POLS 211

Final Exam Guide Fact Key

Module 2.1

The British came to rule over French-speaking settlers after the Seven Years War. The French were defeated and ceded their North American territory to Britain in the Treaty of Paris (1763).
Assimilation is the process of forcing the dominant culture on minority groups. Accommodation is allowing cultures to coexist respectfully.
Britain approached the Acadians with hostility because they refused to pledge allegiance to the Crown. The British saw this as a threat as the Acadians were likely to side with the French, so they were forcibly removed from their lands.
Britain approached French Canadians more neutrally because they made up most of the population in Quebec; they needed the population's alliance to fight off American threats and their connection to the fur trade company.
The Articles of Capitulation were significant military agreements that formalized the surrender of French forces in New France to British forces.
The Treaty of Paris ended the Seven Years' War, and France formally ceded New France (its North American territories) to Britain.
The Lord Durham Report was a report from Lord Durham stating that uniting Upper and Lower Canada would strengthen national unity after the Rebellions of 1837 and 1838. It addressed the need for political reform and evolution.
The goal of the Bi and Bi Commission was to study the relationship between English—and French-speaking people in Canada. It examined the state of bilingualism and biculturalism in Canada and recognized inequalities within the broader society.

Modules 2.2

General Amherst approached Crown-Indigenous relations with hostility as he believed that Indigenous were obstacles to European expansion.
What prompted Pontiac’s war was the disrespect by the British for their autonomy as nations. It set the stage for ongoing conflicts between the Indigenous and the Crown.
The Royal Proclamation was a document issued by the British Crown to manage newly acquired territories, regulate settlement, and establish relations with Indigenous peoples.
The Treaty of Niagara (1764) was a landmark agreement that solidified peace and alliances between the British Crown and Indigenous nations after Pontiac’s war. It was one of the first times a nation-to-nation relationship was emphasized between them.
Post-Confederation assimilatory policies included the Indian Act, the residential school system, enfranchisement, the pass system, and land dispossession.
Colonial power was used to keep assimilatory institutions in place through legislation, residential schools, denial of rights and citizenship, language and culture suppression, land dispossession, and economic dependency.
Unceded territory refers to land that Indigenous peoples have never formally surrendered or relinquished through treaty or other agreements. Sovereignty refers to the authority and right of a nation or people to govern itself without external interference. Refers to the respectful and equal relationship between Indigenous nations and colonial or settler governments based on mutual recognition, coexistence, and agreements (such as treaties). Refer to the rights of Indigenous peoples that are recognized and affirmed in Section 35 of the Canadian Constitution Act, 1982 (was used as an oppressive tool).

Module 2.3

The head of government is the Prime Minister, while the head of state is the monarch, currently represented in Canada by the Governor General.
The Governor General's duties include appointing the Prime Minister, summoning

parliament, and giving Royal Assent to Bills.

The King-Byng affair began when Lord Byng denied Mackenzie King’s request to dissolve the government. This incident highlighted the debate between the Governor General's political power and ceremonial role.
A group of Canadians sought to invalidate Mary Simon’s appointment as Governor General because she did not speak both official languages of Canada (French and English).
The arguments around the Governor General being able to speak both official languages are that they need to represent the diverse population of Canada, properly engage in ceremonial and diplomatic duties, and promote inclusivity and accessibility.
The Governor General is exempt from Section 18 of the federal courts because constitutional conventions, not statutory law, define their role.
Balan argued that the debate about Canada being truly bilingual centers on challenges in implementing bilingual policies, particularly outside Quebec, where French language rights might still need to be fully realized or protected.

Week 2 Class

The goals of the Official Languages Act (1969) were to make French and English the official languages of Canada, foster bilingualism, and ensure equality in government services related to language rights.
Bill 101 aimed to make French the official language of Quebec through language in education, the workplace, signage/advertising, government affairs, etc.
Bill 96 addressed the contemporary challenges and ensured the continued vitality of Canada’s official languages.
The debate regarding whether Canada is genuinely bilingual revolves around whether the Official Languages Act, entrenching both French and English languages, was enough or if the unequal implementation across regions undermines it.

