Constitutional Legal Jargon
The name of the form of government that has the principal of territorial representation. This is done by granting regional government the exclusive right to pass law on particular subjects?
What is Federalism?
The enumerated powers of both the federal and provincial government are found in these 2 clauses (sections).
what is section 91 and section 92?
Two levels of government
what is Federal (apart of this it Territorial) and Provincial?
A written source of Constitutional law enacted in 1982
what is The Canada Act, 1982 (also known as our Constitution with The Charter)?
the SCC struck down a statute attempting to bar recovery of tax that had levied pursuant an unconstitutional statute
what is Amax Postash Ltd. v Saskatchewan (1977)
Falling outside of the power of the legislature to enact
What is Ultra Vires?
The power to create extra courts
what is section 101?
The PM requires this from the House of Commons in order to maintain power
What is confidence?
1 of the 4 provinces the was apart of the Dominion of Canada, 1867
what is New Brunswick/ Nova Scotia/Quebec/Ontario?
A Quebec Statute outlawing propagation of communism was held invalid; not because of freedom of speech, but because it attempted to enact a criminal law, which is a Federal jurisdiction.
what is Swizman v Elbing (1957)?
This is the name of the doctrine that says in cases of conflict between jurisdictions, federal laws will supersede.
What is the doctrine of paramountcy?
The independence of the judiciary
what is section 96-100?
Granted the power to maintain provincial courts dealing with matter of their jurisdiction
What is the province?
The part of Canada where the British and Protestant majority lived
What is Upper Canada?
A federal statute prohibiting hoarding was held invalid; not because it interfered with liberty; but rather regulated the use of property, which was the jurisdiction of the provinces.
what is Re Board of Commerce Act (1922)?
Often referred to a "unwritten" sources, these constitutional principles are rules of the Constitution; however, they are not enforced by the courts because they are not laws.
what are Convention?
Max of five years for a Parliament?
what is section 50?
The Act gives the Parliament power to establish a general court of appeal and additional courts for the administration of Canada
What is Federal?
through the terms used in the forced Act of Union, it contained measures to ban this language from being used in the Legislative Assembly
what is French?
Judges to be appointed from the Bar of their Province
what is the Hudon Affair?
Parliament can make or unmake any laws; however still acknowledge formal and practical limits on those powers under the rule of law
what is Parliamentary supremacy/sovereignty?
One parliament with upper and lower house
what is section 17?
It is often described as a residuary clause. This means it covers subject matters that have developed since Confederation in 1867 and grants the federal government power to enact laws not already assigned to Provinces
What is Peace, Order, and Good Governance (POGG)?
this Act introduced English Common Law and statutes to Canada
what is the Royal Proclamation of 1763?
this case asked the question of sWill Métis and Non-Status be considered as “Indians” per section 91 (24) of C of 1867?
what is Daniels v Canada?