. Parsons (1881) case confirmed provincial authority over local ______ and civil rights.
The Citizens Insurance Co. v. Parsons (1881) case confirmed provincial authority over local ______ and civil rights.
What was the key legal issue in the Citizens Insurance v. Parsons (1881) case?
What was the key legal issue in the Citizens Insurance v. Parsons (1881) case?
In Russell v. The Queen (1881), the Judicial Committee of the Privy Council ruled in favor of Frederick Russell, stating that regulating alcohol was strictly a provincial matter.
In Russell v. The Queen (1881), the Judicial Committee of the Privy Council ruled in favor of Frederick Russell, stating that regulating alcohol was strictly a provincial matter.
Match the court case with its impact on federal or provincial powers:
Match the court case with its impact on federal or provincial powers:
What is the significance of the federal spending power in the context of Canadian federalism?
What is the significance of the federal spending power in the context of Canadian federalism?
What principle is linked to Russell v. The Queen (1881), which helps decide which level of government has power over a law by looking at its main purpose?
What principle is linked to Russell v. The Queen (1881), which helps decide which level of government has power over a law by looking at its main purpose?
The Canada Temperance Act (1878), involved in the Russell v. The Queen case, allowed towns to ban __________ if the majority of voters agreed.
The Canada Temperance Act (1878), involved in the Russell v. The Queen case, allowed towns to ban __________ if the majority of voters agreed.
The Reference Re Canada Assistance Plan (1991) established that the federal government does not have the right to change its spending priorities if it negatively impacts provincial programs.
The Reference Re Canada Assistance Plan (1991) established that the federal government does not have the right to change its spending priorities if it negatively impacts provincial programs.
According to the Reference Re Natural Products Marketing Act (1937), which level of government has primary control over local economic matters, including the regulation of local industries?
According to the Reference Re Natural Products Marketing Act (1937), which level of government has primary control over local economic matters, including the regulation of local industries?
What does Section 35 of the Constitution Act, 1982, NOT do?
What does Section 35 of the Constitution Act, 1982, NOT do?
International law, such as UNDRIP, does not recognize Indigenous rights in Canada.
International law, such as UNDRIP, does not recognize Indigenous rights in Canada.
In the Reference Re Goods and Services Tax (GST) (1992), the Supreme Court confirmed the federal government's authority to impose national ______, even if they overlap with provincial taxes.
In the Reference Re Goods and Services Tax (GST) (1992), the Supreme Court confirmed the federal government's authority to impose national ______, even if they overlap with provincial taxes.
What is the significance of the Calder v. British Columbia case in the context of Aboriginal rights?
What is the significance of the Calder v. British Columbia case in the context of Aboriginal rights?
A provincial government passes a law requiring all businesses within the province to use a specific accounting software. A national software company argues that this infringes on federal trade and commerce powers. Which case is most relevant to determining the validity of this provincial law?
A provincial government passes a law requiring all businesses within the province to use a specific accounting software. A national software company argues that this infringes on federal trade and commerce powers. Which case is most relevant to determining the validity of this provincial law?
The __________ Test, established in R. v. Sparrow, is used to determine when the government can limit Indigenous rights.
The __________ Test, established in R. v. Sparrow, is used to determine when the government can limit Indigenous rights.
Aboriginal title is based on the idea that Indigenous peoples voluntarily gave up their land to the Crown.
Aboriginal title is based on the idea that Indigenous peoples voluntarily gave up their land to the Crown.
What is the basis for Aboriginal title in Canada?
What is the basis for Aboriginal title in Canada?
According to the ruling in Citizens Insurance v. Parsons (1881), what power does the federal government NOT have?
According to the ruling in Citizens Insurance v. Parsons (1881), what power does the federal government NOT have?
The Canadian constitution divides powers between the federal and ______ governments.
The Canadian constitution divides powers between the federal and ______ governments.
The Tsilhqot’in Nation v. British Columbia case weakened Indigenous groups' rights over traditional lands.
The Tsilhqot’in Nation v. British Columbia case weakened Indigenous groups' rights over traditional lands.
