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What are the four major challenges associated with federalism?
1. Conflict over jurisdiction
2. Gaps between jurisdictional authority and fiscal capacity
3. Establishing institutions for intergovernmental relations
4. Maintaining a balance between unity and diversity
What are the four constitutional principles in which Canada is governed?
1. Parliamentary democracy
3. a Bill of Rights
4. Aboriginal rights and governance
How many seats in the Senate and how are they divided?
24 - West
24 - Ontario
24 - Quebec
24 - Maritimes
6 - Newfoundland and Labrador
3 - Territories
What are 4 institutions that require the use of the unanimity amending procedure? (Federal government and all 10 provinces)
1. Abolishing the Crown
2. Supreme Court
4. Changing the amending procedure itself
What are the two parts of the Oaks test?
1. Does the law in question address a pressing and substantial problem?
2. If so, are the means employed by the law proportional to the laws objective?
What are the three criteria of proportionality in the Oakes test?
1. The measures must be rationally connected to the objective
2. The means should impair as little as possible the rights or freedoms in question
3. The good effects of the law must outweigh the negative effects
How many justices are in the Supreme Court of Canada and how are they divided up?
3 from Quebec (at least)
3 from Ontario
2 from the West
1 from Atlantic Canada
Spell out the limitation clause
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
Name the 12 important parts of the Constitution Act 1982
(Sections 2 - 34 is the charter)
Section 1: limitation clause
Section 2: fundamental freedoms
Section 3 - 5: Democratic rights
Section 6: mobility rights
Section 7 - 14: legal rights
Section 15: Equality rights
Section 16 - 22: oficial languages
Section 23: minority language rights
Section 33: notwithstanding clause
Section 35: Aboriginal rights
Section 36: Equalization
Section 38 - 49: Amending formulas
What are the sections concerning division of power?
Constitution Act 1867
91 - Federal powers
92 - Provincial powers
What are the differences in taxation powers between the federal and provincial governments?
The federal government may raise money by any mode or system of taxation while the provinces are limited to the raising of direct taxation (taxes that cannot be passed on to someone else)
What years did the to Quebec referendums take place?
1980 and 1995
What are the three principles of responsible government?
1. Government must maintain the confidence of the house
2. Ministers must take responsibility for their departments
3. The members of cabinet must agree with the decisions made or quit
What other thing did the Calder case decide?
That Aboriginal people do have a special relationship with the crown based on the Royal Proclamation 1763 which says that all lands not sold or given are reserved for First Nations
What are the two parts of the sparrow test?
1. Aboriginal rights can be limited if there is a valid legislative purpose
2. There must be meaningful consultation with the affected Aboriginal people in order to maintain the honor of the crown
What are the four Canadian principles the Supreme Court sound in the Secession reference case?
3. Rule of law
4. Respect for minorities
What did the Secession reference case decide?
That it would be legal for a province to separate if it was a majority vote and it was a clear question
What is the clarity act?
A law initiated by Stephane Dion which states that secession could be legal if people voted on a clear question with a clear majority
What are the 5 controls on the government?
1. The Constitution
2. The Charter of Rights and Freedoms
3. Officers of Parliament like the Auditor General
4. The opposition
5. We the People
What were Pierre Trudeau those 4 goals?
1. Patriot the Constitution
2. To create a Charter of Rights and Freedoms
3. To have an officially bilingual country
4. Quebec would get no special status
What is the Republican critique?
A call for a more democratic and transparent appointments process 4 Supreme Court justices.
What is the federal critique?
Since Supreme Court justices are appointed by the federal government, there is a apparent bias. It has been suggested that the federal government appoints justices who are selected by the provinces.
What were the five minimum demands of Quebec at the Meech Lake and Charlottetown Accords?
1. Constitutional recognition of Quebec as a distinct society
2. veto over future constitutional amendments
3. A role in selecting justices to the Supreme Court of Canada
4. Limits on the federal spending power
5. A rule in the area of immigration so they could attract French speaking immigrants)
What was the Victoria agreement?
The first agreement to Patriot the Constitution agreed upon by all premiers but fell through when Robert barrasa withdrew his support because he discovered that there was no special status for Quebec.
What was the reference case on patriation?
A case brought to the Supreme Court to find out whether it was legal to patriate the Constitution unilaterally. It basically said that Trudeau had a legal right to patriate the Constitution but politically he should negotiate with the provinces.