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PO 264 Review Notes

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Political Science
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04112014WEEK8PO264Ch17TheCanadianConstitutionCanada went through many attempts at Constitutional review after 1960 but stmost issues remained unresolved and spilled over into the 21 centuryoConstitutional issues are complexEg should the division of powers between Ottawa and the provinces be alteredWhere do aboriginals fitShould quebec be granted constitutional recognition as a distinct societyConstitutionoDefined asoThe whole body of fundamental rules and principles according to which a state is governed Provides for the basic institutions of govt relations between national and provincial govts and relations between govt and citizensIn other words the constitution provides a basic framework for the operation of the whole political systemCanadas constitution is different than other countries ie the US because it is not one written document called the ConstitutionoParts of Canadas constitution are written some are unwrittenPrinciple components of Canadian constitutionThe constitution act 1867Formal amendments to the constitution act 1867British statutesCanadian statutesThe constitution act 1982Judicial decisionsConstitutional conventionsThe Constitution Act 1867British North American Act renamed to the Constitution Act 1867It is the law passed by the British Parliament that joined Nova Scotia New Brunswick Ontario Quebec together as the new Dominion of Canadao4 provinces have expressed their desire to be federally united with a constitution similar to that of the United KingdomDoesnt provide much detail of provincial and judicial roles in govtAmendments to the Constitution Act 1867Formal amendments second ingredient of the Canadian ConstitutionSome important amendments includeoNew regime of federalprovincial grants establishedoNew distribution of senate seatsoTransferred ownership of natural resources to western provincesoAdded unemployment insurance to the list of federal powersoSee page 405 for complete listBritish Statutes and Orders in CouncilThird ingredientcomponent to Canadian Constitution oA collection of British statutes and orders in councilStatute of Westminister 1931 declared Canada to be totally independent of BritainAlong with Newfoundland and Labrodor Hudsons Bay British Columbia PEI and territories transferredadded to CanadaOrganic Canadian StatutesLaws passed by the parliament of Canada that are of special or quasiconstitutional statusInclude the 3 canadian statutes that carved provinces out of the northwest territories
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