Canadian Constitution and Role of the Courts

These flashcards cover key vocabulary and concepts related to the Canadian Constitution and the role of the courts in law.

Constitution

The supreme law of the land that describes how a country governs itself.

Canadian Constitution

A partly written and partly unwritten constitution that comprises the Constitution Act, 1867 and the Constitution Act, 1982.

Constitution Act, 1867

Legislation passed by the British Parliament that made Canada independent.

Constitution Act, 1982

The act that repatriated the Constitution to Canada, allowing the Canadian government to amend it.

Living tree doctrine

The principle that a constitution's meaning can evolve over time as society changes.

Federal powers

Legislative responsibilities outlined in section 91 of the Constitution Act, 1867, including trade, taxation, and criminal law.

Provincial powers

Legislative responsibilities outlined in sections 92 and 93 of the Constitution Act, 1867, including property rights and education.

Residual powers

Powers that remain with the Federal government over subjects not explicitly listed in the constitution.

Concurrent powers

Powers shared by both Federal and Provincial governments to regulate certain activities.

Charter of Rights and Freedoms

Part of the Constitution that sets out fundamental rights and freedoms for Canadians.

Section 1

The section of the Charter that allows for reasonable limits on rights and freedoms.

Notwithstanding clause

Section 33 of the Charter that allows Parliament or provincial legislatures to pass laws that may infringe on Charter rights.

Mediation

A form of Alternative Dispute Resolution where a mediator facilitates negotiations between parties.

Arbitration

A binding form of Alternative Dispute Resolution where an arbitrator makes a decision on a dispute.

Class action

A legal procedure that allows a group of individuals with similar claims to file a lawsuit collectively.

Balance of probabilities

Standard of proof in civil cases, meaning it is more likely than not that the claim is true.

Beyond a reasonable doubt

Standard of proof in criminal cases, requiring a higher level of certainty to convict.