Module 3.1

Responsible government emerged in the Canadian context to respond to public criticism, demands for self-governance, and political unrest.
A lack of political reform in Upper and Lower Canada prompted the rebellions of 1837 and 1838. Key individuals included William Lyon Mackenzie and Louis-Joseph Papineau.
The five conventions of responsible government include the following: Crown acts on the ministers’ a; vice, the ministers must b; MPs, collective cabinet responsibility, the confidence of the house, and government accountability to the legislature.
The significance of ministers' “advice” in the context of convention refers to the unwritten principles that govern the relationship between the executive and the monarch. Their advice to the Governor General is key to keeping a responsible government.
Cabinet ministers are typically appointed by the Prime Minister from the elected members of parliament (MPs), generally from the ruling party or coalition in the House of Commons.
Collective responsibility is a convention that asserts all Cabinet members must publicly support the government's decisions or rulings.
The four conventions for forming a government are determining a leader, testing confidence, resigning when confidence is lost, and appointing a new leader.
The convention requiring the “confidence of the house” means that the party in control of the government needs to have enough support to remain in power.
The government is responsible for the House of Commons, not for the people, because the House of Commons consists of elected Members of Parliament.
Majority governments are more responsible because they have more party support in the house. Minority governments are less responsible because they have less guaranteed party support and may rely on the support of another party.
Party discipline is the requirement that members of parliament vote along party lines.

Module 3.2

In the 2017 British Columbia election, previous incumbent Kristy Clark was given the first opportunity to form a minority government. She later lost confidence as the NDP and Green Party made a coalition agreement. The NDP formed a minority government with the Green Party alliance.
The four conventions apply because a leader is determined, confidence is tested, Clark resigns after she loses confidence, and a new leader is appointed.
In the 2018 New Brunswick provincial formation of government case study, previous incumbent Gallant was given the first opportunity to form a minority government. In a vote, he lost confidence in the government, and the PC leader Higgins formed a minority government (additional support from the People’s Alliance).
The four conventions of government apply to the New Brunswick case because a leader was determined, confidence was tested, Gallant resigned when confidence was lost, and a new leader (Higgins) was appointed.

Module 3.3

The formal definition of Confederation is uniting British North American colonies into a federal system under one government in 1867.
The most common arguments for Confederation are that it would protect the country from external threats, provide economic stability, and promote political unity.
Common arguments against Confederation are that it would undermine provincial autonomy and control.
Decentralized federalism was not considered viable at the time of Confederation because the recent American Civil Wars instilled fears of the consequences of weak centralized power.
The British North America Act (1867) created Canada’s constitution and defined the roles of federal and provincial governments.
A dominion is a self-governing colony under the British Crown with autonomy in internal affairs.
Canada inherited multiple conventions, including the constitutional monarchy, where the governor general represents the monarch and acts on the prime minister's advice, and the Westminster parliamentary system, which features responsible government and cabinet solidarity.
The BNA Act (1867) outlines Canada’s legislative and executive roles. The legislative branch comprises the House of Commons and the Senate, which are responsible for making laws. The executive branch includes the Governor General, who represents the monarch, and the Prime Minister with the Cabinet, responsible for implementing laws.
The initial stage of federalism adopted by the Canadian state in 1867 was a highly centralized federal union.
State actors try to promote specific rhetoric about historical events when they use public space for statues or memorials.
In the context of Sir John A. Macdonald, many argue that those harmed by his policies, particularly Indigenous peoples, should have a role in deciding what gets remembered because his legacy includes controversial actions such as the implementation of policies that contributed to the marginalization and displacement of Indigenous communities, such as the Indian Act and the establishment of the residential school system.

Week 3 Class

Prorogation is the formal suspension or end of a Parliament session by the Governor General on the advice of the Prime Minister. It halts all parliamentary business, including debates, committee work, and bill passage, until the next session begins.
Dissolution is the formal end of a Parliament session, which triggers a general election. The Governor General typically dissolves Parliament on the advice of the Prime Minister.
The 2008-09 prorogation crisis revolved around the Governor General allowing Steven Harper to prorogue the government at a time when opposition parties were threatening he would lose confidence. This decision was heavily controversial because when parliament was resumed, and Harper proposed a new economic plan, he gained confidence and was allowed to continue to lead the government.
The fixed election legislation at the federal level in Canada refers to the Federal Elections Act amendments, which established a fixed schedule for general elections. Enacted in 2007, it set the date for federal elections to occur every five years on the third Monday of October. In practice, the law has been followed. Still, there have been instances, such as the 2015 and 2019 elections, where the Prime Minister had opted to call an election earlier, especially when political circumstances made an early election favorable.

