Grade 12 Law: Chapter 5

How a bill is passed

1st reading where it is introduced to Parliament, and ministers discuss the purpose and background 2nd reading where it is debated and may be referred to a committee for further examination and may amend the draft before sending it back to the House of Commons 3rd reading where it is debate restricted to content of bill and no amendments can be made at this point

Pith and Substance

A doctrine that determines which level of government has authority over an issue of it falls under both sections

Referendum

A process by which the general population or electorate can voice their opinion on a public policy question

Charlottetown Accord

An attempt to renew the federation through direct amendment of the constitution but was put aside

Federal Courts

Courts created by statute to hear cases within special areas of law because of the unique expertise required by the justices hearing the cases

Federal Jurisdiction

Deals with banking, census and statistics, citizenship, defence, employment insurance, immigration, legal tender, marriage and divorce, patents and copyrights, post office, taxation, trade and commerce, etc

Provincial Jurisdiction

Deals with direct taxation, labour and trade unions, hospitals and health care, municipalities, property law and civil law, education, etc

Meech Lake Accord

In 1987, the "distinct society" status that Quebec wanted written into the constitution was granted and to other provinces as well

Amending Formula

It applies to the division of power between the federal and provincial governments, changes require approval of the House of Commons and the Senate (federal government), 2/3 of provincial legislative assemblies (7 provinces) representing 50% of the population

Executive Branch

It carries out daily management to operation of government, is responsible for recommendation of bills to legislative branch or consideration and implementing laws when passed, includes Prime Minister and cabinet ministers

The Canadian Charter of Rights and Freedoms

It empowers the courts because all law passed by Parliament or provincial and territorial legislatures have to subscribe to the principles listed in it

Judicial Branch

It is an independent 3rd party to settle disputes or clarify law, it is non-interference related to "Rule of Law"

Common Law

Judge made law or case law

Statutes

Laws passed by federal or provincial government

Municipal powers

Local governments that deal with municipal institutions

Ultra Vires

Outside jurisdiction for legislature to act

Courts of First Appearance

Provincial and Territorial courts that rarely decide civil law

Law

Rules that everyone in a society or group has to follow and are enforced by government officials and can be penalized

Supreme Court of Canada

The final court of Appeal for all cases from the provincial and territorial courts and the federal courts

Courts of Appeal

The highest courts in provinces and territories and have jurisdiction to hear cases from all lower courts

Legislative Branch

The main purpose is to make law, members are appointed based on regional basis, to pass a bill

Legislative Supremacy

The ultimate authority to make and unmake law in Canada under the jurisdiction of federal or provincial parliament

Superior Trial Courts

They hear virtually all civil law cases and the most serious criminal offences

Conventions

Unwritten rules followed primarily for reasons of tradition rather than law

constitutional Renewal

When Quebec would not sign the new Constitution until it's main concerns were addressed

Intra Vires

Within jurisdiction for legislature to act