Which section of the Constitution Act, 1867, grants provinces the power to make laws about property and civil rights within their borders?
Which section of the Constitution Act, 1867, grants provinces the power to make laws about property and civil rights within their borders?
Match the case with the power it relates to:
Match the case with the power it relates to:
What was the primary legal question in the Margarine Reference (1949)?
What was the primary legal question in the Margarine Reference (1949)?
The Margarine Reference expanded federal power by allowing the federal government to regulate any product under its 'peace, order and good government' power.
The Margarine Reference expanded federal power by allowing the federal government to regulate any product under its 'peace, order and good government' power.
What key principle regarding federal power was reinforced by the Margarine Reference?
What key principle regarding federal power was reinforced by the Margarine Reference?
The Indian Act, passed in 1876, gave the Canadian government control over many aspects of Indigenous life, including status, land, education, and ______.
The Indian Act, passed in 1876, gave the Canadian government control over many aspects of Indigenous life, including status, land, education, and ______.
According to the Indian Act, what was 'Indian Status' based on historically?
According to the Indian Act, what was 'Indian Status' based on historically?
The Indian Act has been fully repealed and no longer affects First Nations peoples in Canada.
The Indian Act has been fully repealed and no longer affects First Nations peoples in Canada.
What was one of the primary goals of the Indian Act, as seen by its critics?
What was one of the primary goals of the Indian Act, as seen by its critics?
The R.v.Calder case was dismissed on a ______, despite recognizing Aboriginal title.
The R.v.Calder case was dismissed on a ______, despite recognizing Aboriginal title.
What was the central argument of the Nisga'a Nation in the R.v.Calder case?
What was the central argument of the Nisga'a Nation in the R.v.Calder case?
The R.v.Calder case resulted in an outright victory for the Nisga’a Nation in 1973.
The R.v.Calder case resulted in an outright victory for the Nisga’a Nation in 1973.
What key legal concept did the R.v.Calder case establish regarding Indigenous rights in Canada?
What key legal concept did the R.v.Calder case establish regarding Indigenous rights in Canada?
The Guerin v. The Queen case established the ______ duty of the Canadian government towards Indigenous peoples.
The Guerin v. The Queen case established the ______ duty of the Canadian government towards Indigenous peoples.
What specific event led to the Guerin v. The Queen case?
What specific event led to the Guerin v. The Queen case?
The Guerin case determined that the government does not have a special responsibility when managing Indigenous lands.
The Guerin case determined that the government does not have a special responsibility when managing Indigenous lands.
Match the following legal cases with their primary significance:
Match the following legal cases with their primary significance:
In the Guerin v. The Queen (1984) case, what key legal principle was established regarding the federal government's relationship with Indigenous peoples?
In the Guerin v. The Queen (1984) case, what key legal principle was established regarding the federal government's relationship with Indigenous peoples?
The R. v. Sparrow (1990) case determined that Indigenous rights are not protected by the Constitution if federal regulations exist.
The R. v. Sparrow (1990) case determined that Indigenous rights are not protected by the Constitution if federal regulations exist.
What legal test was introduced in the R. v. Sparrow (1990) case to determine when and how the government can limit Indigenous rights?
What legal test was introduced in the R. v. Sparrow (1990) case to determine when and how the government can limit Indigenous rights?
The Delgamuukw v. British Columbia (1997) case confirmed the existence of Indigenous ______ rights, also known as Aboriginal title.
The Delgamuukw v. British Columbia (1997) case confirmed the existence of Indigenous ______ rights, also known as Aboriginal title.
Match the following cases with their primary legal outcome:
Match the following cases with their primary legal outcome:
What is the 'duty to consult' in the context of Indigenous rights in Canada?
What is the 'duty to consult' in the context of Indigenous rights in Canada?
According to the Delgamuukw Test, Indigenous groups must prove they shared the land with outsiders to claim Aboriginal title.
According to the Delgamuukw Test, Indigenous groups must prove they shared the land with outsiders to claim Aboriginal title.
Name one of the cases that confirmed the duty to consult, as mentioned.