Module 4.1

A unitary system of government centralizes power in a single government, while federal systems divide power between national and regional governments.
A federal union was chosen for Canada to balance provincial autonomy with national unity.
Federal and provincial governments coexist, with provinces having jurisdiction over healthcare, education, and social welfare and federal having jurisdiction over foreign policy, trade, defense, and taxation.
The five reasons include defense, economic union, regional diversity, political stability, and managing cultural differences.
During the creation of the Confederation, the federal government controlled trade, defense, Indigenous rights, immigration, and foreign affairs. The provincial was in charge of education, municipal institutions, property and civil rights, and natural resources.
The federal power of disallowance allows the federal government to invalidate laws made by the provincial government. It has rarely been used since the early 20th century.
Three factors catalyzed significant changes in Canadian federalism: the Great Depression (economic), World Wars (social pressures), and the Quiet Revolution (Quebec nationalism).
Federalism's eras include centralized federalism (dominance in the federal government), classical federalism (greater balance between provincial and federal governments), cooperative federalism (collaboration between governments to address post-war reconstruction and social welfare needs), executive federalism (dominance of intergovernmental negotiations between government leaders), and collaborative federalism (emphasis on partnership and agreement between governments).
Fiscal federalism involves revenue distribution between governments and has three branches: equalization payments, transfers for programs, and tax coordination.
Challenges with federalism in Canada include jurisdictional disputes, regional needs, and adapting to social and economic conditions.

Module 4.2

Bilateral refers to the government's relations with one province, while multilateral refers to the government's relations with multiple provinces. Multilateralism is related to Canadian federalism because it provides numerous ways for the different levels of government to interact.
Federal spending power is the ability of the federal government to spend money in areas outside of its constitutional jurisdiction to influence provincial programs.
The three views are supportive (for national unity), restrictive view (undermines provincial autonomy), and conditional (should be used with strict limitations).
The eras of federal spending power include pre-confederation to 1867 (minimal spending power due to the limited scope of government activities), post-confederation to 1930s (limited use as provinces held more control over local programs), 1930s to post-war (major expansion of spending power), post-war growth 1945-1980s (rapid expansion of federal transfer particularly in health care, education, and social services), 1980s to present (increasing decentralism and focus on cooperative federalism)
The nature of abortion jurisdiction has transitioned from federal to provincial through healthcare.

Module 4.3

Section 35 of the Constitution Act (1982) affirms Aboriginal and Treaty Rights, including Indigenous people.
Challenges for Indigenous include limited self-governance, jurisdictional disputes, and inequitable source allocation.
Quebec helps understand Indigenous federalism because it demonstrates how a distinct nation can coexist with a federal system.
A nation-to-nation model recognizes Indigenous sovereignty. New Brunswick is in the early stages of implementing such frameworks. British Columbia offers a more advanced model, demonstrating how legal and policy innovations can promote genuine partnerships (Burrows et al. 2021).
McCormick (2023) argues for a Canadian federalism model that meaningfully incorporates Indigenous nations as distinct, self-governing entities within the broader framework of Canadian federalism.

Module 6.1

A political party is a group of individuals with the same values, beliefs, and political ideologies. Their primary purpose is to compete in elections to gain control of government institutions, influence public policy, and implement their vision for society.
The primary federal parties are the Liberals (centrist, strong in urban areas and across Canada), the Conservatives (center-right, strong in western Canada and the rural regions), the NDP (center-left, strong in urban centers and young voters), the Bloc Quebecois (Quebec nationalist, focused on Quebec interests), and the Green Party (focused on environmentalism, support varies).
Difficulties of being an Independent in the House include a lack of party resources, a struggle to gain visibility, and committee assignments in Parliament.
The two dimensions of the political spectrum are economic (left-right) and social (authoritarian-libertarian).
Canadian political parties consist of the party leader (the face of the party), caucus (composed of MPs), party executive (who oversees party operations), party membership (individuals who join the party), riding associations (local party organizations with electoral districts), policy conventions (gatherings where members debate party policies), and campaign teams (temporary structures activated during elections to coordinate strategy).
Political parties have three main functions: organizing election campaigns, connecting citizens to the government, and developing public policies.
The two main proposals for Canadian political parties are transparency in funding and enhancing member engagement in decision-making.

