Chapter 5 - Legislature

What is a Statute?

Primary form of legislation, also known as an act, written law passed by a legislative body such as Parliament

What is subordinate legislation?

Regulations and municipal bi-laws

What is the most powerful branch of government?

Legislative power

What is the definition of legislature?

Representative assembly charged under a constitution with making laws for a particular region or state

What is the separation of powers doctrine?

doctrine of power to which separate powers are assigned to the legislative, executive, and judicial branches of government

What legislative structure does Canada operate on?

Bicameral

How many bodies of government do unicameral and bicameral utilise?

Unicameral: Legislature has only one body

Bicameral: Has two bodies - with lower houses and upper houses

Which statutes make up the constitution of Canada?

- Canada Act 1982

- Statute of Westminster 1931

- Constitution Act 1867

- Constitution Act 1982 (includes supremacy clause (s. 52(1))

Which act outlines amendment procedure?

Constitution Act 1982

Who are federal statutes enacted by?

Parliament of Canada

How many houses are involved in enacting federal statutes?

Two houses: Senate (Upper) and House of Commons (Lower)

True or false?

New statutes can only be passed while Parliament is in session

True

How does each session in Parliament start?

Commences with a formal state opening, Governor General reads the Speech From The Throne

Who is our current Governor General?

Mary Simon

How long do most federal statutes take to enact?

1-2 years

What does it mean when a session of Parliament is prorogued

The session has come to a close

How many years after an election does the government have to pass their legislative agenda?

5 years

What sections hold the sources of federal power?

Sections 91, 93(a), and 95

Courts must determine what when deciding whether a statute is within jurisdiction?

The "matter" of the law

What are the 2 division of powers tests to determine constitutionality?

- Pith and substance

- Dominant purpose and effect

What are the steps that parliament takes to enact a law? What are some key points of each step?

1. First reading: Introducing a Bill, no debates occur

2. Second reading: Debated, preliminary vote held, no amendments made

3. Committee Review: Studied and refined, amendments made

4. Fourth reading: Final debate, house debates the bill again, vote to send to senate

5. Senate: Three more readings (steps 1-3 repeated if the bill starts in the House of Commons and vice versa)

6. Royal assent: Governor General gets monarch approval

7. Law is proclaimed and implemented

What is legislation?

Written laws by legislative assemblies

What term describes a statute that falls within the Constitution of Canada, set out in section 52 of the Constitution Act, 1982?

Constitutionally entrenched

What is the definition of jurisdiction?

Refers to subject areas over which the federal Parliament and the provincial legislatures have been assigned authority

What is the term coined to overlapping jurisdiction?

Double-aspect law

What is a bill?

A draft version of a proposed new statute

What is a public bill?

Bill dealing with a matter of public policy

What is a private bill?

A bill dealing with a private matter that relates, for example, to a particular individual, corporation, or charity

What are the two house classifications while creating bills?

1. C-bills; Bills proposed by House of Commons

2. S-bills; Bills proposed by Senate

How many readings do federal bills need to receive?

6 readings

What is quasi-legislative material?

Non-legislated written rules that relate to and affect a legal process

Define parliamentary sovereignty

The doctrine that Parliament has ultimate and complete power to pass any law