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