Module 6.2

Candidate selection is critical to party image, representing diverse communities, and ensuring alignment with political parties.
The six stages of candidate selection are recruitment, eligibility screening, party vetting, nomination contests, and approval by the party leadership.
Criticisms include lack of transparency, promotion of elitism, barriers to diverse candidates, and centralized control.
Two proposals for reform include greater transparency and reducing party discipline.

Module 6.3

Three main reasons leadership selection is important are party identity, direction, and electoral success.
Different race rules across major federal parties include voting systems, riding weighting, inclusivity and accessibility, regional focus, and union influence.
Different selected provinces can impact the outcome by favoring different voting bases, inclusivity, and strategic alliances.
Three criticisms of the current leadership selection process include power concentration, erosion of accountability, and an overemphasis on popular appeal.

Week 6 Class

Vetting benefits democracy by ensuring qualified, ethical candidates, preventing scandals, and strengthening party credibility.
Arguments that emphasize vetting is harmful to democracy claim vetting may concentrate power, exclude diverse viewpoints, and discourage grassroots participation.

Module 7.1

The four pillars of the Canadian electoral system are fair representation, integrity, transparency, and accessibility.
The evolution of voting rights through four periods are British North America (1758-1866), uneven progress (1867-1919), modernization (1920-1981), and the post-charter era (1982-present).
Two electoral reform proposals include proportional representation and adopting ranked ballots.
Voter registration now has automatic registration (maintained by the government) alongside manual registration (initiated by voters) and greater accessibility for marginalized groups.
Two approaches to voter registration are manual and automatic.
Some criticisms of voter registration include exclusion, administrative inefficiency, and potential for fraud.
Electoral districting is how a geographical constituency that Canada bases its representative democracy is chosen.
Election management refers to the systems, institutions, and processes responsible for organizing, conducting, and overseeing elections to ensure they are fair, transparent, and democratic.
Two key changes to election management in Canada were the creation of Elections Canada and improved accessibility measures.

Module 7.2

The three components of voting systems are ballot design, district magnitude, and voting formula.
A person may order the candidates by preference in a nominal voting ballot. In an ordinal voting ballot, a person gets one vote for who they prefer most.
Two types of electoral districts are single-member districts and multi-member districts.
In the plurality voting formula, whoever wins the most seats (most votes in a constituency) wins the election. In the majority voting formula, the party with a majority of votes wins (more than 50% of votes). In a proportional voting formula, seats are allocated by the percentage of votes a party receives (the party with the most seats wins).
Single-member plurality (ordinal ballot, single-member districts), Alternative vote (ranked ballot, single-member districts), Single transferable vote (ranked ballot, multi-member districts), and Multi-member proportional (one vote for party and one for constituency, multi-member districts).
Three components of SMP are nominal ballots, single-member districts, and a plurality formula. Its trade-offs include simplicity vs lack of proportionality.
AV comprises three components: ranked ballots, single-member districts, and a majority formula. Its trade-offs include voter choice versus complexity.
Three components of STV are ranked ballots, multi-member districts, and plurality formula. Its trade-offs include fairness vs complexity and more extended vote counts.
Three components of MMP are one vote for a party and one for the constituency, multi-member districts, and a proportional formula. Its trade-offs include proportionality vs system complexity.

Module 7.3

Some arguments for political parties controlling voting systems are their access to resources and possible expertise. Some arguments against political parties controlling voting systems are potential bias and conflict of interest.
Arguments for citizens’ assemblies controlling voting system reform are inclusivity and representation. Arguments against citizens’ assemblies controlling voting system reform are lack of expertise and risks of unaccountability.
Arguments against direct referenda determining the type of voting system are the potential for people to be misinformed (misinformation) and low engagement. Arguments for direct referenda determining the kind of voting system are representation and democratic legitimacy.
The BC citizens assembly (2004) proposed STV based on public consultation, leading to a 2005 referendum. The BC referenda showed support but failed to meet the required threshold of 60% voter support in 2005, 2006, and 2018.
The Ontario citizens assembly recommended MMP for a proportional result but needed more support. The 2007 referendum rejected MMP due to limited awareness and understanding.
Prince Edward Island (PEI) had previously attempted electoral reform, and in 2021, the province re-engaged to examine the possibility of changing its voting system. The province's Electoral Reform Commission recommended adopting a mixed-member proportional (MMP) system to improve proportionality and better reflect voter preferences. The PEI voting system referenda (2005, 2016, and 2019) attempted to shift from the first-past-the-post system to more proportional representation systems like STV and MMP. Still, voters rejected each proposal, reflecting concerns over complexity and uncertainty about the benefits of reform. Despite support from some groups, the electorate remained hesitant to change the established system.

