Untitled Flashcards Set

What is the tension between Majority Views and Minority Rights in Canadian politics?

The tension refers to the struggle between the principle of majority rule and the protection of minority rights under the Charter of Rights and Freedoms.

What is Judicial Review?

Judicial review is the power of courts to interpret the Constitution and invalidate laws or government actions that violate constitutional principles.

What does the Dialogue Thesis propose?

The Dialogue Thesis suggests that the relationship between the judiciary and legislatures is collaborative, allowing courts and legislatures to engage in a dialogue regarding laws.

What is the difference between Judicial Activism and Judicial Restraint?

Judicial activism involves judges broadly interpreting laws to address social issues, whereas judicial restraint focuses on limiting judicial involvement to narrow interpretations.

What does Section 3 of the Charter guarantee?

Section 3 of the Charter guarantees the right to vote and to run for office in federal and provincial elections.

What is the Oakes Test?

The Oakes Test is a legal framework to determine if a law that violates a Charter right can be justified under Section 1.

What was the significant ruling in Sauvé v. Canada (2002)?

The Supreme Court ruled that denying prisoners the right to vote violated Section 3 of the Charter.

What are the basic mechanics of the SMP or FPTP voting system in Canada?

In SMP/FPTP, the candidate with the most votes in an electoral district wins, regardless of whether they achieve a majority.

What is Proportional Representation (PR)?

PR is an electoral system where seats are allocated based on the percentage of votes a party receives.

What is Mixed-Member Proportional (MMP) voting?

MMP is a hybrid electoral system combining FPTP with PR, allowing voters to cast two votes: one for a local candidate and one for a party.

What are the conditions for free and fair elections?

Free elections allow eligible voters to vote without intimidation, and fair elections ensure impartial and equal opportunities for all candidates.

How does FPTP exaggerate regionalism?

FPTP rewards parties with concentrated support, leading to overrepresentation of regional parties in specific areas.

What is the Majority-Making Bias of FPTP?

FPTP often produces outcomes where a party wins a majority of seats without securing a majority of the popular vote.

What does the term 'Electoral Reform Laboratories of Democracy' refer to?

It refers to subnational governments experimenting with different electoral systems to test their effectiveness.

What are the pros and cons of the FPTP electoral system?

Pros include simplicity and local representation; cons include disproportionality and wasted votes.

What does Section 121 of the Canadian Constitution entail?

It aims to ensure free trade between provinces by prohibiting tariffs or trade barriers.

What is Judicial Precedent?

Judicial precedent is the principle that courts should follow previous decisions in similar cases.

What was the role of the JCPC in Canadian law?

The Judicial Committee of the Privy Council was the highest court of appeal for Canada until 1949, shaping interpretations of the Constitution.

What is the purpose of an Economic Union?

An Economic Union eliminates trade barriers and allows free movement of goods, services, labor, and capital between provinces.

What are Trade Barriers and Tariffs?

Trade barriers restrict the flow of goods between provinces, while tariffs are taxes imposed on goods crossing borders.

What is 'Free Trade' in the Canadian context?

Free trade means the absence of tariffs or restrictions on goods and services movement between provinces.

What was the significance of the Comeau case in Canadian law?

The Supreme Court upheld a narrow interpretation of Section 121, emphasizing provincial regulatory authority.

What is the 'Principle of Federalism' in the Comeau case?

This principle divides powers between federal and provincial governments, ensuring both can operate autonomously.

What is the Canadian Free Trade Agreement (CFTA)?

The CFTA is an agreement between provinces to reduce trade barriers and promote economic cooperation.

What is Western Alienation?

Western alienation refers to the feeling of political and economic disenfranchisement experienced by many in Western Canada.

How does Western alienation differ from Quebec nationalism?

Western alienation focuses on economic grievances, while Quebec nationalism is driven by cultural and linguistic identity.

What were the main goals of the Reform Party of Canada?

The Reform Party advocated for decentralization, fiscal conservatism, democratic reform, and enhanced Western representation.

What are the trends in Western alienation over time?

Trends show varying degrees of alienation influenced by federal policies, particularly during pipeline disputes and elections.

What is #WEXIT?

#WEXIT is a movement advocating for Western Canada to separate from Canada, reflecting deep frustration with federal policies.

What is Fiscal Federalism?

Fiscal federalism addresses the financial responsibilities and resource distribution between federal and provincial governments.

What does Horizontal Fiscal Imbalance refer to?

It occurs when some provinces have a greater capability to generate revenue than others, leading to disparities.

What are 'Have' and 'Have Not' provinces?

'Have' provinces are economically strong and fiscally capable, while 'Have Not' provinces struggle to provide comparable public services.

What is the main objective of the Equalization Program?

The Equalization Program aims to ensure provinces can provide comparable public services at similar tax levels.

What is the Equalization formula?

The formula calculates equalization payments based on a province's fiscal capacity compared to the national average.

What is Fiscal Capacity?

Fiscal capacity is a province's ability to generate revenue from its economic activities and resources.

What are the pros and cons of the Equalization Program?

Pros include equity in public services; cons include resentment in 'have' provinces and potential disincentives for economic growth in 'have not' provinces.

What tensions does the Equalization Program create in Canadian politics?

Tensions arise from centralization versus decentralization, political disputes, and regional disparities.

What conditions exist on many Indigenous reserves?

Indigenous reserves often face inadequate living conditions, poor infrastructure, and systemic discrimination.

What is the Idle No More movement?

Idle No More is an Indigenous-led movement focused on protecting rights and advocating for environmental justice.

What are historical treaties in Canada?

Historical treaties were agreements between Indigenous nations and Canada, often violated, that establish rights and land use.

What is the Indian Act?

The Indian Act is legislation governing many aspects of Indigenous life, often criticized for its control and assimilation policies.

What was the White Paper on 'Indians'?

The 1969 White Paper aimed to abolish the Indian Act and assimilate Indigenous peoples but faced strong opposition.

What does 'Reconciliation' mean in Canadian politics?

Reconciliation is the process of repairing relationships between Indigenous peoples and Canadian society, addressing colonial injustices.

What are recent Indian Act reforms focused on?

Recent reforms aim to support Indigenous self-governance and empower communities beyond the constraints of the Indian Act.

What were the Residential Schools in Canada?

Residential schools were institutions aimed at assimilating Indigenous children into Euro-Canadian culture, causing lasting trauma.

What does the term Sixties Scoop refer to?

The Sixties Scoop describes the forced removal of Indigenous children from families and their placement into non-Indigenous homes.

What is Intergenerational Trauma?

Intergenerational trauma is trauma passed down through generations, significantly affecting Indigenous communities due to colonial policies.

What is the Child Welfare System?

The child welfare system aims to protect children from abuse but has disproportionately affected Indigenous children.

What is the significance of Jordan Anderson's case?

Jordan Anderson's case highlighted jurisdictional disputes preventing Indigenous children from receiving necessary care.

What does Intergovernmental Conflict on Service Provision refer to?

It refers to disputes between levels of government over the responsibility to deliver services to Indigenous populations.

What is Jordan’s Principle?

Jordan’s Principle ensures that Indigenous children receive access to public services without delays caused by jurisdictional disputes.

What is the role of Human Rights Tribunals in Canada?

Human Rights Tribunals adjudicate complaints of discrimination and violations but can face limitations in enforcement.

What is venue-shopping in the context of Indigenous rights?

Venue-shopping is the practice of choosing favorable forums to seek justice for historical injustices against Indigenous peoples.