Name one of the cases that confirmed the duty to consult, as mentioned.
Section ______ of the Constitution Act, 1982, recognizes and affirms Indigenous rights in Canada.
Section ______ of the Constitution Act, 1982, recognizes and affirms Indigenous rights in Canada.
In the context of restricting Indigenous rights, what does the 'Sparrow Test' require the government to prove?
In the context of restricting Indigenous rights, what does the 'Sparrow Test' require the government to prove?
The Guerin case only impacted land claims specifically related to the Musqueam First Nation and has little relevance to other Indigenous groups.
The Guerin case only impacted land claims specifically related to the Musqueam First Nation and has little relevance to other Indigenous groups.
What is the key requirement for proving Aboriginal title, according to the Delgamuukw Test, regarding land use?
What is the key requirement for proving Aboriginal title, according to the Delgamuukw Test, regarding land use?
The R.v. _____ case involved fishing with a net longer than allowed under federal fishing regulations.
The R.v. _____ case involved fishing with a net longer than allowed under federal fishing regulations.
Which of the following best describes the long-term impact of the Delgamuukw case on Indigenous land rights in Canada?
Which of the following best describes the long-term impact of the Delgamuukw case on Indigenous land rights in Canada?
The 'duty to consult' only applies to decisions directly concerning land claims and does not extend to other areas affecting Indigenous rights.
The 'duty to consult' only applies to decisions directly concerning land claims and does not extend to other areas affecting Indigenous rights.
Which scenario requires the government to consult with Indigenous groups?
Which scenario requires the government to consult with Indigenous groups?
Indigenous groups have the power to veto a project affecting their land following consultation with the government.
Indigenous groups have the power to veto a project affecting their land following consultation with the government.
What is required if Indigenous rights are seriously affected by a government decision?
What is required if Indigenous rights are seriously affected by a government decision?
The stronger the Indigenous land claim, the more ___________ is required.
The stronger the Indigenous land claim, the more ___________ is required.
Match the case with its correct description:
Match the case with its correct description:
What key right was confirmed for the Mi’kmaq, Maliseet, and Passamaquoddy peoples in the R. v. Marshall case?
What key right was confirmed for the Mi’kmaq, Maliseet, and Passamaquoddy peoples in the R. v. Marshall case?
The R. v. Marshall decision completely resolved all conflicts between Indigenous and non-Indigenous fishers.
The R. v. Marshall decision completely resolved all conflicts between Indigenous and non-Indigenous fishers.
What treaties formed the basis of Donald Marshall Jr.'s argument in the R. v. Marshall case?
What treaties formed the basis of Donald Marshall Jr.'s argument in the R. v. Marshall case?
The R. v. Marshall case introduced the concept of a '__________ __________' for Indigenous peoples.
The R. v. Marshall case introduced the concept of a '__________ __________' for Indigenous peoples.
What was the central issue in the Manitoba Egg Reference case?
What was the central issue in the Manitoba Egg Reference case?
The Manitoba Egg Reference case strengthened provincial powers over interprovincial trade.
The Manitoba Egg Reference case strengthened provincial powers over interprovincial trade.
Under which section of the Constitution Act, 1867, does the federal government have responsibility for interprovincial trade?
Under which section of the Constitution Act, 1867, does the federal government have responsibility for interprovincial trade?
The Manitoba Egg Reference case clarified the __________ of powers between the federal and provincial governments.
The Manitoba Egg Reference case clarified the __________ of powers between the federal and provincial governments.
Which entity created rules that regulated milk sales in Quebec, leading to the Carnation Co. v. Quebec case?
Which entity created rules that regulated milk sales in Quebec, leading to the Carnation Co. v. Quebec case?
The Carnation Co. v. Quebec case primarily concerned international trade regulations.
The Carnation Co. v. Quebec case primarily concerned international trade regulations.
Flashcards
Pre-Confederation Canada
Pre-Confederation Canada
Before 1867, Canada comprised separate British colonies, each with its own government, but Britain controlled major decisions.
Royal Proclamation of 1763
Royal Proclamation of 1763
Established rules for governing Quebec after British takeover, recognizing Indigenous rights.
