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POL214Y1 (215)
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Department
Political Science
Course
POL214Y1
Professor
Victoria Wohl
Semester
Fall

Description
POL214 Canadian Politics w/1 September 14 What is a constitution? Three pillars of canadian constitution. Differentiate between the big C constitution and the small c constitution. Constitution:Outlines divisions of power between levels of government.Abody of fundamental principles or established precedents according to which a state or other organization is acknowledged to be governed. Supreme law of the land in a given territory. 1867; constitution act; British NorthAmericaAct (BNAAct). 1982; changed to the constitution act. ConstitutionAct 1982; does not replace the BNAact, it adds to it. It says about the constitution: section 52 of the constitution act the constitution. of canada is the supreme law of canada and any law that is inconsistent with the provisions of the constitution is to the extent of the inconsistency that law has no force or effect. Part of constition; Charter of Rights and Freedoms. In 1982 people became part of the constitution. Constitutionalized rights; before the only right had that couldnt be taken away was free of charge of crime to plead case in english or french. Violated Section 8; everyone has right to be safe against unreasonable search and seizure. Anyone whos rights and freedoms are denyed, they can apply to a court for revenue compensation Constitution establishes and defines political community. Defines what canadian values are. 19 Century, constitution referred to the parliament; held by the parliament. The rights currently had, were whatever parliament gave you. Is no longer just the structures of governmental powers, incoroporates feminine rights and freedoms and individuals and groups. Not so much in the United States. Language groups have certain rights, as do aboriginals in canada. Both the federal and provincial levels can argue in protecting fisheries theres an environmental concern. Every constitution deals with issue of who should rule. Because the constitution includes charter of rights, doesnt mean theyre being protected. In U.S constitution treated like a sacred text. 1988: Malroney: the constitution of canada is not worth the paper its written on.Aconstitution is something shared by a society.Documents that link past present and future Essence of a constitution is not whats written down. Its what we think the constitution is; our imagination of it. Government is whoever governor general allows. Constitutional convention: unwritten constitution, but its understood and obligatory. If government loses the confidence of the people, they must dissolve. 87% of canadians believe violent crime in canada has gone up in the last 10 years. Developing countries have higher homicide rates. Toronto has 5mil people, 100 homicides. www.notesolution.com Number one media covered crime is homicide. Strengths of UCR Data Standardized reporting practices that permit comparisons over time and place. Centralized reporting agency Revised ucr helps us better understand where and ywhen crime takes place Crime trends analysis can identify emerging problems and contribute to policy development. Weaknesses: Non reporting of crime. Most criminal incidents become known when civilians make a report to the police. Unfortunately most crimes are not reported. When institutional reporting practices change, as they did under safe schools act, the rates for cetrain types of crimes will appear to increase. Changing legal definitions can make it hard to track trends. Cases screened as unfounded. Ucr reports often vary with respect to accuracy and completeness. Only the most serious crime is recorded. Unofficial crime data: Victimization surveys Self report surveys Combined victimization self report survey Public opinion surveys ask questions about fear of crime, attitudes, towards the police, courts and corrections. POL214 w/2 Tues Sept 21 Possible Questions: What is the constitution? 3 Constitutional Pillars Big C vs small c Constitutions Responsible government 1848 Federalism 1867 Charter of Rights 1982 ******** Pairing: Matching up of a negative and a positive vote to cancel out if one member should not be present the day of the vote. In responsible government; whoever was in the government had to maintain the confidence of the popularly elected legislature. Federal system for canada, vast country, vast languages. Canadians subject to two parliaments; federal and provincial. In constitution act,Canadians are asking british to give them a constitution www.notesolution.com similar to the UK (Responsible government) Parliamentary Supermacy Bifurcated Parliamentary supremacy Constitutional Supremacy At bifurcated parliamentary, divided. One level of government can sue another level. Canada wanted a constitution similar, but the UK doesnt have a written constitution. Canada had to spell out what is the federal and provincial parliaments responsible for? Eduction covered by provinces. Charter in 1982l we included not just parliament federal and provincial, we included anyone. Everyone is referred to in the charter. Move from parliamentary supremacy to bifurcated parliamentary in 1982, full blown constitutional suprmacy. What this means: parliament cant violate other things in constitution. Section 1-34 of the charter of rights and freedoms. The charter limits parliamentary supremacy; parliament cannot do anything it wants. Doesnt eclipse it though. The charter has qualified charter supremacy. Constitutional supremacy does not mean the federal principle is gone. Powers that provinces have; over property and civil rights. Difference between big C constitution and c constitution. Big C constitution: the formal texts of the constitution. They are what is written down. The two most important documents are the constitution act of 1867(BNA) and of 1982 (Charter). Not everything is there, read section 52: schedule thats attached.Alist of other things part of contitution like the ontario boundaries act. Formal amendments over time. Some are acts of parliament.Alberta act, etc. Things parliament didnt pass that are part of constitution. Counsil refers to cabinet. PEI came into confederation in 1873. Negotiated terms of union with the federal cabinet without canada having a vote on it. Constitution is entrenched. Is supreme court of canada part of constitution? Dispute. The BNA says federal parliament can create a general court for canada. If they can create it, cant they get rid of it now? To change big C constitution, very hard harder than regular laws. Small c constitution? Constitution of canada includes things that are not written. It refers to all the constitutional rules such as some acts of parliament, some orders and counsel and judicial decisions about the constitution. Nowhere does it say you cant discriminate under section 15 on certain grounds. Another part is the constitutional voncentions, understood rules. If a party wins majority of seats in house of commons, leader should be called upon to be the prime minister. Whats the purpose of these conventions? Supreme court said: www.notesolution.com Many canadians be surprised to learn, important parts of canadian constitution which they are very familiar with, are nowhere to be found in the law(written) part of constitution. Ensure the legal framework will be operated with the prevailing constitutional values of the period. If someone violates a convention you cannot go to court. You can get the media to make a fuss and go to the Governor general. Public opinion will decide when the electorate goes to vote.the consequences of not upholding are political, not legal. Constitution of canada includes judicial decisions, constitutional conventions, customs (pairing, usage). When quebec moved to have a referendum in the 1990s, and it almost passed, the government put a question to supreme court; (reference question) ask the court for an opinion on something. In U.S it has to be specific. The court doesnt have to give one. 1) under constitution of canada, can the national assembly, legislature or government of canada affect the government of canada unilaterally?(Can Quebec leave on its own?) 2)Can it do this under the laws of the constitution of canada? (nowhere procedure for leaving?) Constitution is more than a written test? It embraces the entire global system of rules and principles which govern the exercise of constitutional authority. Asuperficial reading of selected provisions of readings without more may be misleading. Its necessary to make a more profound investigation. Underlying principles that animate/give life to the whole of the consitution, must investigate: principle of democracy, federalism constitutionalism and the rule of law. Lastly, Respect for minorities. (anglophone and aboriginals in quebec) Municipalities only have whatever powers the province gives them. Section 95; concurrent powers; federal and provincial have power over immigration. Ultra Vires:Acting outside of the parliamentary powers. Intravires: acting within it. Competing constitutional visions Pan canadian Federal provincial ensemble Dualism Aboriginal Pan Canadian view: Pierre Trudeau in terms of defining what is canada and who speaks for canada and what is the national interest. This was the rational behind trudeaus argument when the federal government under trudeau wanted to patriate the constitution/bring it back in a way so that britain had nothing to do with it, without referencing to the provinces. Trudeau said we(federal) parliament speaks for canada, as the one institution we all share as canadian citizens. Only body shared by all canadians. Trudeaus charter of rights ended up in constitution;
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