Reading Please read chapter 3and Note the following concepts
Canada’s Constitution p.52British North American Act,1867 p.53A Federal System p.53Division of Powers p.54Patriating Constitutionp.57Problems with the BNA act p.57Constitution Act p.68Constitutional Conflict p.60
Reading Please read chapter 3and Note the following concepts
Government and Law MakingThe Executive Branch p.62The Legislative Branch 63The Judiciary 64Enacting a Statute 64The Role of Individuals and Interest
groups p.66
Definitions( Chapter 3)
Unitary system: a one-level system of governing Federal system: a two-level system of governing Residual powers: federal responsibility to make laws in legislating areas not
assigned to the provinces Intra vires: within the power of government to pass laws Ultra vires: beyond the power of government to pass laws Statute of Westminster: legislation passed in Britain that extended Canada’s
law-making powers Shared Cost agreement: arrangements between the two levels of government to
share the cost of the programs in areas not identified in the BNA act. Civil liberties: basic individual rights protected by law ,such as freedom of speech Patriate: to bring legislative power under the authority of the country to which it
applies.
Definitions( Chapter 3)
Federal Responsibilities
Banking
Bills of Exchange
Census and Statistics
Citizenship
Criminal Law
Currency and Coinage
Defence
Employment Insurance
Foreign Affairs
Indian Affairs
Marriage and Divorce
Navigation and Shipping
Old age pension
Patents and Copyrights
Penitentiaries
Postal Service
Public Debt
Residual Powers
Seacoast and inland fisheries
Taxation
Trade and Commerce
Definitions( Chapter 3)
Provincial Responsibilities
Compensation to injured workers
Direct taxation within the province
Education
Maintenance of hospitals
Labour and trade unions
Municipal institutions
Natural Resources
Property and Civil Rights
Provincial Courts and Laws
Solemnization of Marriage
Definitions( Chapter 3)
Principal of Equalization :Section 36 of the Constitution Act,1982,which provides for equal access to essential services for all Canadians
Amending Formula: prosecution for changing the Constitution Canadian Charter of rights and freedoms: a section of the Constitutional
Act,1982 ,which sets out constitutionally protected rights and freedoms Executive Branch: the administrative branch of government responsible for
carrying out government's plans and policies Legislative Branch: the branch of government that has the power to make,
change, and repeal laws. Judiciary: the branch of government responsible for presiding over Canada’s
Court system Government of public bill: legislation proposed by a Cabinet minister Private Member’s bill: legislation proposed by an MP who is not in the Cabinet Lobby Groups: people who try to influence legislators in favour of their cause. Bill: proposed legislature
SO, REVIEW THE FOLLOWING VOCABULARY
Amending formula Bill Canadian Charter of Rights and Freedoms Civil liberties Executive ,legislative, judiciary Federal system Government or public bill Intra vires/ ultra vires Lobby groups Patriate Principal of equalization Private member’s bill Residual powers Shared cost agreement Statute of Westminster Unitary System
Unit 4 Major Concepts
Recognizing Rights and Freedoms p.77 Historical Documents p.77 Evolution of Rights in Canada p.78 Canadian Bill of Rights p.79 Entrenching Rights and Freedoms p.80 Jurisdiction, Enforcement, and and Guarantee 83-84 The Fundamental Freedoms 86 Freedom of Conscience and Religion 86 Freedom of Thought and Expression 87 Freedom of Assembly and Association 88 Democratic and Mobility Rights 90 Democratic Rights 91 Mobility Rights 92 Legal and Equality Rights 99 Language and General Rights 100 Language Rights 100 Aboriginal Rights 101 Multicultural Rights 102 Charting the Record 103
Reading Please read chapter 4 and Note the following concepts: Rights and Freedoms
A A rightright is a legal, moral or social entitlement that citizens can is a legal, moral or social entitlement that citizens can expect, mainly from the government. (right to a fair trial)expect, mainly from the government. (right to a fair trial)
FreedomFreedom, although limited, means the right to conduct one’s , although limited, means the right to conduct one’s affairs without government interference. (limited by the need for affairs without government interference. (limited by the need for public safety and the protection of other people’s rights)public safety and the protection of other people’s rights)
Inalienable RightsInalienable Rights are guaranteed entitlements that cannot be are guaranteed entitlements that cannot be transferred from one person to another, and cannot be taken transferred from one person to another, and cannot be taken away without due process of law. (equality, liberty)away without due process of law. (equality, liberty)
FranchiseFranchise, the right to vote (especially for women), is an , the right to vote (especially for women), is an important inalienable right.important inalienable right.
