SOSC 2350 Lecture 4: The Canadian Costitution and Charter
Document Summary
Constitutional law: is the law prescribing the exercise of power by the organs of a state. It explains which organs can exercise legislative power, executive power, and what the limitations on those powers are. Constitutional law is entrenched legislation, meaning that it can only be changed by a specific amending, formula (only if there is agreement from the federal government and every provincial government) Also known, before 1982, as the british north american act or bna act. Unites the then existing four provinces of british north america as the dominion of canada. Sets out the basic structure of canadian government. No amendment formula: the constitution act was an imperial statute and could only be changed by act of the uk parliament in westminster r. Limited constitutional recognition for the rights of native peoples. Before the bill of rights and the charter existed, canadian courts tried cases in which certain statutes were alleged to violate fundamental freedoms.
