Division of Powers
This section of this Act sets out the powers of Canada under the Constitution
What is section 91 of the Constitution Act, 1867
This constitutional document, passed in 1930, expanded Treaty rights to hunt for food to the entire Province of Alberta and is relied upon as proof that commercial rights have been extinguished by the Province of Alberta
What is paragraph 12 of the Natural Resources Transfer Agreement (Constitution Act, 1930)
What day in April did the Charter come into force?
What is April 17.
This paragraph of the Charter provides that everyone has freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.
What is s. 2(b)?
This case is the seminal case for determining whether an infringement under the Charter can be justified under s. 1
What is R. v. Oakes?
This section of this Act sets out the powers of the Provincial Legislatures under the Constitution
What is section 92 of the Constitution Act, 1867
This SCC case set out the test for Metis people's rights under the Constitution.
What is R. v. Powley
What had David Oakes (of the "Oakes test" fame) bought with his WCB cheque that resulted in his name being forever memorialized in s. 1 Charter law?
What is hashish?
This is usually said to be at the core of the need to protect freedom of expression under s. 2(b) of the Charter.
What is political speech?
In the Reference re Secession of Quebec decision, the SCC articulated four "unwritten" constitutional principles. Name one of the four.
What is democracy, constitutionalism and the rule of law, respect for minorities, and federalism
This section of the Constitution Act, 1867 gives jurisdiction to Canada to legislate concerning Indians, and Lands reserved for Indians
What is section 91(24)?
This UN document/statement is often cited by Indigenous peoples in support of their rights or asserted rights
United Nations Declaration on the Rights of Indigenous Peoples
First s. 8 case to reach SCC that involved a search warrant being served on the Edmonton Journal offices in Edmonton
What is Hunter v. Southam (1984) 2 SCR 1984 145
In this seminal SCC case, three reasons were provided for protecting freedom of expression: 1. seeking and attaining the truth is inherently good. 2. participation in social and political decision-making is to be fostered 3. the diversity in forms of individual self-fulfillment and human flourishing ought to be cultivated
What is the Irwin Toy case?
The latest appointment to the Supreme Court of Canada and the current Chief Justice of the Supreme Court of Canada
Who are Moreau J and Wagner CJC
This legal test is used by courts to determine the true subject matter of a law, to assess whether the Province or Canada has intruded into federal/provincial powers under the Constitution.
What is the "pith and substance" test?
This old and kingly proclamation gave impetus to the treaty process.
What is the Royal Proclamation of 1763
In 1976, Canada enacted this Act to address discrimination and appointed a Commission to oversee its operation.
What is the Canadian Human Rights Act?
This type of expression is prohibited under the Criminal Code
Inciting hatred against an identifiable group (aka hate speech), Criminal Code, s. 319
These transcripts of government debates are often looked at as evidence of the purpose of legislation.
What is Hansard?
This doctrine recognizes that some laws have both a federal and provincial aspect and would be competent to both Canada and to the provinces
What is the "double aspect doctrine"
The only province in Canada where some Metis people have a land base
What is Alberta?
The number of sections in the Charter
What is 34
What section of the Charter's coming into force date was delayed by 3 years?
What is section 15
The name of Canada's highest court until 1949.
What is the Judicial Committee of the Privy Council?