Quebec Act of 1774
Quebec Act of 1774
Gave French Canadians in Quebec the right to keep their language, religion (Catholicism), and legal system (civil law).
Constitutional Act of 1791
Constitutional Act of 1791
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Act of Union 1840
Act of Union 1840
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Reasons for Confederation
Reasons for Confederation
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Constitution Act, 1867
Constitution Act, 1867
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Principles "similar to the UK"
Principles "similar to the UK"
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Why pre-1867 documents matter?
Why pre-1867 documents matter?
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Indigenous rights (1763)
Indigenous rights (1763)
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Quebec's Government (1763)
Quebec's Government (1763)
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The Durham Report (1839)
The Durham Report (1839)
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Problems Diagnosed by Durham
Problems Diagnosed by Durham
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Durham's Proposed Solutions
Durham's Proposed Solutions
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Responsible Government
Responsible Government
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Definition of Responsible Government
Definition of Responsible Government
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Problem Before Responsible Government
Problem Before Responsible Government
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Leaders for Change
Leaders for Change
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The Breakthrough (Responsible Gov)
The Breakthrough (Responsible Gov)
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Prime Minister and Cabinet
Prime Minister and Cabinet
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Accountability
Accountability
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Carnation Co. v. Quebec Agricultural Marketing Board (1968)
Carnation Co. v. Quebec Agricultural Marketing Board (1968)
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Supreme Court's Decision in Carnation Case
Supreme Court's Decision in Carnation Case
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Provincial Control Over Agriculture
Provincial Control Over Agriculture
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Clarification of Federal vs. Provincial Powers
Clarification of Federal vs. Provincial Powers
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Impact on Agricultural Marketing
Impact on Agricultural Marketing
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POGG (Peace, Order, Good Government)
POGG (Peace, Order, Good Government)
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POGG: National Concern
POGG: National Concern
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POGG: Emergencies
POGG: Emergencies
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POGG: Gaps in Constitution
POGG: Gaps in Constitution
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The Crown in Canada
The Crown in Canada
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Crown's Components
Crown's Components
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Royal Assent
Royal Assent
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Executive Role of Crown
Executive Role of Crown
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Crown-in-Parliament
Crown-in-Parliament
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Source of Sovereignty in Canada
Source of Sovereignty in Canada
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Governor General (Federal)
Governor General (Federal)
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Lieutenant Governor (Provincial)
Lieutenant Governor (Provincial)
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Executive Branch
Executive Branch
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Legislative Branch
Legislative Branch
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How Laws Are Made
How Laws Are Made
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Treaty Power (s. 132)
Treaty Power (s. 132)
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Labour Conventions Reference, 1937
Labour Conventions Reference, 1937
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POGG Power
POGG Power
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Property and Civil Rights (s. 92(13))
Property and Civil Rights (s. 92(13))
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Citizens Insurance Co. v. Parsons, 1881
Citizens Insurance Co. v. Parsons, 1881
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Reference Re Securities Act, 2011
Reference Re Securities Act, 2011
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Spending Power
Spending Power
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Reference Re Employment Insurance Act, 2005
Reference Re Employment Insurance Act, 2005
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Reference Re Canada Assistance Plan, 1991
Reference Re Canada Assistance Plan, 1991
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Taxation
Taxation
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Reference Re Natural Products Marketing Act, 1937
Reference Re Natural Products Marketing Act, 1937
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Reference Re Goods and Services Tax (GST), 1992
Reference Re Goods and Services Tax (GST), 1992
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Aboriginal Title
Aboriginal Title
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Labour Conventions Reference
Labour Conventions Reference
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Reference Re Goods and Services Tax (GST)
Reference Re Goods and Services Tax (GST)
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Meaningful Consultation
Meaningful Consultation
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Accommodation
Accommodation
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Protecting Indigenous Rights
Protecting Indigenous Rights
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R.v.Marshall (1999)
R.v.Marshall (1999)
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Moderate Livelihood
Moderate Livelihood
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Recognized Treaty Rights
Recognized Treaty Rights
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Intra-provincial Trade
Intra-provincial Trade
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Interprovincial Trade
Interprovincial Trade
