Podcast
Questions and Answers
What aspect does judicial independence primarily defend against?
What aspect does judicial independence primarily defend against?
- Abuse of executive power (correct)
- Abuse of judicial power
- Public opinion pressure
- Legislative inefficiency
Which legal document contains the judicature provisions relevant to judicial independence?
Which legal document contains the judicature provisions relevant to judicial independence?
- The Bill of Rights
- The Charter of Rights and Freedoms
- The Constitution Act, 1867 (correct)
- The Supreme Court Act
What is a fundamental principle underpinning the concept of judicial independence?
What is a fundamental principle underpinning the concept of judicial independence?
- Majority rule
- Separation of church and state
- Direct democracy
- Separation of powers (correct)
The architectural argument regarding judicial independence focuses on which aspect?
The architectural argument regarding judicial independence focuses on which aspect?
What does the separation of powers doctrine require regarding the relationship between courts and other government branches?
What does the separation of powers doctrine require regarding the relationship between courts and other government branches?
What principle asserts that all public powers must be based in a legal rule?
What principle asserts that all public powers must be based in a legal rule?
Which of the following statements is true about CJ Lamer's method of constitutional interpretation?
Which of the following statements is true about CJ Lamer's method of constitutional interpretation?
Which of the following represents an unwritten principle of law in the context of judicial independence?
Which of the following represents an unwritten principle of law in the context of judicial independence?
What must be defined narrowly to allow governments to act freely within their authority?
What must be defined narrowly to allow governments to act freely within their authority?
What is the primary focus of a Federal Paramountcy analysis?
What is the primary focus of a Federal Paramountcy analysis?
What describes the scenario where one law supports a claim while another prohibits it?
What describes the scenario where one law supports a claim while another prohibits it?
What happens when there is an operational conflict between two laws?
What happens when there is an operational conflict between two laws?
Under what circumstances does Federal Paramountcy apply?
Under what circumstances does Federal Paramountcy apply?
What occurs when Federal Paramountcy applies?
What occurs when Federal Paramountcy applies?
Which doctrine restricts the constitutional authority of provincial legislatures?
Which doctrine restricts the constitutional authority of provincial legislatures?
What happens to a provincial law if the federal law it conflicts with is repealed?
What happens to a provincial law if the federal law it conflicts with is repealed?
What does the POGG clause allow Parliament to do?
What does the POGG clause allow Parliament to do?
Which statement accurately reflects the powers described in sections 91 and 92?
Which statement accurately reflects the powers described in sections 91 and 92?
What is a feature of Classic Federalism?
What is a feature of Classic Federalism?
What do sections 91 and 92 indicate about the interpretation of powers by the courts?
What do sections 91 and 92 indicate about the interpretation of powers by the courts?
Which of the following is a concurrent power granted by section 95?
Which of the following is a concurrent power granted by section 95?
What limitation exists on the exclusive powers of provincial legislatures as stated in section 92?
What limitation exists on the exclusive powers of provincial legislatures as stated in section 92?
In the context of Federalism, what does 'Modern Federalism' expect?
In the context of Federalism, what does 'Modern Federalism' expect?
What is a key characteristic of the subjects listed in section 92?
What is a key characteristic of the subjects listed in section 92?
What is one of the main branches of the Peace Order and Good Government (POGG) power?
What is one of the main branches of the Peace Order and Good Government (POGG) power?
What does section 91 of the Constitution Act 1867 authorize Parliament to do?
What does section 91 of the Constitution Act 1867 authorize Parliament to do?
Which case is noted for its significance regarding the emergency branch of POGG power?
Which case is noted for its significance regarding the emergency branch of POGG power?
What interpretation did Parliament adopt regarding the POGG power?
What interpretation did Parliament adopt regarding the POGG power?
Which branch of POGG power justifies actions deemed necessary for national concern?
Which branch of POGG power justifies actions deemed necessary for national concern?
What was the basis for constitutional challenges by public sector unions against the Anti-Inflation Act?
What was the basis for constitutional challenges by public sector unions against the Anti-Inflation Act?
According to the content, how did the courts view interprovincial activities?
According to the content, how did the courts view interprovincial activities?
What does section 92(13) of the Constitution Act 1867 primarily cover?
What does section 92(13) of the Constitution Act 1867 primarily cover?
What standard did the Supreme Court revert to in its approach to Interjurisdictional Immunity?
What standard did the Supreme Court revert to in its approach to Interjurisdictional Immunity?
What component of federal jurisdiction is a vital part of its primary jurisdiction over subjects like labour relations?