Module 8.1

A Cabinet is a group of senior government ministers that the prime minister chooses to work on specific portfolios.
The primary roles of the Cabinet are policy-making, decision-making, and implementing government policies.
The key characteristics of Canadian Cabinets are that they are composed of MPs, have a diverse membership, and are accountable to parliament.
Cabinets have become bigger over time, making them more diverse and representative.
The representational imperative is a requirement to ensure diverse representation in government decision-making.
Prime Ministers in Canada choose their cabinet ministers through party loyalty, regional representation, expertise, and diversity.
Trudeau’s gender parity Cabinet was the first Canadian Cabinet to have an equal amount of women and men.
Jody Wilson-Raybould, a former Liberal cabinet minister and the first Indigenous woman to hold the position of Minister of Justice and Attorney General of Canada, became involved in a significant controversy in 2019. The issue centered around her role in the SNC-Lavalin affair, in which Prime Minister Justin Trudeau and other senior Liberal officials allegedly pressured her to intervene in the prosecution of the company for bribery charges. Wilson-Raybould resisted the pressure, arguing it would interfere with the judicial system's independence.

Module 8.2

The House of Commons' primary functions are representing constituents, making laws, and overseeing the executive branch.
The composition of the House included elected MPs and their proportional geographic distribution.
The Parliamentary timetable is when the House meets, debates, and passes laws.
A typical week in the House includes debates, votes, committee work, and constituency time.
Adjourning is the pause of proceedings for a set period. Prorogation is the formal termination of a parliamentary session by the Governor General on the advice of the Prime Minister. Dissolution marks an official end to parliament, leading to a general election (initiated by the GG on the advice of the PM).
Party discipline is the control party leaders have over MPs to ensure party cohesion.
Unity and cohesion, government stability, efficiency, electoral mandate, and political accountability are arguments in favor of party discipline.
Government bills are proposed laws introduced by a Cabinet member on the government's behalf. Private Member's Bills are introduced by MPs or Senators who are not a part of Cabinet and do not have any other formal role in the House. Public Bills aim to affect the general public and deal with issues of national importance. Private bills are specific in scope and usually only affect a particular group. Money bills deal with taxation or public expenditure. Delegated bills are made by individuals or bodies under powers delegated to them by parliament. Hybrid refers to bills or public and private interest.
Cabinet ministers represent constituents, make laws, and oversee the executive branch. Parliamentary secretaries assist Cabinet ministers and often represent them in the House of Commons. Backbenchers are MPs who do not hold Cabinet positions or other formal roles. Opposition MPs belong to political parties and are not part of the ruling government. Party leaders lead their respective political parties. Independent MPs are not affiliated with any party. Committee members are MPs serving on parliamentary committees focusing on specific areas. Whips are responsible for party discipline. Caucus chairs lead their party’s caucus meetings.
The three proposals include related voting processes, electoral districts, and representation practices.
NDP MP Qaqqaq emphasized the challenges and inequities Indigenous peoples face in Canada.
MacDonald and Ashe argued that diversity in representation in the 2021 election still falls short, and barriers for women and minorities remain high.

Module 8.3

The Senate follows the House of Lords model. The Crown has appointed it as a non-democratic institution.
Confederation debates regarding the Senate include appointed vs elected members.
As of today, the Senate has 105 seats, divided as follows: Ontario has 24 seats, Quebec has 24, the Maritime provinces (Nova Scotia, PEI, New Brunswick) have 24, the Western provinces (Manitoba, Alberta, British Columbia, Saskatchewan) have 24, Newfoundland and Labrador have 6, and the Territories (Yukon, Northwest Territories, Nunavut) have 3.
Three significant roles of the Senate include providing regional representation, passing legislation, and political oversight.
Two significant Senate reforms were Harper's mandatory 75-year age requirement and Trudeau's implementation of a nonpartisan selection process.
Reforms for the Senate call for an elected Senate: democratic accountability, regional representation, and checks and balances, but legislative gridlock, cost and complexity, and regional inequity. They also call for the abolition of the Senate: streamlined governance, cost savings, and accountability, but loss of regional representation, weakened legislative oversight, and constitutional challenges. The last reform suggests a reformed appointment process: increased non-partisanship, enhanced Senate credibility but limited change, and Prime Ministerial control.
McCallion believes gender balance strengthens representative democracy.
Indigenizing the Senate would provide more diverse perspectives, representation, and reconciliation efforts.

