THE CANADIAN CONSTITUTION An Outline

#1: The Canadian Constitution, 1867 The Fathers of Confederation

Three Essential Components The Constitution Act, 1867 outlines: who has the authority to make laws; how the authority is divided among levels of government (federal vs. provincial); how government power is limited to protect individual rights.

#1: The Constitution Act, 1982 Prime Minister Pierre Elliott Trudeau and Her Majesty Queen Elizabeth II April 17, 1982 - Ottawa

#2: What’s the difference? The Constitution Act, 1867 was physically in England but The Constitution Act, 1982 remains permanently in Canada. There was no agreed-upon way to change The Constitution Act, 1867 but an amending formula was put into The Constitution Act, 1982. There was no human rights component to The Constitution Act, 1867 but The Canadian Charter of Rights and Freedoms was added to The Constitution Act, 1982.

#3: Federal & Provincial Responsibilities The Constitution Act, 1867 sets out the various responsibilities of different levels of government FEDERAL PROVINCIAL POWERS/RESPONSIBILITIES national defence printing money post office (un)employment insurance POWERS/RESPONSIBILITIES education health care natural resources property

The Judiciary & The Constitution interprets and applies the law and the Constitution must be non-partisan in all cases provides a balance of power that is protected by law

The Role of the Courts & Government Responsibility It’s intra-vires! (You’re following the rules!) The Role of the Courts & Government Responsibility It’s ultra-vires! (You’re breaking the rules!)

#4: Limitations on Rights Section 1: The Reasonable Limits Clause CONSTITUTION ACT, 1982  PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS  Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms Rights and freedoms in Canada 1. 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. #4: Limitations on Rights Section 1: The Reasonable Limits Clause

#4: Limitations on Rights Section 33: The Notwithstanding Clause Section 33 allows parliament or provincial legislatures to override certain sections of the Charter: Section 2: Fundamental Freedoms (expression; religion; thought; belief; peaceful assembly; association) Section 7 - 14: Legal Rights (life, liberty, & security of the person; search or seizure; detention or imprisonment; arrest or detention; proceedings in criminal or penal matters; treatment or punishment; self-crimination; interpreter) Section 15: Equality Rights (equality before and under law and equal protection and benefit of the law; affirmative action programs) #4: Limitations on Rights Section 33: The Notwithstanding Clause

#5: In your opinion… …why has the use of the notwithstanding clause been unpopular in Canada?

#1: When was the Canadian Charter of Rights and Freedoms made law in Canada?

In 1982, as part of the Constitution Act, 1982. #1: When was the Canadian Charter of Rights and Freedoms made law in Canada? In 1982, as part of the Constitution Act, 1982.

#2: Which section of the Charter guarantees the right of Canadians to gather with others in peaceful protest?

#2: Which section of the Charter guarantees the right of Canadians to gather with others in peaceful protest? Section 2. This falls under freedom of association and peaceful assembly.

#3: The Purpose of the Charter

#3: The Purpose of the Charter INDIVIDUAL’S PROTECTION FROM THE GOVERNMENT PEOPLE IN CANADA THE CANADIAN GOVERNMENT #3: The Purpose of the Charter

#4: What’s the difference? THE BILL OF RIGHTS THE CHARTER Can be changed by an act of parliament Can only be changed using the amending formula in the Constitution Act, 1982

#5: What is the main difference between an ‘individual’ and a ‘citizen’? Any individual is anyone who is in Canada, where a citizen has Canadian nationality.

#6: analogous grounds sexual orientation marital status off-reserve First Nations status citizenship

#7: discrimination based on age Section 1 Why?