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POLS 1400 - Exam Review

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University of Guelph
Political Science
POLS 1400
Nanita Mohan

POLS – Final Exam Review Week 7 – The Judiciary and the Constitution: Lecture: Law – a rule of conduct or procedure established by custom, agreement, or authority Constitutional Law – deals with the rules, practices, and institutions which constitute the state Common Law – the rules developed by the courts and based on the principle of stare decisis (precedent) Civil Law – the law of Ancient Rome, especially that which applies to private citizens; judgements are based on codified principles rather than on precedents (group/collective rights) Courts in Canada: Federal Court of Canada o Heard cases of taxation, patents, copyrights, and administration Supreme Court of Canada o 9 justices appointed by the Prime Minister, the highest court for civil, criminal, and constitutional cases • 3 of the 9 justices must come from Quebec BECAUSE they are experts in civil law • Justices cannot be fired and can sit as a justice until 75 years of age • Decisions are final; can’t be overridden The Constitution: The whole body of fundamental rules and principles according to which a state is governed. It establishes order and allows for the peaceful resolution of conflict in society. Politics allocates power, courts rule the allocations. A constitution must always be universally accepted There are 2 types of constitution: 1. Written: BNA act, the CCRf (1982) 2. Unwritten: constitutional conventions (powers of the GG) responsible government, powers of the PM The Charter of Rights and Freedoms: (1982) o S. 2 = fundamental freedoms (expression, religion, speech, peaceful assembly) • Association applies to everyone within the country even if they aren’t a Canadian citizen • These are the freedoms that no one can take away from you o S. 3-5 = democratic and mobility rights (the right to vote, mobility rights) • Only applies to Canadian citizens o S. 7 = life, liberty, and security of the person (overused as a defense) o S. 7-14 = legal rights (search & seizure, cruel and unusual punishment, speedy trial/trial by jury) o S. 15 = equality rights (protection from discrimination, under the law) • Giving more leeway to a minority/specific group as opposed to making everything EQUAL for everyone o S. 16-22 = language rights (minority education rights – main 2 languages, English and French) o S. 24 = judicial review (diminished the power of government) • The power of the court to determine the actions of other branches of the government are constitutional or not o S. 25-30 = identifiable groups • 25 = aboriginal rights – defines the word aboriginal • 35 – recognized treaties o S. 33 = notwithstanding clause – allows government to override certain provisions of the charter except: 1. Language rights, 2. Democratic rights, 3. Minority rights Positive Rights: o Education (social rights, not in the CCRF – in human rights acts – provincial) o Not found in CCRF Negative Rights: o Rights – because they’re limiting o Only negative rights are in the charter Top 10 Decisive Decisions by the Courts on Charter Cases: 1. 1894 – Skapinker: Ontario law did not violate ‘mobility rights’ o Moved to Canada for law school, couldn’t get hired because he wasn’t a Canadian citizen, said it was an infringement of his mobility rights – WRONG – he only tried to get employment in ONT (first cade ruled by the Supreme Court of Canada) o Exact same case in B.C, used equality rights as a defence (minority because he’s an international student) he won o Ex. female vs. male prison guards in the bathrooms – women won (s. 15) – male didn’t because men aren’t a minority 2. 1985 – Singh: provided refugees the right to a full and oral hearing because of fundamental justice o Cruel and unusual punishment if they get sent back 3. 1985 – Big M Drug Mart: struck down the lords day act on Sunday shopping as a violation of ‘freedom of religion’ o The case the allowed for businesses to be open on Sunday’s 4. 1986 – Oakes Test: established guidelines for interpreting the ‘reasonable limits’ clause (s.1) o Used to determine if something is within reasonable limits clause 5. 1988 – Morgentaler: outlawed criminal code restrictions on abortion employing the ‘security of the person’ clause – the clause that said women couldn’t get abortion is an infringement of s.7 o They won, BUT they failed to define a fetus – issue of the child’s rights not a human until its born – however, many Dr.’s won’t perform an abortion after 3 months as it’s not safe o Motion 408 – parent sex selection abortions – not supposed to reveal the sex until after it is no longer possible to perform an abortion 6. 1990 – Keegstra: told students the holocaust didn’t happen 7. 1992 – Butler: allowed for porn and sexual expression to be legal (no non-consensual violence) 8. 1993 – Rodriguez: concluded that ‘security of the person’ does not include the right to assisted suicide (Dr. or no Dr. = illegal; can be charged for attempting) 9. 