Unit test 2 Chapter 3,4 Preparation Notes

Reading Please read chapter 3 and Note the following concepts Canada’s Constitution p.52 British North American Act,1867 p.53 A Federal System p.53 Division of Powers p.54 Patriating Constitutionp.57 Problems with the BNA act p.57 Constitution Act p.68 Constitutional Conflict p.60

Reading Please read chapter 3 and Note the following concepts Government and Law Making The Executive Branch p.62 The Legislative Branch 63 The Judiciary 64 Enacting a Statute 64 The Role of Individuals and Interest groups p.66

Definitions( Chapter 3) Unitary system: a one-level system of governing Federal system: a two-level system of governing Residual powers: federal responsibility to make laws in legislating areas not assigned to the provinces Intra vires: within the power of government to pass laws Ultra vires: beyond the power of government to pass laws Statute of Westminster: legislation passed in Britain that extended Canada’s law-making powers Shared Cost agreement: arrangements between the two levels of government to share the cost of the programs in areas not identified in the BNA act. Civil liberties: basic individual rights protected by law,such as freedom of speech Patriate: to bring legislative power under the authority of the country to which it applies.

Definitions( Chapter 3) Federal Responsibilities Banking Bills of Exchange Census and Statistics Citizenship Criminal Law Currency and Coinage Defence Employment Insurance Foreign Affairs Indian Affairs Marriage and Divorce Navigation and Shipping Old age pension Patents and Copyrights Penitentiaries Postal Service Public Debt Residual Powers Seacoast and inland fisheries Taxation Trade and Commerce

Definitions( Chapter 3) Provincial Responsibilities Compensation to injured workers Direct taxation within the province Education Maintenance of hospitals Labour and trade unions Municipal institutions Natural Resources Property and Civil Rights Provincial Courts and Laws Solemnization of Marriage

Definitions( Chapter 3) Principal of Equalization :Section 36 of the Constitution Act,1982,which provides for equal access to essential services for all Canadians Amending Formula: prosecution for changing the Constitution Canadian Charter of rights and freedoms: a section of the Constitutional Act,1982,which sets out constitutionally protected rights and freedoms Executive Branch: the administrative branch of government responsible for carrying out government's plans and policies Legislative Branch: the branch of government that has the power to make, change, and repeal laws. Judiciary: the branch of government responsible for presiding over Canada’s Court system Government of public bill: legislation proposed by a Cabinet minister Private Member’s bill: legislation proposed by an MP who is not in the Cabinet Lobby Groups: people who try to influence legislators in favour of their cause. Bill: proposed legislature

SO, REVIEW THE FOLLOWING VOCABULARY Amending formula Bill Canadian Charter of Rights and Freedoms Civil liberties Executive,legislative, judiciary Federal system Government or public bill Intra vires/ ultra vires Lobby groups Patriate Principal of equalization Private member’s bill Residual powers Shared cost agreement Statute of Westminster Unitary System

Answer the questions from Chapter 3: Pp57 Pp.61 Pp.68

Review the Following Table

Unit 4 Major Concepts Recognizing Rights and Freedoms p.77 Historical Documents p.77 Evolution of Rights in Canada p.78 Canadian Bill of Rights p.79 Entrenching Rights and Freedoms p.80 Jurisdiction, Enforcement, and and Guarantee The Fundamental Freedoms 86 Freedom of Conscience and Religion 86 Freedom of Thought and Expression 87 Freedom of Assembly and Association 88 Democratic and Mobility Rights 90 Democratic Rights 91 Mobility Rights 92 Legal and Equality Rights 99 Language and General Rights 100 Language Rights 100 Aboriginal Rights 101 Multicultural Rights 102 Charting the Record 103

Reading Please read chapter 4 and Note the following concepts: Rights and Freedoms A right is a legal, moral or social entitlement that citizens can expect, mainly from the government. (right to a fair trial) A right is a legal, moral or social entitlement that citizens can expect, mainly from the government. (right to a fair trial) Freedom, although limited, means the right to conduct one’s affairs without government interference. (limited by the need for public safety and the protection of other people’s rights) Freedom, although limited, means the right to conduct one’s affairs without government interference. (limited by the need for public safety and the protection of other people’s rights) Inalienable Rights are guaranteed entitlements that cannot be transferred from one person to another, and cannot be taken away without due process of law. (equality, liberty) Inalienable Rights are guaranteed entitlements that cannot be transferred from one person to another, and cannot be taken away without due process of law. (equality, liberty) Franchise, the right to vote (especially for women), is an important inalienable right. Franchise, the right to vote (especially for women), is an important inalienable right.

