The last lecture was on judicial review.
Potential test questions:
The charters role in public participation.
The diff between negative liberties and positive rights
Americanization and the other two things shown in class.
How does the charter contribute to changing Canadian constitutional order?
Transfer of power to leg to courts
Some things should be decided in the political arena rather than in the courts. Are the courts
actually equipped to be making these kinds of decisions?
How does the charter affect the distribution of power?
Quasi constitutional: we demand that we have elections. But who decides the rules of the electoral
Consequences of FPTP (first past the post) (SMPS -single member plurality system)
Not everybody who had the vote, still has the vote now (women). That was determined
by the provinces. If you were allowed to vote in provincial elections, then you were
allowed to vote in federal ones and each province had different standards. Some laws said
you had to own property of a certain value in a certain area. Some laws said you had to be
literate in one of seven languages.
There was open voting in 1874. There was no secret ballot. This introduced intimidation.
There were also staggered elections and the gov decided when the elections would be
held. They would vote when it was most convenient for a certain party.
During the first world war, there was no election between 1911 and 1917. (law says that
you have to have an election every 4 years but the parliament passed a law saying that
they were postponing it.) the conservatives gave the vote to women who had relatives in
the war but took away the vote from ppl who had ties to the enemy countries. This is a
show of how the electoral system was manipulated.
They used to have enumerations where they would go door to door and find out how
many ppl lived there and who was of age.
They used to impose religious and racial restrictions.
The in 1996 we got the permanent voters list.
Shorter campaign citizens
You now have to provide ID when you vote. This affected the 2006 election (i dont
In 2007 they wanted to pass a law saying that everyone needed visual ID ( everyone
would need to show their faces -muslims would have a problem with this) this bill
did not pass but some ppl showed up to vote with masks on to prove their point.
Before, you needed to be on the registered voters list to vote but that was said to
be unconstitutional because the charter says that every canadian citizen all allowed
Then we got the Charter -which gave every citizen of Canada the right to vote.
THIS ENTIRE SECTION ENCOMPASSES ALL OF THE TOPICS BELOW.