Unit 2 Rights Freedoms Lesson 1 Canadian Constitutional

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

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.

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.

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 • https: //ca. news. yahoo. com/niqab-ban-public-servantsconsidered-stephen-harper-215808560. html

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

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

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

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

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” https: //www. youtube. com/watch? v=Y 5 g 8 f. UOg. Xx. A • Renamed The Constitution Act, 1867

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

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

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

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)

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

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. 102 - 112 • 2. Answer questions #2, 3 on page 105 • 3. For the Ward v. Canada on pp. 108 – 109, answer questions #1, 2