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Constitutional

Principles/Statutes

QuestionAnswer
Meech Lake and Charlottetown Accord? 1987 and 1992. Proposed amendments to 1982 Constitution Act.
Legislative sources of Constitutional Law? British Statutes: Statutes of Westminster, 1931 Canadian Constitutional Documents: Constitution Acts, 1867 and 1982; and Charter of Rights and Freedoms, 1982 Ordinary Canadian Statutes: SC Act
Common Law Sources of Constitutional Law? Interpretation Aboriginal rights Parliamentary privilege Prerogatives
What preserved civil law? Preserved as the law of Quebec by Quebec Act , 1774
Indigenous Law Sources of Constitutional Law? Treaties (used to define content of Aboriginal Rights)
International Sources of Constitutional Law? International agreements/treaties Interpretation of Canadian domestic law
What about Customary Practice is a source of Con. Law? Political conventions of Parliamentary democracy
What are the 4 unwritten constitutional principles? (laid out in Re: Quebec Succession) 1) Federalism 2) Democracy 3) Constitutionalism and the Rule of Law 4) Protection of Minorities
What was the Royal Proclamation of 1763? - Source of Constitutional Law - Acknowledgement of Nation to Nation relationship w/ Indigenous ppls. (debatable sovereignty) - Read @ meeting of Niagara by Sir William Johnson where two-row wampum belt also exchanged
What legislation gives the gov't the power to refer questions to the court? - SCC Act s. 53 (1)
What modes of Constitutional argument did Robin Elliot give us? Historical (eg. women excluded by CL) Textual (surrounding provisions - scheme - he/persons) Structural Prudential Doctrinal (progressive interpretation; Living tree) Ethical (broader social movement; women are HUMANS!)
Senate? - Upper house of the Canadian Parliament - Intended to protect regional interests - Problems with democratic legitimacy
Four continuums of judicial interpretation? Centralizing - Decentralizing Living tree - Intention of drafters Watertight Compartments - Jurisdictional overlap Activist - Deferential
Pith and Substance? - "What's the matter?' 1) Purpose 2) Effect - Allows for overlap
Assigning the "matter" to head of power? 1) Was the law validly enacted under that head of power? Yes? = aces, No? = 2) 2) Is it valid under the Ancillary Powers or Double Aspect Doctrines?
Is it a Criminal law? How do you know? 1) Does it have a prohibition + a penalty? 2) Does it have public purpose (Morality, security, health, order, exc. )
Created by: LawStudent2018
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