We Know That Canada’s We Know That Canada’s Constitution Takes Constitution Takes Precedent Over Statute & Precedent Over Statute & Common Law...Common Law...

But what exactly is Canada’s Constitution??

Remember Remember CONFEDERATION?CONFEDERATION? In 1867 – Canada becomes a

separate political entity within the British Empire with the passing of the BNA Act.

The BNA Act Established:The BNA Act Established:Canada was an independent colony Canada had a federal system of

governmentThe monarch was the head of stateCanada would follow the Rule of LawThe division of power for the federal and

provincial governments (see p.54 or 67)

Canada could not make it’s own laws independent of Great Britain!

Residual PowersResidual Powers Residual powers gives the federal

government responsibility to make laws in legislative areas not assigned to the provinces.

Section 91 of the BNA Act It shall be lawful for the Queen, by

and with the advice and consent of the Senate and House of Commons to make laws for the Peace, Order, and Good Government of Canada.

WHAT MIGHT THIS COVER?

JurisdictionJurisdiction: the authority to : the authority to pass/enforce laws or to decide pass/enforce laws or to decide a casea case

Intra Vires: within the power of government to pass laws

Ultra Vires: beyond the power of the government to pass laws

Read example on p.55 OR p.69Read example on p.55 OR p.69NOTE: I will always put the old text page NOTE: I will always put the old text page

number firstnumber first

Statute of Westminster Statute of Westminster 19311931Allowed Canada to make its own

laws independent of Great Britain.Canada was no longer subject to

the laws of Great Britain

BUT....Canada could still not amend or

add to its own Constitution without approval from the British Parliament.

Patriating the ConstitutionPatriating the ConstitutionPatriate: to bring legislative power under the authority of the country to which it applies

Pierre Elliott Trudeau & Queen Elizabeth II

Constitution Act, 1982Constitution Act, 1982 Included the BNA Act (1867) AND added 5 key elements:

A principle of equalizationA clarification for responsibility

for natural resourcesA formula for making

amendments to the ConstitutionA Charter guaranteeing individual

rights and freedomsThe rights of Aboriginal people

were recognized and affirmed

WRITE DOWN THE WRITE DOWN THE AMENDING FORMULAAMENDING FORMULA

See page 60 or 73

Rights & FreedomsRights & Freedoms

RIGHT: Something we are entitled to because we are human beings

FREEDOM: The ability to conducts one’s affairs without interference

Magna Carta (1215)Magna Carta (1215)Established the

Rule of Law First step in

establishing basic individual rights for the people of England

Universal Universal DeclaratiDeclaration of on of Human Human Rights Rights (1948)(1948)

Passed by the United Nations

LOOK AT THE TIMELINE ON P.78 OR 94

Evolution of Rights in Canada

• Write down 4 human rights abuses in Canadian history• Write down 4 things that increased human rights in Canada• Write down 2 things that surprised you

Canadian Bill of Rights Canadian Bill of Rights (1960)(1960)

Statute enacted by Parliament in 1960

Recognized:The rights of individuals to life, liberty,

security of the person, and enjoyment of property

Freedom of religion, speech, assembly, and association

Freedom of the pressThe right to counsel and the right to a fair

hearing

READ “The Bill of Rights had its limitations” on

p. 80 or p.96

Canadian Human Rights Act Canadian Human Rights Act (1977)(1977)Applies to federal departments,

Crown corporations, and businesses and industries that are regulated by the federal government.

Prohibits grounds for discrimination based on 10 factors.

See p.113 OR p.134

Charter of Rights and Charter of Rights and Freedoms (1982)Freedoms (1982)

Entrenched rights and freedoms in the Constitution of Canada

How does this deal with some of the limitations of the Canadian

Bill of Rights?

Jurisdiction of the Canadian Jurisdiction of the Canadian Charter of Rights and Charter of Rights and FreedomsFreedoms The Canadian Charter of Rights and

Freedoms only applies in situations that involve the government!

(All branches and levels of government, Crown corporations, banks, etc...)

Other violations of rights and freedoms are covered under provincial human rights acts.

Looking At The CharterLooking At The CharterComplete:The Canadian Charter of Rights and

Freedoms scavenger huntThe worksheet “The Canadian

Charter of Rights and Freedoms”

ResourcesCanadian Charter of Rights and Freedoms

found at the back of your textbookReading about each section of the Charter found on p. 86-102 OR p.102-120Your notes

Guardian of the Guardian of the ConstitutionConstitutionThe Supreme Court uses these

questions to determine if a rights case has merit:

1.Was the right infringes or violated by government or its agencies?

2.Is the right in question covered under the Charter?

3.Is the violation or infringement within a reasonable limit?

Exceptions and Exceptions and LimitationsLimitationsOur rights are not absolute. There are

times that they are limited. Can you think of any of those times?

Section 1 of the Charter outlines the “Reasonable Limits Clause” (see Charter)

The Oake’s Test has been developed to assess when a right should be subject to limitations

Write down the criteria of the Oake’s Test p.85 OR p.100

R. v. Sharpe, [2001] R. v. Sharpe, [2001] 1.S.C.R. 451.S.C.R. 45

1. Read the case R.v. Sharpe on p.106 or 124.

2. Complete the Oake’s Test for this case by explaining how each of the 4 criteria apply (or do not apply) to this case.

You may complete this activity through discussion in a small group, but each member must write down their own explanation in their own words.

S.33: The Notwithstanding S.33: The Notwithstanding ClauseClauseAllows government to override a

fundamental freedom or right (to pass legislation that goes against the Charter) for a period of 5 years at a time.

Only applies to s.2 and ss.7 to 15. What parts of the Charter cannot be

overrode with the Notwithstanding Clause? (see your Charter)

Has not been used very many times.

Provincial Human Rights Provincial Human Rights ActsActs Remember: The Canadian

Charter of Human Rights and Freedoms only applies to situation that involves the government or their agencies.

All other violations of Human Rights fall under the Provincial Human Rights Acts.

Nova ScotiaNova ScotiaVisit:

http://humanrights.gov.ns.ca/know-your-human-rights and answer the following questions.

NS prohibits discrimination based on how many characteristics?

What areas are protected?

PODCAST PODCAST

LISTEN to the CBC The Current podcast “Should Employers Accommodate Shift Workers with Childcare Needs?” from Monday March 11, 2013

Answer the questions and be prepared to complete the writing assignment at the bottom of the page.

Next: We will be Next: We will be preparing for our unit test preparing for our unit test which will cover which will cover everything we have everything we have studied in LAW 12 up to studied in LAW 12 up to this point.this point.You should begin reviewing your notes, textbook, and assignments, updating your glossary, and writing down any areas of where you have questions, concerns, or need clarification.