Week 8 Class

Arguments for small cabinets include group cohesion, efficiency, and streamlined governance.
Arguments for large cabinets include a wider range of expertise, diverse representation, and inclusivity.

Module 9.1

The judiciary's three primary roles are interpreting laws, resolving disputes, and ensuring that laws comply with the Constitution.
The principles are independence (free from political influence), impartiality (unbiased decisions), and fairness (equal treatment under the law).
Canada's court system has provincial and federal courts, and the Supreme Court of Canada is the highest appellate court.
The SCC comprises nine judges (at least three from Quebec) and handles appeals, references, and constitutional issues.
Political considerations in judicial appointments include Prime Ministerial influence, the consultation process, diversity and representation, partisan considerations, and public and political scrutiny.
Through the (in)justice system, Indigenous people face systemic biases, overrepresentation in prisons, and challenges accessing justice.

Module 9.2

The Charter of Rights and Freedoms is a document that is part of the Constitution and ensures individual rights and freedoms for Canadians.
The adoption of the Charter of Rights and Freedoms in 1982 was driven by global human rights movements, Quebec's demands for autonomy, the 1960 Canadian Bill of Rights, and constitutional debates, culminating in Pierre Trudeau's push for a constitution that entrenched individual rights and modernized Canada's legal framework. The Charter was a key part of the patriation of Canada's constitution, ensuring protections for Canadians from government infringement.
Major arguments from opponents of the Charter are concerns about judicial activism and undermining parliamentary sovereignty.
Major arguments from proponents of the Charter are that it checks government power and strengthens individual rights.
Various remedies are available when courts declare a law to violate constitutional rights. The courts can strike down the law, or the government can amend it.
Section 1 of the Charter addresses how the government can restrict rights and freedoms justified in a free and democratic society.
Section 33 of the Charter is the notwithstanding clause, which allows the government to override certain Charter rights temporarily (five years).
The political impact of the Charter is that it has shifted power toward courts and increased judicial scrutiny of laws.
The case that Manfredi and Maioni discuss illustrates the tension between judicial review and parliamentary authority.

Module 9.3

Discussions about bilingualism, diversity, and appointments at the SCC are motivated by the need to ensure representation of Canada's multicultural society, uphold language rights, and reflect regional and demographic diversity.
Language rights of litigants include accessing government services in their official language of choice (English, French).
Arguments supporting bilingualism in the court include a direct understanding of cases, preserving language rights, better understanding between judges, and strengthening public confidence.
Increased BIPOC representation in the court would help representation, promote fairness, and strengthen public confidence.
The arguments for BIPOC and bilingual representation intersect because they address inclusivity and fairness in the judiciary.
The argument surrounding Indigenous representation in the SCC is that it acknowledges reconciliation and adds unique perspectives on law.
The bilingualism requirement for SCC judges used to be informal, but now it is formally a requirement for all justices.

Week 9 Class

The benefits of pursuing issues through courts are the speed of resolution, protection of rights, access to justice, and judicial independence. Some drawbacks are the limited scope of remedies, lack of democratic legitimacy, cost and accessibility, and narrow focus.
The benefits of pursuing issues through the legislature would be democratic legitimacy, broader policy change, policy expertise, and broader political engagement. Some drawbacks would be a slow process, political interference, limitation by majority rule, inadequate representation, and the risk of partisanship.