Bill of Rights Passed in parliament in 1960, it recognized… Passed in parliament in 1960, it recognized… 1. The rights of individuals to life, liberty, personal security and enjoyment of property. 1. The rights of individuals to life, liberty, personal security and enjoyment of property. 2. Freedom of religion, speech, assembly and association. 2. Freedom of religion, speech, assembly and association. 3. Freedom of the press. 3. Freedom of the press. 4. The right to counsel and the right to a fair hearing. 4. The right to counsel and the right to a fair hearing. As a Federal statue it only applied to federal matters, as a statute it was the same as any other, leaving it open to interpretation and finally, as a statute it could be amended by the House of Commons. As a Federal statue it only applied to federal matters, as a statute it was the same as any other, leaving it open to interpretation and finally, as a statute it could be amended by the House of Commons.

Canadian Charter of Rights and Freedoms To solve the problems with our bill of rights it had to be entrenched, that is, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the constitution. To solve the problems with our bill of rights it had to be entrenched, that is, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the constitution. The Charter became part of our constitution in 1981, which means they override all other laws. The Charter became part of our constitution in 1981, which means they override all other laws. The notwithstanding clause, s.33 of the Charter, allows federal and provincial governments to pass legislation that is exempt from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal and equality rights) Quebec’s Bill 101. When a government decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the charter, it must identify the particular law and the sections of the charter that are being overridden. The notwithstanding clause, s.33 of the Charter, allows federal and provincial governments to pass legislation that is exempt from s.2 (the fundamental freedoms) and ss. 7 to 15 (the legal and equality rights) Quebec’s Bill 101. When a government decides to invoke the notwithstanding clause to pass legislation that violates one of the protected rights in the charter, it must identify the particular law and the sections of the charter that are being overridden.

Fundamental Freedoms Freedom of Conscience and religion Freedom of Conscience and religion Freedom of thought and expression Freedom of thought and expression Freedom of peaceful assembly and association Freedom of peaceful assembly and association

And some other rights…. Democratic Rights Democratic Rights Mobility Rights Mobility Rights Legal rights which include….. Legal rights which include….. - life, liberty and security of the person - Unreasonable search and seizure - Arbitrary detention or imprisonment - Cruel and unusual punishment

Right is a legal, moral or social claim that people are entitled to, primarily from their government.( a person accused of committing an offense is entitled to a fair trial) Freedom is a right to conduct one’s affairs without governmental interference( one has the right to seek employment in any part of Canada.) Civil rights: the rights of citizens (e.g. to political and social freedom and equality), which limit the power a government has over its citizens Human rights: rights that protect one from discrimination by other individuals and in certain areas of one’s life Natural rights: rights thought to be inherent, such as the right of all people to life, liberty, and security; rights that are independent of rulers, society and governments Inalienable rights: guaranteed entitlements that cannot be transferred from one person to another Franchise: the right to vote Entrench: to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution

Jurisdiction, Enforcement,Guarantee Applies to the relationship between people and their governments( provincial and federal) The Supreme Court of Canada is interpreting and enforcing laws Identifies and guarantees rights and freedoms within reasonable limits-

The Fundamental Freedoms Definitions Dissemination-spreading ideas widely Extradition-surrendering an accused person to another jurisdiction to stand trial Capital offence- a crime punishable by death in some jurisdiction Ameliorate- to improve Abrogate-to abolish or annul Derogate-to take away or detract Override: to prevail over Invoke : to put into effect Notwithstanding Clause : s.33 of the Canadian Charter of Rights and Freedoms which allows federal and provincial governments to pass legislation that is exempt from s.2 and ss.7 to 15 of the Charter Interveners: third-party participants in a legal proceeding: also called “friends of court”

SO, REVIEW THE FOLLOWING VOCABULARY Abrogate Ameliorate Capital offence Derogate Dissemination Entrench Extradition Franchise Freedom Inalienable rights Interveners Invoke Notwithstanding clause Override Right

Answer the questions from Chapter 4: Pp.83 Pp.86 Pp.90 Pp.93 Pp.100 Pp.103