G12 law test

3 sources of the consitution

1. Written laws

2. Statutes and court decisions

3. Conventions

Federal vs Provincial Jurisdiction

Federal = Big Picture Canada - country

• Criminal law

• Defence

• Immigration

• Banking

• Trade
  
  Provincial = Local Issues - community

  • Education

  • Hospitals/health care

  • Property

  • Municipalities

  • Civil rights

Intra Vires & Ultra Vires

Intra vires - in power

Ultra vires - beyond power

Pith and Substance Doctrine

Definition: A court looks at the true purpose and main effect of a law.

Used when:

• Federal and provincial governments disagree about who has authority.

Evolution of Canada's Constitution

1. Royal proclamation (1763)

2. quebec act (1774)

3. consitution act (1791)

4. act of union (1840)

5. bna act (1867)

6. statute of westminster (1931)

7. patriation of consitution (1982)

8. meech lake accord (1987)

9. charlottetown accord (1992)

10. quebec referndum (1995)
    
    RP → QA → CA1791 → AU → BNA → SW → PC1982 → Meech → Charlottetown → Referendum

Royal proclamation 1763

• Britain takes control after defeating France.

• Indigenous land rights recognized.

• English law introduced

Quebec act 1774

• French language, religion, and civil law protected.

Consitution act 1791

• Upper Canada (Ontario)

• Lower Canada (Quebec)

Act of union 1840

• Upper + Lower Canada united.

bna act 1867

Created Confederation:

• Ontario

• Quebec

• Nova Scotia

• New Brunswick

Created federal and provincial governments.

statute of westminster 1931

• Canada gains legislative independence from Britain.

patriation of consitution 1982

• Constitution brought home from Britain.

• Charter of Rights and Freedoms added.

• Canada can amend its own constitution.

meech lake accord 1987

• Tried to get Quebec to sign Constitution.

• Failed.

charlotte town accord 1992

• Another constitutional reform attempt.

• Rejected by voters.

quebec referendum 1995

• Quebec voted on separation.

• "No" won by a very small margin.

supreme court of canada

Highest court in Canada.

Hears:

• Important constitutional cases

• Significant criminal appeals

• Major civil appeals

Decisions are final.

provincial courts

Most common entry point.

Hear:

• Minor criminal offences

• Traffic offences

• Family matters (depending on province)

• Small claims

superior courts

Hear:

• Serious criminal cases

• Divorce

• Large civil disputes

court of appeal

Reviews decisions from lower courts.

federal court

Deals with federal matters:

• Immigration

• Tax

• Federal government disputes

• Intellectual property

bill of rights vs charter

A Bill of Rights limits government power to protect individual liberties

Charter of Rights provides broader protections, including equality and minority rights, and may allow for certain legal limitations.

when did the charter become law

1982 when the constitution was patriated

section 1 of the charter says:

Rights are guaranteed,

BUT

Government may limit them if the limit is reasonable and justified in a free and democratic society.

Why Must Government Justify Limits?

to prevent governments from taking away rights without a good reason.

The government must prove:

• The objective is important.

• The limit is necessary.

oakes test steps

1. is a charter right violated?

2. is the government’s objective important?

3. does the law actually help achieve the goal?, does it limit rights as little as possible?, do the beenfits outweigh the harm to rights?