Role of Parliament and the Charter of Rights and Freedoms

These flashcards cover key concepts from the lecture on the role of Parliament in Canada and the Canadian Charter of Rights and Freedoms.

Parliament

A deliberative body in Canada composed of the Crown, the Senate, and the House of Commons.

House of Commons

The only democratic part of Parliament, where members are elected.

Crown

The hereditary position that represents the monarch in Canada's Parliament.

Legislative Power

The authority to make laws, historically controlled by Parliament over time.

Responsible Government

A principle where the executive (PM and Cabinet) must have the confidence of the elected House of Commons.

Golden Age of Parliament

A period where Parliament had full control over legislative power and dominated the executive.

Party Discipline

The practice where party members vote according to their leaders' directives, reducing Parliament's independent power.

Throne Speech

A speech delivered by the Governor General outlining the government's legislative agenda at the start of a session.

Backbenchers

Members of the House of Commons not in Cabinet or shadow cabinet, with limited power but several avenues for influence.

Federalism

A political system where power is constitutionally divided between national and provincial/state governments.

Equalization Payments

Payments made by the federal government to provinces with less fiscal capacity to provide public services.

Charter of Rights and Freedoms

A part of the Constitution that protects fundamental rights and freedoms of individuals in Canada.

Oakes Test

A judicial test to determine if a law limiting a Charter right is a reasonable limit under Section 1.

Notwithstanding Clause (Section 33)

Allows Parliament or provincial legislatures to override certain Charter rights for a limited time.

Judicial Review

The process by which courts interpret the Constitution and settle disputes between federal and provincial governments.

Conditional Grants

Federal funding that comes with specific requirements attached, influencing provincial policies.

Unconditional Transfers

Funds provided to provinces with no conditions, allowing for discretion on spending.

Section 52

Provision stating that any law inconsistent with the Constitution is of no force or effect.

Section 1

Allows for reasonable limits on Charter Rights, justifiable in a free and democratic ty.

Reading In.

A judicial remedy where the court adds missing words to a law to make it constitutional.

Exclusion of Evidence

A remedy in which evidence obtained in violation of a Charter right is excluded from trial.