1. Canadian Constitutional Law

2. The Importance of a Constitution
Basic framework for a nation’s form of government and legal system
A nation’s rule book re: making, amending or revoking laws (which must reflect values)
Written or unwritten (Canada has both)

3. Sources: 1. BNA Act/Constitution Act 1867 and Constitution Act 1982
2. Unwritten Set of Rules/Conventions
~ become obligatory due to
tradition (Parliamentary system, common law)
3. Court Rulings that interpret Written
Constitution ~ create precedents 82

4. Canada’s Constitution
Canada’s Written Constitution
July 1, 1867
Canada becomes a new dominion
Federal and provincial powers were divided

5. Canada’s Constitution
Canada’s unwritten Constitution
Prime Minister
Conventions adopted by UK (e.g Cabinet, parliamentary and party systems)
Court Decisions
Courts resolve disputes over meaning or intent of law

6. Components of the Constitution
1. Jurisdictional
Powers 2.
Parliamentary
Democracy 3.
Three Branches of Gov’t 4.
Legislative Supremacy 5.
Constitutional Amendments

7. Parliamentary Democracy
election every 5 years
leader of the party with most votes becomes PM and appoints Cabinet
Opposing parties = OPPOSITION which exists to promote accountability of gov’t

8. Division of Powers
Federal
Provincial

9. Division of Powers Section 91: Federal powers Central matters
Defense, economy, criminal law, trade, property,
Section 92: Provincial powers
Matters of interest to the province
Education, health care, environment
Section 93: Education
The responsibility for Education across Canada to be available in both languages and to have Roman Catholic education publicly funded.

10. Question related to section 93: Education
Should Canada publically fund all religious schools?

12. Legislative Supremacy
Fed. and Prov. gov’ts retain ultimate authority to make, amend, and abolish laws in Canada
Role of Judiciary is to ensure law is applied equally and fairly
Since 1982 Courts have been granted more power to declare laws invalid
s.33 notwithstanding clause

13. Amending Constitution
requires support of Parliament, Senate, 2/3 of provinces representing at least more than 50% of the population of all the provinces
s.38 of Constitution Act 1982 allows provinces to opt out of an amendment (would not apply to that province)
constantly changing due to judicial interpretation of Constitution

14. Timeline of Canada’s Constitution
July 1, 1867
British North American Act defines the operation of the Government of Canada.
Serves as a base for the Canadian constitution.
A nation’s rule book re: legal matters
The Act created a

15. Statute of Westminster, 1931
Canada made it’s own laws
British laws no longer applied to Canada
Canada was independent of Britain’s foreign policy.
WW2 - Canada declared war 6 days after the British and entered the war as an independent nation.
Patriation (Homecoming) of the Constitution, 1982
Entrenchment of Canadian Charter of Rights and Freedoms
Included an amendment formula
Quebec did not sign, felt excluded from discussions
Country was now fully independent in all areas of law
Allowed for all future amendments to be made within country

16. The Meech Lake Accord, 1987
Recognized Quebec as a ‘distinct society’
10 provinces agreed
Aboriginal voice not heard
Provinces started to rethink the idea of Ouebec as a distinct society
Accord Failed
The Charlottetown Accord, 1992
Attempt to resolve disputes, satisfy Quebec
Altered divisions of power: fed/prov/courts
Altered status of Aboriginal groups
Apprehension to changes and Quebec distinction: Accord Failed
Quebec Referendum, 1995
50.56% voted NO to Quebec separating

17. For more Info…
Check out the agenda with Steve Paikin for a look back at the significance of the patriation of the Constitution: