Highlights of the Canadian Constitution

Highlights of the Canadian Constitution - Highlights of the...

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Highlights of the Canadian Constitution Canada's constitution is the basic set of rules for running the country. Following are what are among the most important parts of the Constitution Act, 1867 and the Constitution Act, 1982. (Attempts have been made to paraphrase each section in plain English.) CONSTITUTION ACT, 1867 Part II: Canada is composed of four provinces: Ontario, Quebec, Nova Scotia & New Brunswick. (Later statutes and orders expanded the country.) Part III: Executive power resides in the Queen. (modified by constitutional convention) Part IV: Parliament consists of the Queen, the Senate, and the House of Commons. Senate: 24 Senators from each of Ont, Que, Maritimes & West; + 6 from Nfld and 1 for each Territory (105), appointed by Gov Gen (on advice of PM) House of Commons: According to S. 51, the provinces shall be assigned a number of seats in the House of Commons roughly proportionate to their populations. S. 51A: “Senate floor rule” (no province can have fewer MPs than Senators) Ss. 56, 57 & 90: reservation and disallowance Part V: Provincial constitutions (bare bones) Part VI: Distribution of Legislative Powers (Division of Powers) 91 . the "preamble" to S.91 is the "POGG" clause (peace, order and good government) : I t shall be lawful for [Parliament] to make laws for the peace, order and good government of Canada, in relation to all matters NOT coming within the subject-matters assigned exclusively to the Provinces in S. 92. For greater certainty, Parliament may make laws with regard to matters covered by the following list. However, this list merely provides examples, and these examples are not to be interpreted by courts as limiting Parliament's power. 2 . Trade and Commerce 2A . Unemployment insurance (added in 1940) 3. Unlimited taxing powers (direct and indirect) 5. Postal service 14. 15. Banking 19. Interest 22 & 23 Patents & Copyrights
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24 . Indians, and lands reserved for Indians 26. Marriage and Divorce 27. The Criminal Law 92 . The provincial legislatures have exclusive power to make laws regarding the following: 2. Direct taxation 7. Hospitals and social welfare institutions 8. Municipalities 10. Local works and undertakings EXCEPT b) international shipping c) any works that Parliament has declared are within federal jurisdiction. (“ declaratory power ”) 12. Solemnization of marriage 13. Property and civil rights (meaning private law) 14. The administration of justice in the province, including the establishment of all courts except the Supreme Court of Canada and the Federal Court, and prosecution of criminal cases. 16. All matters of a
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This note was uploaded on 02/14/2012 for the course PPAL 6100 taught by Professor Bazowski during the Winter '10 term at York University.

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Highlights of the Canadian Constitution - Highlights of the...

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