First Conference Notes

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22 Apr 2012
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Government of Canada Sept 19th - Conference
Poli 221 Government of Canada
TA: Chris Chhim
Chris.chhim@mail.mcgill.ca
Office hours: Wednesday 230:330pm Leacock 432.
BNA Act, 1867
Constiution Act, 1982
Charter
Entrenched Laws
o Section 91 &92 division of powers between levels of
government.
o Section 92: Power to make policy or laws over healthcare or
education are enumerated.
o Section 33: Notwithstanding clause
Bill 101 referred to Supreme Court because it was
unconstitutional.
Loophole any province can go against judgement of
the Supreme Court for three years.
Cannot be used if it goes against certain sections of the
Constitution.
o Residual powers (what’s left over, federal government is
allowed to do so)
Non-Entrenched Laws
o Passed by federal parliament, semi constitutional status, no
authority behind them.
o Ex. Supreme Court Act (1949), Official Languages Act , Clarity
Act (2000).
o Conventions: Unwritten rules for a political conduct based on
tradition, custom, precedent.
Role of the PM, “responsible government” – PM
accountable to the other MP’s. Subject to certain things
if loses confidence of HOC, expected he will step aside.
Queen as a monarch. Section 9: role of the queen.
(norms)
Judicial Decisions: decisions courts make base don interpretations of the
Constitution
Ex. Reference cases
Relationships
Federal provincial relations
Between branches legislative, judicial, executive
Government and the people/ state and society.
Executive Government
Crown
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