1. THE CANADIAN CONSTITUTION
An Outline

2. #1: The Canadian Constitution, 1867
The Fathers of Confederation

3. Three Essential Components
The Constitution Act, 1867 outlines:
who has the authority to make laws;
how the authority is divided among levels of government (federal vs. provincial);
how government power is limited to protect individual rights.

4. #1: The Constitution Act, 1982
Prime Minister Pierre Elliott Trudeau
and
Her Majesty Queen Elizabeth II
April 17, Ottawa

5. #2: What’s the difference?
The Constitution Act, 1867 was physically in England but The Constitution Act, 1982 remains permanently in Canada.
There was no agreed-upon way to change The Constitution Act, 1867 but an amending formula was put into The Constitution Act, 1982.
There was no human rights component to The Constitution Act, 1867 but The Canadian Charter of Rights and Freedoms was added to The Constitution Act, 1982.

6. #3: Federal & Provincial Responsibilities
The Constitution Act, 1867 sets out the various responsibilities of different levels of government
FEDERAL
PROVINCIAL
POWERS/RESPONSIBILITIES
national defence
printing money
post office
(un)employment insurance
POWERS/RESPONSIBILITIES
education
health care
natural resources
property

7. The Judiciary & The Constitution
interprets and applies the law and the Constitution
must be non-partisan in all cases
provides a balance of power that is protected by law

8. The Role of the Courts & Government Responsibility
It’s intra-vires!
(You’re following the rules!)
The Role of the Courts & Government Responsibility
It’s ultra-vires!
(You’re breaking the rules!)

9. #4: Limitations on Rights Section 1: The Reasonable Limits Clause
CONSTITUTION ACT, 1982 
PART I
CANADIAN CHARTER OF RIGHTS AND FREEDOMS
 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:
Guarantee of Rights and Freedoms
Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
#4: Limitations on Rights Section 1: The Reasonable Limits Clause

10. #4: Limitations on Rights Section 33: The Notwithstanding Clause
Section 33 allows parliament or provincial legislatures to override certain sections of the Charter:
Section 2: Fundamental Freedoms
(expression; religion; thought; belief; peaceful assembly; association)
Section : Legal Rights
(life, liberty, & security of the person; search or seizure; detention or imprisonment; arrest or detention; proceedings in criminal or penal matters; treatment or punishment; self-crimination; interpreter)
Section 15: Equality Rights
(equality before and under law and equal protection and benefit of the law; affirmative action programs)
#4: Limitations on Rights Section 33: The Notwithstanding Clause

11. #5: In your opinion…
…why has the use of the notwithstanding clause been unpopular in Canada?

12. #1: When was the Canadian Charter of Rights and Freedoms made law in Canada?

13. In 1982, as part of the Constitution Act, 1982.
#1: When was the Canadian Charter of Rights and Freedoms made law in Canada?
In 1982, as part of the Constitution Act, 1982.

14. #2: Which section of the Charter guarantees the right of Canadians to gather with others in peaceful protest?

15. #2: Which section of the Charter guarantees the right of Canadians to gather with others in peaceful protest?
Section 2. This falls under freedom of association and peaceful assembly.

16. #3: The Purpose of the Charter

17. #3: The Purpose of the Charter
INDIVIDUAL’S
PROTECTION
FROM THE
GOVERNMENT
PEOPLE IN
CANADA
THE CANADIAN GOVERNMENT
#3: The Purpose of the Charter

18. #4: What’s the difference?
THE BILL OF RIGHTS
THE CHARTER
Can be changed by an act of parliament
Can only be changed using the amending formula in the Constitution Act, 1982

19. #5: What is the main difference between an ‘individual’ and a ‘citizen’?
Any individual is anyone who is in Canada, where a citizen has Canadian nationality.

20. #6: analogous grounds
sexual orientation
marital status
off-reserve First Nations status
citizenship

21. #7: discrimination based on age
Section 1
Why?