Political Science 3332F/G Lecture Notes - Lecture 8: Constitutionalism, Canadian Human Rights Commission, Judicial Restraint
3 Feb 2019
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Document Summary
Effect of the charter on the scc and executive in regards to federalism. Federalism and the ccrf/scc: provinces historically suspicious of ccrf and scc. Provinces in the 60"s and 70"s looked at any federal initiatives as a way to take provincial power/central power. Ccrf looked at as an attempt to centralize power, especially by quebec and the west. Imposing national standards on the provinces, taking away their jurisdiction in property, education etc. Secession reference 1998 (macivor 9-10) federal government asks scc to judge the constitutionality of. We have a constitution and each of these. Constitution had an amending formula - change must be an orderly process. Not declare independence and secession had to be done in an orderly manner through the amending formula, if the province did it in any other way it would be unconstitutional. If a province did have a vote to secede, the rest of canada could not ignore such a vote.
