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Lecture 4

SOSC 2350 Lecture Notes - Lecture 4: Constitution Act, 1982, Parliamentary Sovereignty, Judicial Activism

Social Science
Course Code
SOSC 2350
Annie Bunting

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The Canadian Constitution & the Charter
Constitutional Law: the la presriig the eerise of poer  the orgas of a “tate. It eplais hih
organs can exercise legislative power, executive power, and what the limitations on what those powers
Etrehed La
Constitutional Law is entrenched legislation, meaning that it can only be changed by a specific
amending, formula (only is there is agreement from the federal govt and every provincial govt)
Constitution Act, 1867
Also known before 1982 as the British North America Act or BNA Act
Unites then-existing four provinces of BNA as the Dominion of Canada
Sets out the basic structure of Canadian govt
Divides powers between the Federal and Provincial levels of govt (ss, 91, 92)
Canada has a federal system of govt
Canadian Bill of Rights
Before the Bill of Rights and the Charter existed, Canadian courts tried cases in which certain
statutes were alleged to violate fundamental freedoms. In the absence of legislation specifically
related to rights and freedoms, the SCC based its decisions on either the exclusivity of federal
poers of the peae, order, ad good got lause i s. 91 of BNA At
Constitution Act, 1982
Added aedet forula Patriatio of the Costitutio
Added Charter of Rights and Freedoms
Added an explicit constitutional recognition of treaty rights for aboriginal people of Canada
*ot aepted  Quee ad as adopted oer Quee’s ojetios
The Charter
s.1: Rights guaranteed subject to reasonable limitation**
- sets out a two-part test to determine whether federal or provincial law can override a
constitutional guarantee of protection within the Charter
- 1st the Federal or proiial states’ liits o rights ust e reasoale;
- 2nd courts bust be satisfied that the limits are demonstrably justified in a free and
democratic society
s.2: Fundamental Freedoms
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