What component of federal jurisdiction is a vital part of its primary jurisdiction over subjects like labour relations?
Under what condition can provincial legislation be deemed inapplicable based on Interjurisdictional Immunity?
Under what condition can provincial legislation be deemed inapplicable based on Interjurisdictional Immunity?
What must a provincial law do for the doctrine of Interjurisdictional Immunity to apply?
What must a provincial law do for the doctrine of Interjurisdictional Immunity to apply?
What is the primary argument against a broad interpretation of Interjurisdictional Immunity?
What is the primary argument against a broad interpretation of Interjurisdictional Immunity?
What doctrine could Parliament utilize if it prefers not to rely on Interjurisdictional Immunity?
What doctrine could Parliament utilize if it prefers not to rely on Interjurisdictional Immunity?
What aspect of working conditions does Parliament hold exclusive jurisdiction over?
What aspect of working conditions does Parliament hold exclusive jurisdiction over?
In a case regarding a private airstrip, what legal principle did the court consider regarding provincial law?
In a case regarding a private airstrip, what legal principle did the court consider regarding provincial law?
What is a potential outcome if a provincial law conflicts with federal law?
What is a potential outcome if a provincial law conflicts with federal law?
What must be determined regarding a provincial law's effect on federal exclusive jurisdiction for Interjurisdictional Immunity to apply?
What must be determined regarding a provincial law's effect on federal exclusive jurisdiction for Interjurisdictional Immunity to apply?
What does the Pith and Substance doctrine evaluate?
What does the Pith and Substance doctrine evaluate?
What legal limitation constrains the application of Interjurisdictional Immunity?
What legal limitation constrains the application of Interjurisdictional Immunity?
What happens if compliance with both federal and provincial laws is impossible?
What happens if compliance with both federal and provincial laws is impossible?
What is the ultimate goal of Interjurisdictional Immunity?
What is the ultimate goal of Interjurisdictional Immunity?
Flashcards are hidden until you start studying
Study Notes
Judicial Independence
- Judicial independence is fundamental to Canada's constitutionalism.
- It ensures the separation of powers between the legislative, executive and judicial branches.
- It protects the judiciary from external influences, including the legislature.
- Textual sources of judicial independence include the Judicature provisions in Part VII of the Constitution Act, 1867, the Preamble of the Constitution Act, 1867, and section 11(d) of the Charter.
- Unwritten sources include the logic of federalism, the separation of powers, and the rule of law.
Federalism
- The distribution of legislative powers between the federal and provincial governments is outlined in sections 91 to 95 of the Constitution Act, 1867.
- Section 91 defines the legislative powers of Parliament.
- The Peace, Order, and Good Government (POGG) clause gives Parliament the power to make laws for the peace, order, and good government of Canada.
- Parliament has exclusive legislative authority over 30 specific subjects, including public debt and property, borrowing money on public credit, taxation, and the regulation of trade and commerce.
- Section 92 defines the legislative powers of the provinces.
- Provinces have exclusive legislative authority over 16 subjects, including administration of justice and economic matters within the province.
- The reality is that the powers of Parliament and the provinces often overlap.
- This has led to judicial interpretation of sections 91 and 92.
- Courts have generally interpreted provincial powers very broadly, going against the intention of the drafters.
Theories of Federalism
- Classic Federalism: clear division of powers between federal and provincial governments, exclusive authority over jurisdiction, and a role for courts as arbiters.
- Modern Federalism: acknowledges and expects overlap between federal and provincial governments, requires cooperation between the two levels, and emphasizes flexible approaches.
- Interjurisdictional Immunity
- A doctrine that restricts the application of provincial laws to matters falling within the exclusive jurisdiction of the federal government.
- The doctrine has been criticized for its broad interpretation.
- The Supreme Court has narrowed the doctrine's application, requiring that provincial laws must impair, not just affect, a vital and essential part of a federal undertaking for it to apply.
- Paramountcy
- A doctrine that addresses conflicts between valid federal and provincial legislation.
- Where such conflicts exist, federal law prevails.
- The doctrine only applies where there is both valid federal and provincial legislation.
Peace, Order, and Good Government (POGG)
- Parliament has a residual power to make laws for the peace, order, and good government of Canada.
- The POGG clause has three main branches:
- Emergency Branch: allows the federal government to act in situations of emergencies, such as a state of war.
- National Concern Branch: allows the federal government to regulate matters that are of national concern.
- Gap Branch: allows the federal government to fill in gaps in the distribution of legislative powers.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
