PHILOS 1B03 Lecture 1: philos1b03_1.pdf
13 Nov 2014
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Amendment must be approved by: house of commons, senate, legislatures of at least 7 provinces, representing at least 50% of canada"s population (7/50 rule) Two basic reasons for entrenchment: enhances stability, extra protection against abuse of power. Some history: british north america act (bna), 1867. Bna act main canadian constitutional document pre-1982. Ordinary act of british parliament (not entrenched) Primary role: creation/distribution of government powers; established jurisdiction (e. g. provinces education; federal government national defense, no charter of rights. We didn"t have one before 1982: most constitutional questions were answered: Jurisdictional boundary disputes though there were notable exceptions . Notable exception: edwards vs. attorney general of canada (1930: the persons case, launched by 5 women; famous five . Nellie mcclung: on appeal from supreme court of canada (scc) to the judicial committee of privy council (pc) of uk. In 1930 , highest appeal court in uk and commonwealth countries, including canada. Final court of appeal in both uk and canada.
