CONSTITUTIONAL DOCUMENTS

BRITISH NORTH AMERICAN ACT, 1867 Created Federation of Canada known as the Constitution Act, 1867 Included: Canada = Parliamentary style of democracy Outlined divisions of power (Federal and Provincial) Did Not Include: Role of PM & Cabinet (went on convention) Amending Formula (would have to ask Britain to pass Bill)

CONSTITUTION ACT, 1982 3 issues at work during patriation debates: Amending Formula-today requires the agreement of the Federal Parliament & the legislature of 2/3 of the provinces having at least 50% of the people. Quebec Separatist Issue-After referendums, Quebec is still a part of Canada today. Protection of Human Rights-Trudeau entrenched human rights in the constitution through the Charter of Rights and Freedoms.

7 PARTS OF CONSTITUTION ACT, 1982 Part 1: Charter of Rights and Freedoms Part 2: Rights of Aboriginal Peoples of Canada Part 3: Equalization and Regional Disparities Part 4: Constitutional Conferences Part 5: Procedure for Amending Constitution of Canada Part 6: Amendments to Constitution of 1867 Part 7: General

Any law that is inconsistent with the provisions of the Charter can be declared of no force and effect. (If any action violates a Charter right it could be challenged in a court of law)

INTRA VIRES VS ULRA VIRES INTRA VIRES: Latin meaning ‘within the powers’ referring to a law that is within the jurisdiction of the government or the courts ULTRA VIRES: Latin meaning ‘beyond or outside the powers’ referring to a law that may exceed the power of the government or the courts (out of that governments jurisdiction) For example: If an action by a legislature, either federal or provincial, is within its jurisdiction, it has acted intra vires its authority. If an action by a government is outside of its legal authority or jurisdiction it has acted ultra vires its authority.

PITH AND SUBSTANCE Used if a law passed by government can easily be classified under both ss. 91 and ss. 92 of the constitution (this section discusses powers of government and responsibilities of each level of government) Used in order to determine which level of government has authority if the issue in question falls under both levels of government

PITH AND SUBSTANCE CONT… Pith and Substance is concerned with the overriding purpose or intent of the law. It is interested to find out the purpose of the law rather than the effects of ruling whether or not the law is intra vires or ultra vires. Example: If the purpose of the law is related to criminal law then it will fall under federal jurisdiction. If the purpose of the law is concerned with the regulation of business it will fall under the authority of provincial legislation.

RESPONSIBILITIES OF GOVERNMENT FEDERAL RESPONSIBILITIES PROVINCIAL RESPONSIBILITIES MUNICIPAL RESPONSIBILITIES National defense Foreign diplomacy International trade Aboriginal affairs Postal service Banking system Marriage and divorce Criminal law Etc… Education Health services, hospitals Some natural resources, environmental issues Charities Licenses Highways Provincial court system Provincial police/prisons Public Transit Garbage collection and disposal services Water and sewage Snow removal Fire protection services Zoning land Local police services Collection of property taxes and fees for many licenses