1. CLN4U Unit 2 Constitutional Law
Rights and Freedoms
CLN4U Unit 2
Constitutional Law

2. Canada’s Constitutional Law
The constitution is the framework around all other laws are based
The key point: outlines the powers of each level of government (ultra vires and intra vires)
1867- MacDonald had it written that anything not included in the Constitution would be given federal mandate
Can be written or unwritten

3. Three Sources 1. Written Constitution Constitution Act 1867 (BNA Act)
Basic structure of the government
Amending formula (we will learn this) to change the constitution
Includes the Charter of Rights and Freedoms (1982)- entrenched

4. Three Sources 2. Unwritten Constitutional Measures
Conventions that explain the rules of political conduct
Follow the United Kingdom’s structure (as it says...seriously)
Ex. A Cabinet minister will resign if he/she disagrees with the PM and the rest of the cabinet (Cabinet solidarity)
Ex. The constitution outlines that we will have a structure similar to Britain’s- no mention of Prime Ministers

5. Three Sources 3. Court Decisions
Courts are called upon to resolve disputes about the meaning or intent of the constitution- embedded realism
It is a living document
Government must comply with the court and change laws or make new laws

6. Division of Powers 106- 107- Division of Powers
Complete Ward vs. Canada (pp )

7. Education
Section 93 of the Constitution the founders had interest in education…why?
Localism and regionalism
Education rights of the religious majorities at the time of the law being written (CLS?)
You can still send your child to a private school but you must pay taxes to the public system
United Nations determined that the SCC ruling of the legal exclusion of discriminatory funding was a violation of the Covenant on Civil and Political rights

8. Should there be public funding for Faith Based Schools?