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Right to Life, Liberty and Security of the Person

Category: The Charter, Legal Rights (Sections 7-14)

This article was written by a law student for the general public. Right to Life, Liberty and Security of the Person Section 7 of the Canadian Charter of Rights and Freedoms protects our right to “life, liberty, and security of

Key Terms
Fundamental Freedoms

Category: The Charter, Fundamental Freedoms (Section 2)

Fundamental Freedoms are basic political liberties required in a democracy. In general, they guarantee that an individual can act, think, be, or do without government interference unless a law says otherwise.[1] Fundamental Freedoms are found in section 2 of the Canadian

Key Terms
Constitution Acts

Category: Democratic Governance

The ‘Constitution Acts’ are a set of statutes enacted by the Imperial Parliament, beginning with the Constitution Act, 1867 ((U.K.), 30 & 31 Vict., c. 3, reprinted in R.S.C. 1985, Appendix II, No. 5), and culminating in the Constitution Act, 1982 (being Schedule B to the Canada

Key Terms
Reservation and Disallowance

Category: Federalism

Reservation’ and ‘Disallowance’ are often confused, since both derive from the practices of the British colonial empire, but they are actually distinct terms. Historically, ‘reservation’ was the practice whereby a colonial governor, rather than giving or refusing assent to a

Key Terms
Concurrency

Category: Federalism

‘Concurrency’ refers to the allocation of responsibility for a subject matter of legislation to both the federal and provincial levels of government. Concurrent allocation of responsibility arises from the fact that the powers assigned to the federal Parliament and provincial

Key Terms
Reference re Quebec Secession

Category: Democratic Governance, Federalism

The Reference re Quebec Secession ([1998] 2 S.C.R. 217) is the advisory opinion of the Supreme Court of Canada that addresses the constitutionality of a hypothetical unilateral declaration of independence by the province of Quebec. Two related sets of events led to

Key Terms
Colourability

Category: Democratic Governance, Federalism

Colourability is a concept that goes against Canadian federalism because the Constitution has assigned certain powers to the federal jurisdiction under section 91 and to the provincial realms under section 92.[1] It occurs when either the federal government or any of the provincial

Key Terms
Fulton-Favreau

Category: Democratic Governance

Efforts to find anamending formula for the Canadian Constitution began in 1927. The question was studied extensively over the next thirty years but no agreements were reached. In 1960 E. Davie Fulton, Minister of Justice in the government of John

Key Terms
Reference Question

Category: Democratic Governance

A reference question is a submission by either the federal or provincial government that asks the courts for advice on a major legal issue. A court does not rule on a reference question. Rather, the question results in an “advisory

Key Terms
Co-operative Federalism

Category: Federalism

What is co-operative federalism? Canada uses a system of government known as federalism in which political power is shared by the federal and provincial governments.[1] Co-operative federalism is a concept of federalism based on the federal and provincial governments working together

Key Terms
Freedom of Religion

Category: The Charter, Fundamental Freedoms (Section 2)

The freedom of religion is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms.[1] What is the legal impact of having this freedom? In other words, what does it allow me to do

Key Terms
Charter Statements

Category: The Charter

Charter Statements are documents prepared by the Minister of Justice upon the introduction of a new bill. They are a tool designed to reassure the public that the government has considered potential constitutional problems that may arise as a result

Key Terms
Property Rights

Category: Democratic Governance

Section 1(a) of the 1960 Canadian Bill of Rights (S.C. 1960, c. 44, reprinted in R.S.C. 1985, App. III) provides federal statutory recognition of “the right of the individual to … enjoyment of property”, and the right “not to be deprived thereof

Key Terms
Charter of Rights and Freedoms

Category: The Charter

The ‘Canadian Charter of Rights and Freedoms’ is Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (U.K.), 1982, c.11. Since at least the mid-1950s, many had advocated that Canada should adopt an entrenched charter of rights.

Key Terms
Property and Civil Rights

Category: Federalism

‘Property and civil rights’ is the constitutional jurisdiction assigned exclusively to the provincial legislatures by s. 92(13) of the Constitution Act, 1867. The phrase was used in pre-Confederation constitutions to refer to the totality of the private law – the law

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