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Limits on Provincial Trade Power
Limits on Provincial Trade Power
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Federal Trade Authority
Federal Trade Authority
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Manitoba Egg Reference (1971)
Manitoba Egg Reference (1971)
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Duty to Consult Trigger
Duty to Consult Trigger
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Real Discussions Mandate
Real Discussions Mandate
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No Indigenous Veto
No Indigenous Veto
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Consultation Depth
Consultation Depth
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Treaty Rights
Treaty Rights
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Section 35
Section 35
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International Law (and Indigenous Rights)
International Law (and Indigenous Rights)
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Calder v. British Columbia (1973)
Calder v. British Columbia (1973)
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R. v. Sparrow (1990)
R. v. Sparrow (1990)
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Sparrow Test
Sparrow Test
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Delgamuukw v. British Columbia (1997)
Delgamuukw v. British Columbia (1997)
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Tsilhqot’in Nation v. British Columbia (2014)
Tsilhqot’in Nation v. British Columbia (2014)
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Citizens Insurance v. Parsons (1881)
Citizens Insurance v. Parsons (1881)
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Strengthened Provincial Power
Strengthened Provincial Power
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Limited Federal Trade Power
Limited Federal Trade Power
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Set a Precedent
Set a Precedent
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Russell v. The Queen (1882)
Russell v. The Queen (1882)
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Expanded Federal Power
Expanded Federal Power
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"Pith and Substance" Principle
"Pith and Substance" Principle
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Checks and Balances
Checks and Balances
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The Judiciary
The Judiciary
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Judiciary's Job
Judiciary's Job
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Judicial Independence
Judicial Independence
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Features of Judicial Independence
Features of Judicial Independence
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Courts' Proper Role in Canada
Courts' Proper Role in Canada
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Courts' Role Before 1982
Courts' Role Before 1982
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Courts' Role After 1982
Courts' Role After 1982
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Implications After 1982
Implications After 1982
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Section 91(2): Trade and Commerce
Section 91(2): Trade and Commerce
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General Motors v. City National Leasing (1989)
General Motors v. City National Leasing (1989)
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Section 91(27): Criminal Law
Section 91(27): Criminal Law
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Proprietary Articles Trade Association v. AG Canada (1931)
Proprietary Articles Trade Association v. AG Canada (1931)
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R.v. Morgentaler (1988)
R.v. Morgentaler (1988)
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Margarine Reference impact
Margarine Reference impact
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Margarine Reference (1949)
Margarine Reference (1949)
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Margarine Reference outcome
Margarine Reference outcome
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The Indian Act
The Indian Act
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“Indian Status”
“Indian Status”
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Government control (Indian Act)
Government control (Indian Act)
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R. v. Calder (1973)
R. v. Calder (1973)
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First Recognition result
First Recognition result
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Resulted in negotiations
Resulted in negotiations
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R.v.Calder takeaway
R.v.Calder takeaway
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Guerin v. The Queen (fiduciary duty)
Guerin v. The Queen (fiduciary duty)
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Fiduciary duty meaning
Fiduciary duty meaning
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Guerin v. The Queen (Musqueam)
Guerin v. The Queen (Musqueam)
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Guerin v. The Queen (terms)
Guerin v. The Queen (terms)
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Nisga’a Treaty (2000)
Nisga’a Treaty (2000)
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Fiduciary Duty
Fiduciary Duty
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Guerin v. The Queen (1984)
Guerin v. The Queen (1984)
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The Sparrow Test
The Sparrow Test
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Duty to Consult
Duty to Consult
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Proving Aboriginal Title
Proving Aboriginal Title
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Justifying Limits on Rights
Justifying Limits on Rights
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Government's Fiduciary Duty
Government's Fiduciary Duty
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Sparrow Case Impact
Sparrow Case Impact
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Consultation and Accomodation
Consultation and Accomodation
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Establishment of Aboriginal Title
Establishment of Aboriginal Title
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Restriction Requirements
Restriction Requirements
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Study Notes
Canada’s Constitutional Evolution up to 1867
- Before 1857, Canada comprised separate British colonies, each with its own government.