Module 10.1

The new Quebec nationalism focused on preserving Quebec’s distinct language, culture, and identity and emphasized autonomy within Canada.
The Quiet Revolution was a period of rapid modernization, secularization, and expansion of Quebec’s provincial government in the 1960s
Quebec's independence is rooted in the desire to establish a sovereign nation separate from Canada based on its distinct French language, culture, and identity. During the Quiet Revolution, the sovereignty movement gained momentum in the 1960s, forming the Parti Québécois (PQ).
The patriation of the Consitution in 1982 happened without Quebec’s consent, significantly straining Quebec’s relationship with Canada. Quebec viewed the process as a betrayal, deepening feelings of alienation and fueling debates over sovereignty, as the new Constitution failed to address Quebec’s demands for recognition as a distinct society.
The Meech Lake Conference attempted to bring Quebec into the constitutional fold after it refused to sign the 1982 Constitution Act. Key features included recognizing Quebec as a "distinct society," increasing provincial powers over immigration, granting veto power over constitutional amendments, and reforming the Senate and Supreme Court appointments. The Accord failed in 1990 due to opposition from Indigenous leaders, feminists, and smaller provinces, as well as procedural delays, highlighting divisions in Canada over federalism, equality, and Quebec's status.
The Quebec government established the Bélanger-Campeau Commission (1990-1991) to assess Quebec's political and constitutional future after the Meech Lake Accord failed. The commission recommended holding a referendum on sovereignty if negotiations with Canada failed, intensifying discussions around Quebec's potential separation and its relationship with the rest of Canada.
The Charlottetown Accord (1992) was a proposed package of constitutional reforms in Canada that sought to address issues raised by Quebec and other provinces. It included recognizing Quebec as a distinct society, Indigenous self-government, Senate reform, division of powers, and social and economic union.

Module 10.2

The recent re-emergence of constitutional discussions regarding Quebec and Canada stems from Quebec's assertion of greater autonomy and its attempts to enshrine its distinctiveness within the Canadian Constitution.
The introduction of Bill 96 aimed to strengthen French usage in Quebec by expanding the application of French requirements to smaller businesses and public institutions, restricting the use of English in government services, caps on enrollments in English-language education, declaring French the only official language of Quebec, and requiring people to navigate legal proceedings in French.
Five amending formulas can be used in Canada. Unanimity requires unanimous consent from all provinces and the government. General requires permission from the government and approval from 7 provinces (50% of the population represented). Bilateral approval is needed from the government and the province affected. The province-specific formula (unilateral) just needs approval from the provincial government. The parliament-only formula just needs approval from the federal government.
The two dimensions of debate surrounding Bill 96 and amending the constitution are balancing provincial autonomy and national unity (linguistic rights).
Depending on its provisions, Bill 96 may use different constitutional amending formulas. Most changes within Quebec’s jurisdiction will likely fall under the Province-Specific Formula. However, if the law affects federal institutions or national rights, it could trigger the 7/50 rule or the Unanimity Formula for broader constitutional changes.
Chouinard argues for a third middle ground, respecting Quebec’s cultural distinctness without complete independence.
Macfarlane critiques Quebec’s unilateral amendment as undermining the cooperative nature of Canadian federalism.

Module 10.3

The notwithstanding clause can be used in Section 2 (fundamental freedoms) and Sections 7-15 (equality rights). It cannot be used in Sections 3-5 (democratic rights), Section 6 (mobility rights), and Sections 16-23 (language rights).
In response: If a court rules that a law violates a Charter right, the government can invoke the notwithstanding clause to maintain the law despite the ruling for up to five years. Pre-emptively: Governments can also include a notwithstanding clause in new legislation to ensure that the law will not be subject to judicial review for violations of certain Charter rights, such as the right to freedom of expression or equality.
The clause is rarely used, and its non-use stems from its controversial nature. It allows governments to bypass judicial oversight, which has been seen as politically risky due to its potential to erode individual rights.
Public opinion on the clause is divided. Some consider it necessary for provincial autonomy, while others think it threatens rights.
Arguments for the notwithstanding clause include that it safeguards democratic decision-making, allowing elected representatives to pass laws that reflect the people's will, even if those laws might conflict with Charter rights. Arguments against its use stress that the clause undermines the protection of fundamental rights by allowing governments to bypass judicial review, potentially eroding individual freedoms.
Saskatchewan: In 2017, the provincial government invoked the notwithstanding clause to uphold a law limiting public sector workers' rights to strike despite a court ruling that it violated constitutional rights. New Brunswick: In 2019, New Brunswick used the notwithstanding clause to override a court ruling that struck down a law requiring English-only school boards despite the decision conflicting with minority language rights under the Canadian Charter of Rights and Freedoms. Quebec: Quebec used the notwithstanding clause in Bill 21 (2019), which bans public sector employees from wearing religious symbols in the workplace. The clause was invoked to shield the law from Charter challenges regarding freedom of religion and expression. Ontario: In 2018, Ontario's government used the notwithstanding clause to limit the size of Toronto's city council after a court found the government's move violated the Charter's protection of democratic rights.
The notwithstanding clause reinforces provinces' autonomy within the federal system, ensuring they retain some control over laws that may conflict with federal judicial interpretations. It reflects the tension between national unity and regional independence, central to Canada's federal structure.

