PSCI 260 Exam Review
- 8 terms, 5 five. explain their significance.
- answers should be 5-6 sentences (no more). Give four points per question to get 4 points/marks.
- The Judicial Committee of the Privy Council - Canada's first supreme court, 1867-1949.Addressed division of
powers between federal and provincial government.
- BNAAct - first constitution of Canada when it became a nation.
Didn't provide for Supreme court. Characterized aboriginals/first nations as subject and not citizens. etc.
- Lord Durham: introduced responsible government in Canada, wanted to assimilate the French and Roman
Catholics into the l tradition, active union for upper Canada and the west
**These 3 will not be on the midterm! just examples.
Part two - use textbook:
- Three questions: answer one
-Answers must incorporate material from readings. You won't get penalized if you didn't but it‟s good if you do.
- 2-3 double spaced pages, focus on overall themes
- Constitutional evolution - how have they evolved. What was the first one? Dates. CCRF. British approach to
more individual approach, increase of US influence on society.
- Quebec Nationalism vs. aboriginal self-government. Both groups feel they are biased against.
Globalization: - Power of nation-state is in decline, a rise in multinational corporations and free trade
agreements (WTO, IMF), Confluence/Intergration of business, culture and technology, as globalization
increasing the power of the nation state decreases, very apparent in the developing world. Globalization plays a
key role in the development of Canada, as we rely heavily on exporting to other countries
TheApproaches to the Study of Politics From Lecture 1 Pluralist, Public Choice, ClassAnalysis, State-Centred
Responsible Government – Democratic core of the British system. Governor was instructed to choose his/her
advisers from a group of elected politicians that could command the confidence of the legislature. First
implemented in Nova Scotia in 1848. Responsible government is every legitimate session has a budget, throne
speech. The government needs the majority of politicians to support the budget, if they dont the government has
to step down
The English-French Compact – the canadian constitution is seen as a treaty or contract between the founding
provinces, between the English and the French. This theory does not include First nations. This contract doesn't
mean anything legally but everything sociologically. From a legal basis it is flawed, the provinces had to legal
right to enter into such a contract (power was since in the imperial parliment)
Peace, Order and Good Government – POG is the main part of the Canadian government, it allows the federal
government to do whatever it wants in the name of POG. EX. Trudeau enacted the war measures act under the
POG clause to fight against the FLQ. JCPC restrained the POGG act
Maurice Duplessis –An authoritarian Premier from 1935-1960. He taught the population that only he could
protect the French from evil external influences (such as Ottawa). He governed with 3 main allies: the Church,
farmers, and American capital. He was unconcerned about working conditions.
Jean Lesage/The Lesage Era – Ministry of Education and ministry of cultural affairs re-established. Social
services expanded (student loans and hospital insurance). Implemented Pension plan in Quebec and expanding
Evolution of the Quite Revolution – 3 stages – Stage 1: Intellectuals, school attendance, voting, utilities: the
government began to provide services. Stage 2: the churches influence lessens due to Maurice Duplessis
(introduced capitalism and said the government will now spent money on Quebecers and the development of the
country rather than the church. Increased political autonomy and more Capitalist policies are implemented. Stage 3: Francophone business class, Duplessis approach rejected, increased levels of government intervention:
The English are marginalized in Quebec and move to Ontario. The government continues to provide strong
Charter of the French LanguageAct/Bill 101 – Only French language versions of statutes and legal judgments
are valid. Companies with 50+ employees required to use French.Access to English schools restricted to
children whose parents received an English Education. Most divisive policy introduced on language. It struck
English from everything in Quebec.
Linquistic tensions in Quebec – Anglophone dominance under increasing scrutiny, Immigration and language
issues, Language of educational instruction, immigrants preferred to learn English. Gendron Commision:
French should be the primary language of Quebec.
Agness Macphail/Martha Black/Ellen Fairclough
Person's Case – declared women to be “qualified women.” The decision by the Judicial Committee of the Privy
Council that determined that women were persons for the purposes of appointment to the Senate.
Introduction of Birth Control
M.V. H – 1999, Equality for gay and lesbian couples. The exclusion of same-sex couples from the definition of
common-law spouse violates equality rights. The ruling did not affect the legal definition of marriage but
applied only to cohabiting partners in a common-law marriage.