2001 – R v Sharpe: violation of freedom of expression 10.2005 – Chaouli v. Quebec: S. 7 o Patient was immobile, wanted to pay Dr. to do house visits, Quebec said no because we don’t have the option to seek private health care Human Rights Act: o Charter – establishes the relationship between citizens and the state (under the law) o Human Rights Act – establishes the relationship between citizens and state, citizens and each other • Social rights not in the charter – shelter, education welfare Canadian Human Rights Act: o Prohibited grounds of discrimination • Face, nationality, ethnic orgin, colour, religion, age, sex, sexual orientation, marital status, family status, disability, and conviction for which a pardon has been granted Week 8 – Language Rights and Quebec Nationalism: Lecture: Language Politics: o Quebec’s Quiet Revolution – French became a huge focus o The Royal Commission of Bilingualism and Biculturalism (PM Pearson) – B&B (Bilingual and Biculturalism) o Official Languages Act (Trudeau) – act became law = Bill 120 made French and English languages of Canada o Language Rights in Charter (s. 16-23) • Declare English and French to be the official languages of Canada • Givens linguistic minority groups to the right to educate their children in their language • New Brunswick is the only province that is officially bilingual o Bill 101 – The Charter of French Language • Applicable in Quebec restricts Anglophones in English speaking schools in Quebec • Any business with 50 or more employees must operate in French only • Declared that French was the only sole language in Quebec • Prohibited signs in any language but French (notwithstanding clause) – been changed Separatists Parties in Quebec: o Parti Patroite – Mercier o Union Nationale – Duplessis o Parti Quebecois – Levesque – Nationalist o Action Demonratique Du Qc 9 ADQ – Dumont – autonomist All parties in Quebec have has separatism in their main agenda The Quiet Revolution: o To make the government of Quebec the major force behind Quebec’s social and economic development by greatly increasing the role of the state in both of these sectors o To modernize Quebec’s educational system and to allow it to catch up to the other provinces in Canada o To weaken the influence of the church and to end Quebec’s political isolation o Jean Lesage used language as a prosecutor to make it more heard Constitutional Politics in Canada: **Quebec still has not signed the constitution o Asymmetrical federalism • Quebec recognized as a distinct society • Increased power over immigration • Provinces are to be treated differently – one province has more autonomy over the other o Decentralization • Even though Quebec has all their own power, federal government wanted some power Textbook: o Primary cleavage in Canada was between the English and French speaking populations Ethnic Origin – the ethic or cultural groups to which an individual’s ancestors belonged Multiculturalism – postulates that within the context of Canadian citizenship and economic and political integration, ethic customs and cultures should be valued, preserved and shared Subcultures – cultural grouping within a state First Nations – there are 600 bands or first nations; people who live on reserves Comprehensive settlements – determine land and money settlements, clarify native hunting, fishing and trapping rights and clarify future economic development of disputed land Regionalism – implies a socio-psychological dimension in that the population displays an emotional identification with or attachment to a given territory Nationalism – the collective action of a politically conscious ethnic group (or nation) in pursuit of increased territorial autonomy or sovereignty Sovereignty-association – political independence but with economic association (Quebec) Week 9 – Aboriginal Issues: Lecture: Aboriginal Issues: o Aboriginal – a descendant of any of the indigenous peoples who inhabited Canada before the arrival of European Settlers; refers to 3 distinct groups 1. First nations 73% (most attention); 2. Metis 23% (neglected, Indian act does not apply, no act or policy, seen as only half first nations); 3. Inuit 4% (Nunavut became a territory occupied by the Inuit) o most original population = Ontario; least = P.E.I; approx. 4% of total Canadian population; approx. 614 reserves in Canada • bands = body of Indians – led by a chief and counsellors – similar to municipalities – closest thing to a self-governing community o 1850 – 1929 = 11 numbered treaties • Gave federal government almost complete control over land o 1867 = BNA – Federal Responsibility • Solidified federal control o 1876 = Indian Act – Status Indians • Created reservation system, status vs. non-status, land etc… • For almost 100 years no policies were made for aboriginals o 1969 = White Paper • Failed because they didn’t consult with the native community • It sought to end all collective rights, all protection of reservation land, all legal status of status Indians • Natives responded with a ‘red paper’ o 1975 = James Bay Agreement • Cree community o 1977 = Berger Inquiry • First case that favoured the first nations community o 1982 = Constitution Act – Charter • Added 2 sections, 25 & 30 – define the word aboriginal o Late 1980’s = First Minister Conferences o 1990 = Oak Crisis (Mohawk) o 1991 = Royal Commission (Aboriginal people [RCAP]) • Renewing partnerships, strengthen self-governance, developing fiscal relationships, the northern agenda o 1995 = Ipperwash – Dudley George o 1996 = Statement of Reconciliation and Truth o 1999 = Creation of Nunavut o 2000 = Nisga Treaty • First comprehensive self-governing agreement o 2001 = Communities First o 2006 = Calendonia o 2011 = Attawapiskat Status Indians: o Bill C31 = amend Indian Act o Marriage and status •
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