CLN4U Unit 2 Constitutional Law

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CLN4U Unit 2 Constitutional Law Rights and Freedoms CLN4U Unit 2 Constitutional Law

Canada’s Constitutional Law The constitution is the framework around all other laws are based The key point: outlines the powers of each level of government (ultra vires and intra vires) 1867- MacDonald had it written that anything not included in the Constitution would be given federal mandate Can be written or unwritten

Three Sources 1. Written Constitution Constitution Act 1867 (BNA Act) Basic structure of the government Amending formula (we will learn this) to change the constitution Includes the Charter of Rights and Freedoms (1982)- entrenched

Three Sources 2. Unwritten Constitutional Measures Conventions that explain the rules of political conduct Follow the United Kingdom’s structure (as it says...seriously) Ex. A Cabinet minister will resign if he/she disagrees with the PM and the rest of the cabinet (Cabinet solidarity) Ex. The constitution outlines that we will have a structure similar to Britain’s- no mention of Prime Ministers

Three Sources 3. Court Decisions Courts are called upon to resolve disputes about the meaning or intent of the constitution- embedded realism It is a living document Government must comply with the court and change laws or make new laws

Division of Powers 106- 107- Division of Powers Complete Ward vs. Canada (pp 108- 109)

Education Section 93 of the Constitution 1867- the founders had interest in education…why? Localism and regionalism Education rights of the religious majorities at the time of the law being written (CLS?) You can still send your child to a private school but you must pay taxes to the public system United Nations determined that the SCC ruling of the legal exclusion of discriminatory funding was a violation of the Covenant on Civil and Political rights

Should there be public funding for Faith Based Schools?

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