1929 Old age Pensions Act
Royal ProclamationAct 1763 – First Constitution of Canada, Provided protections for the French in Canada
(cultural, linguistic, legal), In reality the situation was quite different as French Catholics were to be excluded
from governing positions and try to be assimilated in to the British Ethos
ConstitutionAct of Canada in 1982
July 1, 1867 – Dominion of Canada is born
1969 White Paper –An policy paper that tried to encourage First Nations groups to assimilate into Canadian
culture. This has been called a genocide of aboriginal culture. This set in place the Residential school system.
White Paper was introduced by Jean Chretien and Pierre Trudeau. Dismantled the estiblished legal relationship
between the state of Canada the First nations peoples in favour for equality. They thought by not recognized
“Indian” as a legal status then equality amoung Canadian would result
Elijas Harper – First Nations Chief in Manitoba and a Canadian Politician. He was key in the rejection of the
Meech lakeAccord which was a attempt at Canadian constitutional reform.
The Charlottetown Conference – Division of legislative power, Residual power resides with federal legislature.
Federal and provincial powers each have different powers. Two-Chamber federal parliament, a elected lower
chamber and a appointed upper chamber (house of commons and senate). Acentral government that would take
over provincial debts and various assets. Gaave power to the central government.
The Quebec conference – Detailed “exclusive” legislative powers for federal and provincial governments.
Peace, Order and Good governance established (section 91 and 92 of the constitution act)
1. Constitutional Evolution
Key constitutional moments: Royal Proclamation (1763), QuebecAct (1774), ConstitutionalAct (1791),
Durham Report (1839),Act of Union (1840), BNAAct (1867), and the ConstitutionAct (1982).
It was a time of political evolution in Canada. These moments moved further away from England and
more independent as they went on.
1759 British conquest of Quebec
The Royal Proclamation of 1763 was the first distinctively Canadian constitutional document, created
by the British colony of Quebec to protect the interests of theAboriginal peoples. Provided protection
for the French in Canada (Quebec) in terms of their culture, language, and legal protections. However,
the reality was different – the French were excluded from government arrangements and the French-
speaking Catholics were assimilated into the “British Ethos”. The Quebec Act in 1774 provided a new set of government institutions. It was designed to contain
revolutionary tendencies that were emerging in theAmerican colonies. The policies of assimilation
discontinued and it established a council that advised the Governor of the colony. Roman Catholics had
freedom of religion and could be appointed to the council, and a civil law legal system was retained in
The Constitutional Act of 1791 divided the colony in two: Upper Canada (Ontario) and Lower Canada
(Quebec). Each had a governor, executive council, appointed legislative council, and locally elected
assembly. There was „greater diversity‟in electoral candidates.
o The elected assembly of each colony represented the views of the people but they had no real
power over the appointed council – Britain wanted the governor to do its will, not that of the
local assembly. This lead to rebellions that erupted in 1837 in both Upper and Lower Canada.
The British government sent Lord Durham to investigate.
The 1839 Durham Report was a blueprint to solve the problems of the assembly-executive relations, and
recommended measure that would establish a permanent system of improved government. He had two
o Create a more democratic form of government responsible to the elected legislature
o Reunite Upper and Lower Canada as a single colony. This was partly a last attempt by Durham
to submerge and assimilate the French-Canadians which is why the French revile Durham to this
The colonies were amalgamated by the 1840 Act of Union (Durham‟s vision, designed partly to
assimilate the French). British Parliament passed legislation for a united province of Canada: Canada
East (Quebec) and Canada West (Ontario). Both jurisdictions would have equal representation,
regardless of population which was critical for Canada East/Quebec. English didn‟t remain the sole
language of government operation for long, the assimilation of French was not successful and French
was recognized as an official language of legislature. The United Canada did not succeed because there
was no central authority, separate legal structures, no effective legislation set in place and mutual distrust
on either side.
The colony of Canada (Ontario and Quebec) and Nova Scotia and New Brunswick were officially united
on July 1, 1867 by the British North American Act (BNA Act), later renamed the ConstitutionAct, 1867.
Soon Canada acquired Rupert‟s Land from the Hudson‟s Bay Company and eventually the other
provinces were added to make what Canada is today: 10 provinces and 3 territories.
Amajor change since the central institutional structure was established in Canada in 1867 was the
adoption of the Charter of Rights and Freedoms in 1982. This part of the ConstitutionAct (1982)
guaranteed fundamental freedoms and rights (legal, democratic, linguistic, mobility, egalitarian, and
limitedAboriginal) to individual Canadian citizens.
Principles of the Canadian Constitution
Responsible government: a form of government in which the government/political executive needs a
majority of politicians to support it, if they don‟t they don‟t ge