1. Unit #2: Rights & Freedoms
Lesson #1
Canadian Constitutional Law

2. Unit #2: Main Concepts By the end of this unit we will be able to:
Describe the historical development of human rights legislation in Canada;
Explain the development of Constitutional Law in Canada;
Explain the rights and responsibilities of individuals under the Canadian Charter of Rights & Freedoms;
Explain the roles of the legislature and the judiciary in defining, interpreting, and enforcing Charter rights in Canada;
Analyse the conflicts between minority and majority rights responsibilities in a democratic society, and examine the methods available to resolve these conflicts.

3. Learning Goals
We are learning to distinguish the law-making powers and authority of the federal, provincial and municipal governments
We will learn what Canada’s constitution is, and why it is necessary.

4. Success Criteria Identify the main sources of our constitution
Define the terms intra and ultra vires with respect to powers granted to each level of government.
Niqab ban for public servants would be considered: Stephen Harper
considered-stephen-harper html

5. Canadian Constitutional Law
Often said to be the most important law of any country
Provides the fundamental framework on which all other laws are based
Power Map (Highest Law of the Land)
Provides the framework for a nations form of government and its legal system
Sets the procedures for making laws and defines who will be involved in making them

6. To Be or Not To Be (Written)
Can be unwritten and instead be comprised of a number of statutes, customs and conventions.
Prior to 1982, Canada’s Constitution took this form
U.S.A’s Constitution is written
Britain’s Constitution is largely unwritten
Canada’s Constitution is both written and unwritten

7. To Be or Not To Be (Written)
Examples of Unwritten:
No mention of Prime Minister, Cabinet (ministires), and party system (all adopted from Britain) plus conventions of political conduct.
Examples of Written:
The Constitution Act 1982, The Charter

8. Sources of Canada’s Constitution
3 Main Sources of Canada’s Constitution:
The written Constitution
Canada’s Unwritten Constitution
Court Decisions

9. The Written Constitution
The Constitution Act, 1867 (originally called the British North America Act)
British legislation covering British Colonies drawn up by Canadian Fathers of Confederation
Ontario/Quebec/New Brunswick/Nova Scotia
Changes to the BNA Act had to be passed in British Parliament until the Act was patriated in 1982
Patriated means “brought home to Canada”
Renamed The Constitution Act, 1867

10. The Written Constitution
Renamed in 1982: Constitution Act, 1982
Amendments & additions to the Act in 1982
Canadian Charter of Rights & Freedoms / An Amending Formula
Fathers of Confederation adopted a Federal Structure of Government due to heavy French and British occupation
Power Divided:
Central Federal Government / Regional Provincial Government

11. The Unwritten Constitution
The Canadain Constitution: no mention of a Prime Minister or Cabinet
HOWEVER….
The Act contained a phrase that
“Canada would be united with a constitution similar in principle to that of the United Kingdom”
Party System / Cabinet / Parliamentary Democracy

12. Court Decisions
Used to resolve disputes over the meaning or the intent of certain sections, phrases, and even individual words in the Constitution.

13. Division of Powers
sections 91, 92, 93 of the act dictate the subject matter that federal and provincial governments may legislate
Section 91 Federal powers: criminal law, regulation of trade and commerce, armed forces and defence, currency and coinage, aboriginal peoples and land, immigration, marriage and divorce….PLUS RESIDUAL POWERS
Section 92 Provincial powers: hospitals, property and civil rights, marriage ceremonies, administration of justice
(see text page 106)

14. Legal Status of Municipalities
- Canadian cities & rural municipalities have no constitutional rights of their own
- The Const. Act, 1867 made municipalities the responsibility of provincial governments
- Provincial municipal acts give towns and cities authority to provide services and pay for them by levying property taxes & service charges
- They can pass by-laws (e.g. poop and scoop)
- In recent years large cities like Toronto have been pushing for more power and stronger ties to other cities & levels of government

15. Judicial Involvement
ultra vires: outside the power of the legislature and therefore will be ruled by the courts to have no effect
intra vires: constitutionally valid laws within the power of the legislature
causes many issues between governments when the distribution of power is unclear
Independent Study
1. Read textbook pp
2. Answer questions #2, 3 on page 105
3. For the Ward v. Canada on pp. 108 – 109, answer questions #1, 2