Canadian Constitutional Law

1. Canadian Constitutional Law

2. The Importance of a Constitution • Basic framework for a nation’s form of government and legal system • A nation’s rule book re: making, amending or revoking laws (which must reflect values) • Written or unwritten (Canada has both)

3. Sources: • 1. BNA Act/Constitution Act 1867 and Constitution Act 1982 • 2. Unwritten Set of Rules/Conventions ~ become obligatory due to tradition (Parliamentary system, common law) 3. Court Rulings that interpret Written Constitution ~ create precedents • 82

4. Canada’s Constitution Canada’s Written Constitution • July 1, 1867 • Canada becomes a new dominion • Federal and provincial powers were divided

5. Canada’s Constitution Canada’s unwritten Constitution • Prime Minister • Conventions adopted by UK (e.g Cabinet, parliamentary and party systems) Court Decisions • Courts resolve disputes over meaning or intent of law

6. Components of the Constitution

7. Parliamentary Democracy • election every 5 years • leader of the party with most votes becomes PM and appoints Cabinet • Opposing parties = OPPOSITION which exists to promote accountability of gov’t

8. Division of Powers Federal Provincial

9. Division of Powers • Section 91: Federal powers • Central matters • Defense, economy, criminal law, trade, property, • Section 92: Provincial powers • Matters of interest to the province • Education, health care, environment • Section 93: Education • The responsibility for Education across Canada to be available in both languages and to have Roman Catholic education publicly funded.

10. Question related to section 93: Education Should Canada publically fund all religious schools?

12. Legislative Supremacy • Fed. and Prov. gov’ts retain ultimate authority to make, amend, and abolish laws in Canada • Role of Judiciary is to ensure law is applied equally and fairly • Since 1982 Courts have been granted more power to declare laws invalid • s.33 notwithstanding clause

13. Amending Constitution • requires support of Parliament, Senate, 2/3 of provinces representing at least more than 50% of the population of all the provinces • s.38 of Constitution Act 1982 allows provinces to opt out of an amendment (would not apply to that province) • constantly changing due to judicial interpretation of Constitution

14. Timeline of Canada’s Constitution • July 1, 1867 • British North American Act defines the operation of the Government of Canada. • Serves as a base for the Canadian constitution. • A nation’s rule book re: legal matters • The Act created a

15. Statute of Westminster, 1931 • Canada made it’s own laws • British laws no longer applied to Canada • Canada was independent of Britain’s foreign policy. • WW2 - Canada declared war 6 days after the British and entered the war as an independent nation. • Patriation (Homecoming) of the Constitution, 1982 • Entrenchment of Canadian Charter of Rights and Freedoms • Included an amendment formula • Quebec did not sign, felt excluded from discussions • Country was now fully independent in all areas of law • Allowed for all future amendments to be made within country

16. The Meech Lake Accord, 1987 • Recognized Quebec as a ‘distinct society’ • 10 provinces agreed • Aboriginal voice not heard • Provinces started to rethink the idea of Ouebec as a distinct society • Accord Failed • The Charlottetown Accord, 1992 • Attempt to resolve disputes, satisfy Quebec • Altered divisions of power: fed/prov/courts • Altered status of Aboriginal groups • Apprehension to changes and Quebec distinction: Accord Failed • Quebec Referendum, 1995 • 50.56% voted NO to Quebec separating

17. For more Info… • Check out the agenda with Steve Paikin for a look back at the significance of the patriation of the Constitution: http://www.youtube.com/watch?v=n-PdDjhi_eA