Sections in Constitutions, acts and statutes

Constitution Act of 1982

• Part I, Charter of rights and freedoms
    * S15= equality rights (treatement and benefits cf. pregnancy and unemployment)
    * S15(2)= national origins, sex, religion, color, age, disbility etc.
    * S16= official bilingualism
    * S23= minority language education
    * S27= multiculturalism
    * S28= notwithstanding close on sex/gender (guaranteed, cannot be changed no matter what)
    * S33=notwithstanding clause on S2, 7-15 is the default amendment rule (Gen amendment rule, weak form juridicial review)
• Part II, Aboriginal and treaty rights (constrained by and junior to Canadian sovereignty, so amendable)
• Part III, Equalization and regional disparities, S36 = equalization transfers
• Part V, S38 = General Amendment rule (7/50)
• Part V, S41= unanimity rule
• Part VII, General, S52 = Constitution is the Supreme law of Canada (strong form juridicial review)

Jean Chretien Statute 1996

Rule of the 5 regions: fed won’t use veto on 7/50 rule if QC+ONT+BC+ 2 prairies (w/50% pop aka AB) + 2 Atlantics (w/50% pop) = law in parliament but not in Constitution

Unemployment Insurance Act (1940, amended in 1971)

• After 1940 BNA amendment to S91(2a) to make work the federal’s responsability bc the prov are too broke
• Insuring for men
• 1971= amendment for women
    * S30= have to have worked a min of 10 weeks after begining of preg
    * S46 if eligeable under S30, no benefits 8 weeks before and 6 weeks after baby (14 weeks)

Immigration Act (1910, then revision in 1952, then amended in 1976)

• 1910 = racist policy
• 1952= Race and national origin are no longer listed in prohibited categories
    * S39= courts can’t review deportation decisions
    * S61= power to make regulations (huge executive discretion to implement policy one way or another aka can make policy totally racist or on the contrary, power to exclude or include on many characteristics)
• PC1953-2856= minister can make admission decisions in cases of exceptional merit
• 1976= legislators barred from using race or national origin as a basis for political implementation, universalism entrenched in legislation.

Lobbying Act (2008)

A lobbyist is payed to communicate with a public office holder on behalf of any person or organisation with respect to the development of any legislative proposal, making or amendment of regulations, development of public policy or programs etc.