THE CANADIAN CONSTITUTION An Outline The Canadian Constitution

THE CANADIAN CONSTITUTION An Outline

The Canadian Constitution, 1867 The Fathers of Confederation

The Constitution Act, 1867 outlines: 1. who has the authority to make laws; Three Essential Components 2. how the authority is divided among levels of government (federal vs. provincial); 3. how government power is limited to protect individual rights.

FEDERAL Federal & Provincial Responsibilities PROVINCIAL POWERS/RESPONSIBILITIES national defence printing money post office (un)employment insurance education health care natural resources property

It’s intra-vires! (You’re following the rules!) The Role of the Courts & Government Responsibility It’s ultra-vires! (You’re breaking the rules!)

ü interprets and applies the law and the Constitution The Judiciary & The Constitution ü must be non-partisan in all cases ü provides a balance of power that is protected by law

The Repatriation of the Constitution Prime Minister Pierre Elliott Trudeau and Her Majesty Queen Elizabeth II April 17, 1982 - Ottawa

NEW & IMPROVED: The Constitution Act, 1982 § an amending formula (which allows the Canadian government to change the Constitution without Britain’s approval) § A written protection of people’s rights in Canada (called The Canadian Charter of Rights & Freedoms)

The Purpose of the Charter

CONSTITUTION ACT, 1982 Limitations on Rights Section 1: The Reasonable Limits Clause PART I CANADIAN CHARTER OF RIGHTS AND FREEDOMS Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: GUARANTEE OF RIGHTS AND FREEDOMS Rights and freedoms in Canada 1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

Limitations on Rights Section 33: The Notwithstanding Clause Section 33 allows parliament or provincial legislatures to override certain sections of the Charter Section 2: Fundamental Freedoms (expression; religion; thought; belief; peaceful assembly; association) Section 7 - 14: Legal Rights (life, liberty, & security of the person; search or seizure; detention or imprisonment; arrest or detention; proceedings in criminal or penal matters; treatment or punishment; selfcrimination; interpreter) Section 15: Equality Rights (equality before and under law and equal protection and benefit of the law; affirmative action programs)