POL 151: Justice and Law - Class 1

Vocabulary flashcards covering Canada's hybrid constitution, branches of government, constitutional sources, key legal precedents, and major course assignments from POL 151.

Legislative branch (Canada)

The branch of government consisting of the Parliament of Canada (House of Commons and Senate) whose function is to pass laws.

Executive branch (Canada)

The branch of government consisting of the Prime Minister, Cabinet, and public servants who propose and enforce laws.

Judicial branch (Canada)

The branch of government consisting of federal and provincial appeal and trial courts that adjudicate disputes by interpreting laws and applying sanctions if laws are breached.

Constitution Act, 1867

A primary source of Canadian constitutional law that established the parliamentary system, the division of powers between federal and provincial governments, and the Québec Civil Code.

Constitution Act, 1982

A primary source of Canadian constitutional law that entrenched the Charter of Rights and Freedoms and recognized inherent Aboriginal rights.

Supreme Court Act 1875

A statute with constitutional effects that created the Supreme Court of Canada (SCC).

Supreme Court Act 1949

A statute with constitutional effects that established the Supreme Court of Canada as the final court of appeal.

Secession reference, 1998

A Supreme Court of Canada precedent establishing the constitutional duty to negotiate.

Confidence Convention

A political constitutional convention in Canada governing the selection of the Prime Minister.

Section 6 of the Charter

The section of the Canadian Charter of Rights and Freedoms that protects individual mobility rights.

Section 1 of the Charter

The section of the Canadian Charter of Rights and Freedoms that allows rights to be subject to reasonable limits justified in a free and democratic society.

Taylor v Newfoundland and Labrador

A court case involving a Nova Scotia resident who was denied entry to NL in May 2020 to attend her mother's funeral, examining whether COVID-19 entry restrictions infringed s. 6 mobility rights and if they were justified under s. 1.

Oakes test

A legal framework used by Canadian courts to determine whether infringements of Charter rights are justified under Section 1.

Written Assignment 1

A 4-page essay due Oct 26 requiring students to take a stance on one of three debates regarding the Canadian legal system.

Written Assignment 2

A 2-page case analysis due Nov 16 covering facts, legal issues, majority and dissenting opinions, paired with an in-tutorial closed-book response.