- Britain controlled major decisions like defense and trade.
Key Documents Before 1867
- Royal Proclamation of 1763 established rules for governing New France after Britain took over, recognizing Indigenous rights.
- Quebec Act of 1774 allowed French Canadians to retain their language, religion (Catholicism), and legal system (civil law).
- Constitutional Act of 1791 split Quebec into Upper Canada (Ontario) and Lower Canada (Quebec), each with its own government, but under British control.
- Act of Union 1840 merged Upper and Lower Canada into the Province of Canada to address issues after rebellions.
Why Confederation Happened
- By the 1860s, colonies sought unity for strength, facing economic issues, fear of U.S. expansion, and the need for self-governance.
- Trade between colonies was inefficient.
- There was a desire to reduce reliance on Britain.
- The decision was made to unite and form Canada.
Constitution Act, 1867
- In 1867, the British Parliament passed the Constitution Act.
- It created the Dominion of Canada with four provinces: Ontario, Quebec, Nova Scotia, and New Brunswick.
- A federal system was established, dividing power between the federal and provincial governments.
- Canada's Constitution was modeled on the UK's system, with a parliamentary system, the rule of law, and a constitutional monarchy.
What "Similar in Principle to the UK" Means
- Canada adopted responsible government, where the government needs the support of elected representatives.
- The parliamentary democracy system ensures laws are made by elected officials.
- Individual rights protection was not fully written down until the Charter of Rights and Freedoms in 1982.
Why Pre-1867 Documents Still Matter
- Older documents shaped Canada's governmental framework.
- Certain rights, like French language and Indigenous rights, were protected and remain important.
Royal Proclamation of 1763
- King George III issued this law after Britain won the Seven Years' War.
- Its purpose was to organize new British territories in North America, including Quebec.
- Rules were set for governing new colonies acquired from France.
- It stated that Indigenous land required treaties with the British Crown before colonial settlement.
- This aimed to protect Indigenous rights and avoid settler conflicts.
- Quebec's borders were reduced to the St. Lawrence River area.
- The remaining land was reserved for Indigenous peoples or incorporated into other colonies.
- British settlers were encouraged to immigrate to Quebec by offering land and a British-style government.
- It is considered the first recognition of Indigenous land rights in Canada.
- Often referred to as the "Indigenous Magna Carta".
- It is referenced in modern land claims and Indigenous rights court cases.
The Durham Report
- Lord Durham wrote this report in 1839 after being sent to investigate rebellions in Upper and Lower Canada in 1837-1838.
- The conflict between English and French Canadians in Lower Canada was due to French Canadians feeling excluded from government and disliking British rule.
- Colonies lacked responsible government, as British-appointed governors ruled without regard for elected representatives.
- Durham proposed uniting Upper and Lower Canada to assimilate French Canadians.
- He advocated for responsible government with elected officials in charge.
- The Act of Union 1840 combined Upper and Lower Canada into the Province of Canada, based on Durham's recommendations.
- Over time, Canada moved toward responsible government, marking a democratic shift.
- The report is seen as a turning point for Canadian self-government and eventual Confederation in 1867.
- Assimilation of French Canadians was controversial and led to long-lasting tensions.
The Adoptions and Meaning of Responsible Government
- Responsible government entails the government being accountable to the people.
- The party in power, led by a Prime Minister, must maintain the support of elected representatives.
- Loss of majority support leads to resignation or an election.
- Canada was previously governed by British-appointed governors, causing discontent.
- Responsible government aimed at giving Canadians more say in their governance and advancing democracy.
- Figures like Louis-Hippolyte LaFontaine and Robert Baldwin championed responsible government.
- In 1848, the Province of Canada achieved responsible government when the British government ceded real power to the elected assembly.
- The Prime Minister and Cabinet must retain the majority's support in Parliament to stay in power, which ensures the government remains accountable to the people through their elected representatives.
