poly sci march 9

Statements of Purpose and Values in the Constitution

  • Constitutions often include key principles such as:

    • Statements of purpose or values.

    • Blueprints for institutions.

    • Mechanisms to prevent tyranny and abuse of state power.

Discussion Prompt for Assignment C

  • Encourages students to reflect on what foundational elements they would include in a constitution for a democratic state.

  • Open-ended discussion to provoke critical thinking on constitutional design:

    • What essential protections and frameworks would be prioritized?

Key Themes in Constitutional Design

  • Participants suggest several critical components that could be included in a constitution:

    • Free Speech:

    • Importance of guaranteeing free speech rights.

    • Location in constitutional structure:

      • In Canada, it's detailed in the Charter of Rights and Freedoms.

      • In the U.S., it's part of the amendments to the Constitution.

    • Elections:

    • Fundamental to the democratic process.

    • In Canada, electoral processes are included under the heading of democratic rights.

    • Emphasized as essential for representative democracy.

    • Separation of Powers:

    • A principle that distributes government authority.

    • Integral to institutional design discussed in the context of governance.

Assignment C Considerations

  • Students should consider how to protect citizens from state overreach when drafting their constitutional framework.

Feedback and Overview of Anticipated Topics

  • Responses collected from participants include terms relevant to constitutional discussions:

    • Checks and Balances: Framework ensuring no single branch of government holds too much power.

    • Limits on Powers: Constraints to ensure governmental authority is not abused.

    • Rights: Protecting citizen rights remains a central theme.

Upcoming Seminar Plan

  • Wednesday Topic: Parliamentary vs. Presidential government systems.

  • Friday Topic: Federalism and the Canadian Charter of Rights and Freedoms.

    • Review of last-minute slides not covered previously.

Unit Three Quiz Details

  • Quiz Date: A week from the upcoming Wednesday, specifically not on November 4 as initially mentioned.

  • Weighting: The quiz accounts for 20% of the overall grade.

  • Format:

    • Combination of multiple choice and written answers.

    • Multiple choice section: 15 questions, 20 minutes given.

    • Long answer section: Write 1 paragraph in response to selected questions (3 out of 5).

    • Emphasis on clarifying both definition and significance of concepts discussed in class.

  • Expectations for written responses:

    • Clear definition of concepts alongside explanation of significance and reasoning for selected positions.

  • Options for answering:

    • Top Hat platform for multiple choice.

    • Blue books available for written answers, especially if using a mobile device.

Discussion on Reasonable Limits of Rights in the Canadian Charter

  • Charter's Scope:

    • The Canadian Charter of Rights and Freedoms applies solely to government actions.

    • Citizens can challenge laws infringing their rights in court.

    • Distinction made between the Charter and human rights codes governing organizations.

  • Reasonable Limits:

    • Section 1 of the Charter: Rights are not absolute and can be subject to "reasonable limits".

    • Governments have the onus to justify limitations on rights to be considered reasonable.

  • Oakes Test:

    • Developed to evaluate government actions infringing rights:

    1. Determine if a Charter right has been violated.

    2. Identify if the infringement is justified by a legitimate public goal.

    3. Assess if the limitation on rights is proportionate to achieving that goal.

Example Case: COVID-19 Pandemic Restrictions

  • Discussion on government-imposed restrictions during the pandemic:

    • Possible infringements on rights such as freedom of association and freedom of movement.

    • Assessment of governmental purpose to mitigate communicable disease spread.

    • Consideration of proportionality of government actions taken during the pandemic.

Section 33: Notwithstanding Clause Explained

  • Definition and Usage:

    • Allows legislatures to pass laws in violation of Charter rights, effective for 5 years unless renewed.

    • Governments have to expressly declare their enactment of the notwithstanding clause.

  • Examples of Application:

    • Alberta teachers' strike: Government invoked the clause for back-to-work legislation against teachers' rights.

    • Quebec's use of the clause to enforce religious symbols laws.

Implications of the Notwithstanding Clause

  • Political Consequences:

    • Localized use by various provinces (e.g., Saskatchewan with pronouns in education).

    • The controversy surrounding normalization of its usage across provinces.

Historical Context of the Notwithstanding Clause

  • Origins:

    • Designed as a compromise during the repatriation of the Constitution.

    • Aimed to balance the supremacy of Parliament with individual rights.

    • Resulted from tensions between federal and provincial interests, notably excluding Quebec.

  • Examples of Historical Tensions:

    • After Quebec felt excluded from the constitutional negotiations, they have actively tested the boundaries of the notwithstanding clause.

Legal and Systemic Concerns

  • Questions Raised:

    • Concerns regarding whether the use of the notwithstanding clause diminishes the significance of rights guaranteed under the Charter.

    • The relationship between provincial rights and federal authority regarding legislative prerogative over rights.

Summary of Key Points on the Structure and Function of the Canadian Constitution

  • Insights into how the constitutional framework can serve both rights protection and healthy governance.

  • Emphasis on the checks and balances within the system designed to uphold democratic values while safeguarding individual freedoms.