POL214Y1 Lecture Notes - Lecture 2: Living Tree Doctrine, Parliamentary Sovereignty, Quebec Act
6 Feb 2018
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Document Summary
The constitution: the living tree doctrine: a framework or set of rules in. Canadian law used to interpret the canadian constitution . Entrenched in the canadian constitution starting with the. Edwards v. canada case (persons case) in 1930. Began as a reference case in the scc, which ruled that women were not quali ed persons. Appealed to the jcpc, and supreme court said they were eligible. Visions of canada: strong central government (english speaking, two nations french and english (non-territorial),quebec and. Wanted ottawa to hold the power: three nations: indigenous peoples and self-governance. 2: multiculturalist: founding contributions of many ethno- Individualist: community of equal individuals cultural groups, none superior. The text of the constitution act 1867, contains few provisions on democracy - similar to british. Majority rule is a basic premise of democracy in canada. A national majority cannot override a provincial majority if the issue constitutionally belongs to the provinces.