Bill of Rights
Passed in parliament in 1960, it recognized…Passed in parliament in 1960, it recognized… 1. The rights of individuals to life, liberty, personal 1. The rights of individuals to life, liberty, personal
security and enjoyment of property.security and enjoyment of property. 2. Freedom of religion, speech, assembly and 2. Freedom of religion, speech, assembly and
association.association. 3. Freedom of the press.3. Freedom of the press. 4. The right to counsel and the right to a fair hearing.4. The right to counsel and the right to a fair hearing. As a Federal statue it only applied to federal matters, As a Federal statue it only applied to federal matters,
as a statute it was the same as any other, leaving it as a statute it was the same as any other, leaving it open to interpretation and finally, as a statute it could open to interpretation and finally, as a statute it could be amended by the House of Commons.be amended by the House of Commons.
Canadian Charter of Rights and Freedoms
To solve the problems with our bill of rights it had to be To solve the problems with our bill of rights it had to be entrenchedentrenched, that is, to protect and guarantee a right or freedom , that is, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the by ensuring that it can only be changed by an amendment to the constitution.constitution.
The Charter became part of our constitution in 1981, which The Charter became part of our constitution in 1981, which means they override all other laws.means they override all other laws.
The The notwithstanding clausenotwithstanding clause, s.33 of the Charter, allows federal , s.33 of the Charter, allows federal and provincial governments to pass legislation that is exempt and provincial governments to pass legislation that is exempt from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal and equality rights) Quebec’s Bill 101. When a government and equality rights) Quebec’s Bill 101. When a government decides to invoke the notwithstanding clause to pass legislation decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the charter, it must that violates one of the protected rights in the charter, it must identify the particular law and the sections of the charter that are identify the particular law and the sections of the charter that are being overriddenbeing overridden..
Fundamental Freedoms
Freedom of Conscience and religionFreedom of Conscience and religion
Freedom of thought and expressionFreedom of thought and expression
Freedom of peaceful assembly and Freedom of peaceful assembly and associationassociation
And some other rights….
Democratic RightsDemocratic RightsMobility RightsMobility RightsLegal rights which include…..Legal rights which include…..- life, liberty and security of the personlife, liberty and security of the person- Unreasonable search and seizureUnreasonable search and seizure- Arbitrary detention or imprisonmentArbitrary detention or imprisonment- Cruel and unusual punishmentCruel and unusual punishment
Right is a legal, moral or social claim that people are entitled to, primarily from their government.( a person accused of committing an offense is entitled to a fair trial)
Freedom is a right to conduct one’s affairs withoutgovernmental interference( one has the right to seek employment in any part of Canada.) Civil rights: the rights of citizens (e.g. to political and socialfreedom and equality), which limit the power a governmenthas over its citizens Human rights: rights that protect one from discrimination byother individuals and in certain areas of one’s life Natural rights: rights thought to be inherent, such as theright of all people to life, liberty, and security; rights that areindependent of rulers, society and governments Inalienable rights: guaranteed entitlements that cannot betransferred from one person to another Franchise: the right to vote Entrench: to protect and guarantee a right or freedom byensuring that it can only be changed by an amendment to theConstitution
Jurisdiction, Enforcement,Guarantee
Applies to the relationship between people and their governments( provincial and federal)
The Supreme Court of Canada is interpreting and enforcing laws
Identifies and guarantees rights and freedoms within reasonable limits-
The Fundamental Freedoms Definitions
Dissemination-spreading ideas widely Extradition-surrendering an accused person to another jurisdiction to stand trial Capital offence- a crime punishable by death in some jurisdiction Ameliorate- to improve Abrogate-to abolish or annul Derogate-to take away or detract Override: to prevail over Invoke : to put into effect Notwithstanding Clause : s.33 of the Canadian Charter of Rights and Freedoms
which allows federal and provincial governments to pass legislation that is exempt from s.2 and ss.7 to 15 of the Charter
Interveners: third-party participants in a legal proceeding: also called “friends of court”
SO, REVIEW THE FOLLOWING VOCABULARY
Abrogate Ameliorate Capital offence Derogate Dissemination Entrench Extradition Franchise Freedom Inalienable rights Interveners Invoke Notwithstanding clause Override Right