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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

Key Terms
Charlottetown Accord

Category: Democratic Governance, Federalism

This article was written by a law student for the general public. Following the failure of the Meech Lake Accord in 1990, a series of deliberations took place on the future of Confederation both within and outside of Quebec. In

Key Terms
Privy Council (for Canada)

Category: Democratic Governance

The Privy Council for Canada is a group of prominent individuals appointed, for life, by the Governor General. The appointments are made, as a matter of convention, on the advice of the Prime Minister. The Privy Council is tasked with

Key Terms
Freedom of Peaceful Assembly

Category: The Charter, Fundamental Freedoms (Section 2)

SECTION 2(C): FREEDOM OF PEACEFUL ASSEMBLY Section 2(c) of the Charter of Rights and Freedoms guarantees the freedom of “peaceful assembly.”[1] It is one of the fundamental freedoms protected in the Charter. The section protects a person’s right to gather with others and express ideas.[2] The

Key Terms
Centralization and Decentralization

Category: Federalism

Federal systems (see Federalism) differ greatly in the constitutional structures and powers of the two levels of government. Those in which the central government has preponderant weight, whether in legislative jurisdiction, financial capacity or administrative activity are described as centralized.

Key Terms
Preamble

Category: Democratic Governance

The ‘preamble’ usually refers to the words that preface an act of Parliament or the legislatures.  Here, we refer to the opening words contained in each of Canada’s constitutional texts.  Preambles typically are used to state the general object or

Key Terms
Freedom of Expression

Category: The Charter, Fundamental Freedoms (Section 2)

‘Freedom of expression’ is one of the fundamental freedoms protected by section 2 of the Canadian Charter of Rights and Freedoms. Section 2(b) provides that everyone has “freedom of thought, belief, opinion and expression, including freedom of the press and other

Key Terms
BNA Act

Category: Federalism

The British North America Act (BNA Act) was passed by the British Parliament in 1867 and came into effect July 1 of that year, bringing together the colonies of Nova Scotia, New Brunswick, and Canada into a new political entity. The two

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