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McMaster University
Political Science
Greg Flynn

Constitution 1. Written versus unwritten a. Everything is written down in the American constitution 2. Canadian constitution a. Section 52(2) i. 3. Written Documents a. Constitution Act, 1867 i. Sections 91-95 1. SEC 91 provides for federal jurisdiction 2. Sec 92 is provincial jurisdiction 3. Sec 95. Agriculture b. Constitution Act, 1982 1. Makes Canada a independent country 2. It included written rights in sections 36 ii. Charter- Sec. 1-34 iii. Aboriginal- Sec. 35 iv. Equalization- sec. 36 v. Amending- Sec. 38-49 vi. Supremacy/Entrenched 1. Section 24 of the charter provides that court my provide any remedy that they feel that violate the charter 2. Entrenchment. The Canadian constitution can only be altered in the produce set out in the constitution of 1982 c. Imperial Statues i. The status of Westminster was a very important status until 1982 ii. We got our very own status in the Westminster that says not all apply to us iii. There are statue at the federal level d. Canadian status 4. Unwritten Constitution a. N.B. Broadcasting v. Nova scotia (1993) 1 S.C.R. 319 i. Included written and unwritten of Canadian constitution ii. We are to have government like the U.K talking about the unwritten 5. Underlying Principles a. Re. Secession Reference (1998) 2 S.C.R. 217 i. Mostly a political question ii. We came close to a break-up of the country iii. Federal government argued that people didn’t know what they were voting for iv. The supreme court says that there is nothing in the constitution for a country to leave v. The courts returned to these principles on occasion b. Democracy i. Our government is based on majority rule. ii. One that government is elected by popular franchise iii. Government must hold free and fair election for everyone to participate iv. Must be able to represent and be responsible for the group of people v. We cannot approaches this in a vacuum vi. Democracy has to be taking into contact with the other principles vii. One government is not or more legitimate then the other viii. Democracy is condition by this federalism principle ix. Democracy requires an adherence to the constitution and rule of law x. Democracy is just a process xi. Democracy requires a continues process of discussion xii. The supreme court says to the federal government that if there is a yes in the Quebec government, you cannot change the
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