Transcript Rights and Freedoms - Halton Catholic District School Board

Rights and Freedoms
Unit 2
What’s Ahead
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Chapter
Chapter
Chapter
Chapter
4
5
6
7
Canada’s Constitutional Law
The Charter and the courts
Human Rights in Canada
Majority and Minority Rights
Chapter Four
Canada’s Constitutional Law
Big Ideas:
 Explain the role of the constitution
 Explain how constitutional law
developed
 Distinguish law makers powers
 Explain the role of courts
 Understand key events in constitutional
history
The Importance of the
Constitution
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Provides the the basic framework for
the nation’s form of government
Allocates power to the provinces
Sets out the procedures for making
laws, and amending them
Reflection of society
Written and unwritten
3 Sources of Canada’s
Constitution
1. Constitution Act, 1867 ( BNA act) &
Constitution Act, 1982
2. Unwritten Constitution
3. Court rulings that interpret the written
constitution (precedents)
British North America Act,1867
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Written by fathers of
confederation
Changes had to be
passed by British
parliament
Patriated in 1982,
renamed
Constitution Act,
1982
Constitution Act, 1982
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Included Canadian
Charter of Rights
and Freedoms, and
an amending
formula
Canada’s Unwritten
Constitution
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The original document (BNA Act) made
no mention of Prime Minister, however
it did contain the line “a constitution
similar in principle to that of the United
Kingdom”
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Many of Britain's systems were adopted
here, and became part of our
government
Conventions
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Conventions are unwritten rules of political
conduct, over time they become binding. And
develop into important principles
An example is the idea that a Cabinet member
must resign if he or she does not agree with a
decision reached by cabinet, referred to as
“Cabinet solidarity”
Example of Joe Comuzzi
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A Minister of State in
the Martin Liberal
government,
resigned his post on
the grounds that he
did not support the
government
legislation legalizing
same-sex marriage.
Court Decisions (Common Law)
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The third source of Canadian
constitutional law
Settle disputes over the meaning or
intent of certain sections, phrases, and
even individual words
Government must abide by decisions
Components of Constitution
The Division of Powers
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The Provincial level was given
jurisdiction over regional and local
concerns, such as Education and
Healthcare. Municipalities were not
given powers under the constitution;
the provinces created municipalities as
an extension of their jurisdictions.
Federal Jurisdiction
Section 91
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Banking
Bankruptcy
Census and statistics
Citizenship
Court procedures
Criminal law
Currency
Defence
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Employment ins.
Foreign affairs
Immigration
Indian Affairs
Marriage and Divorce
Penitentiaries
Taxation
Trade and commerce
Patents and copyrights
Provincial Jurisdiction
Section 92
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Direct taxation
Labour unions
Hospitals/Health
care
Organization of
municipal
governments
Natural Resources
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Property law
Justice
Education
Intra Vires and Ultra Vires
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What happens if there is a disagreement over
an area that is claimed by two levels of
government?
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Court decides
If an action by a legislature (provincial or federal)
is within its jurisdiction that legislature has acted
intra vires its authority
An action by a legislature (provincial or federal)
that is outside its jurisdiction that legislature has
acted ultra vires its authority
Pith and Substance Doctrine
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Court uses the pith and substance
doctrine to determine whether or not the
action is legal in areas where both levels
of government have claimed authority
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Determines what was the overriding purpose
of the law
Read page 146 “Pith and Substance”
Structure of Government
Queen
Governor General
Legislative Power
House Of Commons
Senate
Executive Power
Judicial Power
Supreme Court
Prime Minister
Legislative Branch
Cabinet
THE
GOVERNMENT
OF CANADA
Courts Of Appeal
Executive Branch
Federal Court
Of Appeal
Judicial Branch
Provincial Court
Of Appeal
Parliament
The Role of the Courts
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The role of the courts is to interpret the constitution
and to solve disputes between the levels of
government.
Judgments made in lower courts such as the
Provincial Courts or the Federal Court can be
appealed to the Appeals Courts, Supreme or Superior
Courts, and ultimately to the Supreme Court of
Canada.
Judgments made at the Supreme Court of Canada
cannot be overturned, and become “Legal Precedent”
and therefore part of Case Law.
Supreme Court Of Canada
Court of Appeal
(Province A)
t of Appeal
Supreme Court
(Trial Court)
Court of Appeal
(Province B)
Court Martial
Appeal Court
Federal
Court of Appeal
Court of
Queen’s Bench
(Trial Court)
Military Courts
(Various Types)
Federal Court
(Trial Court)
Tax Court
Supreme Court of Canada
courts of appeal
Provincial
Court
(Province A)
Provincial
Court
(Province B)
superior courts
provincial courts
Judicial Committee of the
Privy Council
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Located in London England, this body was
part of the British Court system and not a
Canadian court.
The JCPC was the highest court of appeal for
Constitutional matters until 1949, when The
Supreme Court of Canada assumed this role.
The JCPC overturned a Supreme Court of
Canada decision in 1929 with the famous
“persons case”, allowing women to be
appointed to the Senate.
The 1929 Person's Case
October 18,five Alberta women won
their fight to have women declared
“persons” under the law. The battle
stemmed from an 1867 common law
ruling that "Women are persons in
matters of pains and penalties, but are
not persons in matters of rights and
privileges."
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With her sights set on a Senate seat,
Emily Murphy joined forces with four
other like-minded women, Irene Parlby,
Nellie McClung, Louise McKinney and
Henrietta Muir Edwards, to appeal to
the Supreme Court of Canada for
clarification of the definition of the word
‘person’ as it appeared in the British
North America Act.
Task:
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Read Chapter 5 (pages 135-166)
Constitutional History (pg 136-142)... Research and
identify key points and overall significance of the
following:
 Royal Proclamation
 Quebec Act
 Act of Union
 Constitution Act, 1867
 Statute of Westminster
 Constitution Act, 1982