- A vote of no confidence can force the government to resign or call an election.
POGG (Peace, Order, Good Government)
- POGG empowers the federal government to legislate on nationally significant matters, especially those not explicitly in the Constitution.
- It serves as a "catch-all" provision, enabling federal intervention to maintain peace, order, and effective governance.
- POGG applies to national concerns too extensive for provinces, such as climate change.
- During crises like wars and pandemics, it enables federal leadership.
- It bridges constitutional gaps, allowing federal action on issues not explicitly assigned.
- Examples include environmental protection, national security, and atomic energy regulation.
- POGG equips the federal government to tackle issues unforeseen in 1867 and enables a balance of power between federal and provincial entities.
What is The Crown in Canada?
- The Crown is the symbolic representation of the state and its governing authority in Canada.
- It is an institution rather than a specific individual.
- The Monarch (King Charles III) serves as the symbolic head of state, with the Governor-General (federal) and Lieutenant Governors (provincial) acting as representatives.
- It symbolizes continuity and stability.
- The Crown operates on the advice of elected officials, such as the Prime Minister.
- The Crown is a component of Canada's Constitution.
- Laws passed by Parliament require Royal Assent (approval from the Crown's representative) to become official.
- The Crown represents Canada’s formal head of government.
- The Prime Minister and Cabinet advise the Crown.
- The Crown appoints the Prime Minister, usually the party leader with the most seats in Parliament.
- Crown-in-Parliament means that the Crown shares sovereignty with the Parliament.
- The Crown represents the state, while Parliament represents the people.
- In the U.S., sovereignty comes from the people, based on the Constitution.
- The Crown is a symbol of Canada’s history and connection to the British monarchy.
- It provides a neutral symbol of the state, promoting government stability and separation from political parties.
Role of The Governor General and Provincial Counterparts
- The Governor General represents the King in Canada at the federal level.
- Their duties include representing Canada at events and performing constitutional duties.
- They grant Royal Assent to laws, appoint the Prime Minister, and open/close Parliament sessions.
- They act as a non-political figurehead uniting the country.
- Each province has a Lieutenant Governor in a similar role.
- Their roles mirror the Governor General’s but at the provincial level.
- They grant Royal Assent to provincial laws, appoint the premier, and handle legislature sessions.
How the Executive And Legislative Branches Relate
- The executive branch implements and enforces laws
- At the federal level, it includes the Prime Minister, Cabinet, and Governor General.
- At the provincial level, it includes the Premier, Provincial Cabinet, and Lieutenant Governor.
- The Legislative Branch creates the laws.
- At the federal level, it includes the house of commons and the senate.
- The role of the judiciary is to interpret and apply the current laws.
- At the Provincial level it the legislative assembly.
How They Work Together
- Laws are proposed by the executive branch and debated/voted on in the legislative branch.
- Royal Assent is necessary for laws to be official.
- The Prime Minister or Premier and Cabinet must keep the support of the legislative branch via debate, budgets, and questioning ministers.
The Judiciary and Judicial Independence of Canada
- The judiciary interprets and applies the law, including judges and courts.
- It resolves disputes, interprets laws, and protects rights.
- Judicial independence ensures judges make decisions without interference by being appointed (not elected) and protected from being dismissed for unpopular decisions.
- Key components of this concept include that Courts operate apart from the executive and legislative branches.
What Is The Proper Role Of The Courts in Canada?
- Courts interpret laws to protect people’s rights and freedoms.
- If a law is incongruent with the Charter, courts have the ability to overrule it.
- Courts have the ability to protect the constitution.
What Are The Implications of These Changes?
- The Charter ensures Canadians are granted fundamental rights, which increases trust in courts as protectors of rights.
- Courts have become a key check on the power of the executive and legislative branches.
- Courts can now strike down laws that violate rights, thus ensuring a more accountable government.
- The Charter ensures stronger Canadian protection of rights.
Section 91 (2) Trade and Commerce
- Allows Federal government power to regulate trade and commerce.
- Federal trade and commerce applies to inter-provincial and international trade.
- Local trade is a provincial power.
