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POLSCI 3NN6 Lecture Notes - Northern Alberta, Patriation Reference, Parliamentary Privilege

Political Science
Course Code
Greg Flynn

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1. Written versus unwritten
a. Everything is written down in the American constitution
2. Canadian constitution
a. Section 52(2)
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
c. Imperial Statues
i. The status of Westminster was a very important status until
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
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
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