Constitution and the Charter
What is the notwithstanding clause in the Charter of Rights and Freedoms?
Allows Parliament or provincial governments to pass a law that violates the charter (s. 33).
Who is the executive accountable to?
The House of Commons
Is Canadian federalism centralized or decentralized?
Decentralized
Can a judge 'talk politics'?
No, they must be impartial
What party system is Canada? (multi, dual, single)
Multi-party
Is the Charter of Rights connected to a utilitarian or natural rights understanding of rights?
Natural rights
What are the two options when a vote of non-confidence or a matter of confidence bill is voted down?
1. PM resigns and formation of new ministry
2. Request of new elections
What is a conditional grant?
Is the supreme court bound by decisions made by lower courts?
No, they can overturn decisions made by any other court
What is Hansard?
Official record of debates in the House
What is the general amending formula in CA 1982?
Parliament + seven provinces with 50% of the population.
Who has executive power by law, and who has this power in action?
On paper: The crown, and the Gov. General by-proxy
In action: The cabinet
To whom is 'residual' power assigned?
To the federal government (s. 91)
What are the three fundamental principles of the judiciary?
Impartiality, independence and equality before the law
What is the formal term for the ending of parliamentary session?
Prorogation
What is an organic statute?
Statutes establishing constitutional rules and enforced by the judiciary. Example: The creation of the Supreme Court by the Parliament (Supreme Court Act).
What constitutes a majority government?
When the party that forms government controls over half the seats in the HOC.
No, the federal and provincial are equal, and neither is subordinate to the other, but municipal governments are subordinate to the provinces.
What is the Judicial Committee of the Privy Council (JCPC)?
The British supreme court, and was allowed to overturn Canadian supreme court decisions until 1949.
After the three readings and approval of a bill in the HOC and senate, it it law?
No, it needs royal assent by the Governor General (usually a formality).
Name at least one element each that CA 1867 and one element that CA 1982 outlines.
CA 1867: Separation of power (Executive, legislative and judicial), Provincial constitutions, Federal division of power.
CA 1982: Charter of Rights and Freedoms, Indigenous rights, Equalization, Amending formula, Definition of constitution
How long are appointments for the Privy Council for Canada ("cabinet"), and who makes these selections?
They are technically lifetime appointments but only those appointed by the current PM are in power. Appointed by the Gov. general under 'advise' of the PM (in practice PM appoints).
Are territorial governments (Yukon, NW territories and Nunavut) the same as provincial governments?
No, they are not sovereign, and exercise only powers that are delegate by the federal government. In practice, they are treated like small provinces.
How many judges out of 9 must come from Quebec?
At least three
What is the difference between a brokerage party and an ideological party? Give an example of each.
Brokerage parties: Large pragmatic parties with broad coverage of many viewpoints (Liberals, CPC)
Ideological parties: Certain views outside mainstream (PPC, Christian Heritage, Marxist-Leninist)