Week 10 Class

A constitution establishes the fundamental principles, laws, and structures of government. It outlines the distribution of powers among different branches of government, protects individual rights, and provides a framework for governance and legal order within a country.
The constitution should be relatively easy to change because it needs to allow for evolution while maintaining stability.

Module 11.1

The Indian Act is a Canadian federal law that governs many aspects of First Nations people's lives, including their status, governance, and land use.
The Indian Act's crucial aspects include reserve land, Indian status, band governance, cultural practices, and economic activity restrictions.
The 1951 amendments removed more restrictive and discriminatory provisions, such as bans on cultural practices and self-governance.
In the 1960s and 1970s, Indigenous peoples demanded changes to the Indian Act, including greater autonomy, the removal of discriminatory provisions, and recognition of their inherent rights.
The main goals of the 1969 White Paper were to eliminate the Indian Act, end the special status of Indigenous peoples, and integrate them fully into Canadian society.
The reaction to the White Paper was rejection, as Indigenous saw it as an attempt to erase their distinct identities and rights.
The Red Paper was a broader national response that rejected the White Paper and advocated for protecting Indigenous rights, culture, and self-determination.
The Brown Paper was a response by Indigenous leaders in Alberta who emphasized Indigenous rights and the need for self-governance.
The 1985 amendments to the Indian Act (Bill C-31) addressed gender discrimination by allowing Indigenous women who married non-Indigenous men to regain their Indian status. They also granted Indigenous communities greater control over their membership.
From the 1960s to the 2000s, governance under the Indian Act evolved from a more paternalistic approach, where the federal government held significant control over Indigenous communities, to a system that increasingly emphasized self-governance.
The 2010 amendments (Bill C-3) addressed the gender discrimination in Indian status inheritance, allowing grandchildren of Indigenous women to regain status, as Indigenous men had been able to pass on their status to their descendants.
Ongoing debates about the Indian Act focus on calls for its repeal or significant reform to better support Indigenous self-governance and rights. Proposed changes include enhancing Indigenous control over land, governance, and decision-making and addressing issues like gender discrimination within the Act.

Module 11.2

The Truth and Reconciliation Commission of Canada was established as part of the Indian Residential Schools Settlement Agreement to address the legacy of residential schools.
The TRC documents survivors’ experiences, raises public awareness, and makes recommendations for reconciliation.
The National Centre for Truth and Reconciliation is at the University of Manitoba in Winnipeg. It preserves the TRC's records and ensures public access to them.
The Final Report highlights the extensive harm caused by residential schools and provides 94 Calls to Action that need to be completed to advance reconciliation.

Module 11.3

Reconciliation is widely seen as a normatively desirable goal in Canada today, as it seeks to heal historical injustices, foster mutual understanding, and address the legacies of colonialism, including the impact of residential schools on Indigenous communities. However, its desirability is debated regarding how reconciliation is achieved, the level of government commitment, and the involvement of Indigenous communities in shaping the process.
Reconciliation in Canada is ongoing, with progress in areas like the Truth and Reconciliation Commission’s calls to action, but challenges remain, such as systemic inequalities. Moving forward, Canada must focus on fully implementing these actions, addressing disparities, and ensuring Indigenous peoples have the agency to shape their futures.
11 of the 94 Calls to Action from the Truth and Reconciliation Commission have been fully completed, while 39 are in progress. However, many others have either stalled or have yet to be started. This highlights significant gaps in fulfilling the Calls to Action, with about 40% of actions either stalled or yet to be initiated.
Non-Indigenous Canadians' level of reconciliation support varies, but surveys indicate an increasing awareness and desire to be part of the reconciliation process. Around 52% of non-Indigenous Canadians feel very attached to Canada, and a majority express support for reconciliation initiatives, acknowledging that more work is required from both governments and citizens.