- This expanded Federal power in trade and to include activities in a National Economic System.
Section 91(27): Criminal Law
- Provides the federal government the power to create criminal laws.
- The law must be aimed at protecting the public interest.
- Highlights how criminal laws must comply with constitutional rights.
Section 132: Treaty Power
- Empowers the federal government to implement treaties between Canada and other countries.
- Section 132 only applies to treaties made by the British Empire and requires provincial cooperation if it affects provincial jurisdiction.
- The ruling shows how the federal government can regulate national environmental concerns even if it affected provincial matters.
Property and Civil Rights (S. 92(13))**
- Empowers provinces to legislate property and civil rights within their borders.
- Significant provincial power including contracts, property ownership, and civil law.
- The purpose is to allow provinces to regulate local matters that are directly resident.
- Reinforces provincial control over local economic matters.
Social Policy and the Spending Power
- Enables the federal government to spend on provincial jurisdiction such as social welfare.
- Provides authority to create policies that are influential.
- Shows how programs overlap with provincial concerns.
- Confirms the extent of governmental power.
Taxation
- Empowers both federal and provincial governments to tax.
- The government has the flexibility to use taxation to influence policy.
- Provinces control economic matters including regulations and local industries.
Bases of Indigenous Rights in Canada
- Aboriginal title is the inherent right of Indigenous peoples to own and control their traditionally used and occupied lands.
- Treaty rights are specified in treaties between Indigenous peoples and the Crown, often including promises on land, resources, education, and healthcare.
- Section 35 of the Constitution Act, 1982, recognizes and affirms these rights, offering constitutional protection
- Canada follows international laws through agreements like the UN Declaration on the Rights of Indigenous Peoples.
- Indigenous are allowed to own land based on historical and current events.
Cases Mentioned in Lecture Slides
- Citizens Insurance v. Parsons (1881) was ruled in favor of Parsons due to provincial government control over contract agreements.
- The federal government cannot use its trade or commerce power to control areas controlled by federal government.
- Russell V. Queen (1881) Queen case expanded federal power to regulate good and practice by law.
- The federal government controls over national concerns.
- The 1949 Margarine reference ruled with support over reinforcing provincial support over economic matters
- The federal government doesn't have government powers over criminal law.
- The Indian Act applies only to First Nations of people, including rules under the act and Indigenous status.
- The Act was meant to provide assistance to Indigenous communities.
- In 1973, R.v. Calder confirmed Indigenous land rights and led to land claim negotiations.
- It enforced the Nisga’a Treaty of 2000 resulting in government and land rights.
- The Supreme Court manages land carefully and honestly for Indigenous.
- The 1984 Guerin V. Queen strengthened Indigenous rights over land disputes.
- The federal government can not make decisions that benefit solely them, for the claim/dispute isn't solved properly.
- The "Sparrow Test" helps decide if Indigenous rights can be limited, this includes conservation and Indigenous' concerns.
- R v. Sparrow occurred in 1990 after Indigenous rights were challenged in the courts.
- Delgamuukw v. British Columbia (1997) has strengthen land claims and indigenous governance.
- The duty to consult is based on decisions affecting their rights.
- In some cases it will affect Native rights or agreements.
- It is important to be meaningful when consulting; Indigenous groups can not block a project but their concerns should be taking seriously
- An Indigenous group must have a voice and have the ability to consult.
- Marshall confirmed in 1999 that treaties are legally valid and a "moderate livelihood” can be obtained.
- It created to ensure fairness between non natives and first nation natives.
- The Manitoba Egg reference of 1971 resulted in strengthened federal power over the trade business.
- The federal government has to determine national trade laws.
- In the 1968 case, the Carnation co. V. Quebec, it was confirmed that the federal laws apply when interprovincial trade is directly involved.
- The federal government can regulated agricultural marketing and have interprovincial tradings, for trade power over takes the agricultural business.
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Description
Test your knowledge of Canadian constitutional history. Questions cover factors motivating confederation, the Constitution Act of 1867, and the division of powers. Explore responsible government and the evolution of Canada's constitutional framework.
