THE CONSTITUTION Canada’s Legal Identity. To Be or Not To Be (Written)!  constitutions: “power maps” or highest law of the land  can be unwritten: can.

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Presentation transcript:

THE CONSTITUTION Canada’s Legal Identity

To Be or Not To Be (Written)!  constitutions: “power maps” or highest law of the land  can be unwritten: can comprise of a number of statutes, conventions etc, such as was Canada prior to Constitution Act 1982  Why Patriation??

Purpose???  principles and objectives of the political, social and economic values held by the people  definition of the main institutions of government; its legislative; executive and judicial branches; and the responsibilities (such as making, applying and interpreting laws) of people serving in these bodies, their powers and limits on their power  Outlines the division of powers for federal system  Outlines the relationship between government and the people

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

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

Amending Formula  contained in part V of the Constitution Act 1982  5 types of requirements for constitutional amendment (change) –support of federal parliament and the legislatures of all 10 provinces –federal parliament and at least 2/3 of the provinces representing 50% of the population of all provinces –those requiring the support of only the federal parliament and certain provinces affected by the amendment(s) –those requiring support of only the federal parliament –those requiring the support of only one province

Quebec Question??  Where is Quebec in all of this –Meech Lake –Charlottetown –Jack Layton???

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