What is Section 91 of the Canadian Constitution?
3.1 Federal Heads of Power: Section 91 Broadly speaking, section 91 of the Constitution Act, 1867 assigns matters that affect the entire country to the federal Parliament. Examples include the postal service, the military and currency.
What is Section 93 of the Constitution?
The Section specifies “the Queen’s Roman Catholic subjects” or”the Queen’s Protestant and Roman Catholic subjects’ as those whose rights and privileges in education are to be protected.
What is Section 92 of the Constitution Act?
92 In each Province the Legislature may exclusively make Laws in relation to Matters coming within the Classes of Subjects next hereinafter enumerated; that is to say, 1.
What is POGG in Canada?
“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters.
What is Section 35 of the Canadian Constitution?
35 (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, aboriginal peoples of Canada includes the Indian, Inuit and Métis peoples of Canada.
What is Section 35 of the Canadian constitution?
What is Part I of the Constitution Act 1982?
What the Act Says: Parts 1–4. The first part of the Constitution Act, 1982 is the Canadian Charter of Rights and Freedoms. It prevents the federal, provincial and territorial governments from infringing on Canadian rights and freedoms.
Why was the Oakes test created?
The Court in R v Oakes created a two-step balancing test to determine whether a government can justify a law which limits a Charter right.
What is Section 38 of the Constitution?
Enforcement of rights 38. Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief, including a declaration of rights.
What is the Constitution of Canada?
The Constitution of Canada. The constitution of Canada provides the rules that Canada’s government must follow — both in terms of how the government operates politically, as well as what it can and cannot do to its citizens.
What are the best books on constitutional law in Canada?
Peter W. Hogg, Constitutional Law of Canada (1985). Hakeem O. Yusuf, Colonial and Post-Colonial Constitutionalism in the Commonwealth: Peace, Order, and Good Government (2013). Adam Dodek, The Canadian Constitution (2013).
What is Canada’s system of government?
It outlines Canada’s system of government, including the structure of Parliament, the way elections work, the role of the monarchy, the powers of the executive branch, and the division of powers between the federal government and the provinces.
Is the Charter of Rights and Freedoms valid in Canada?
If they are not, they may not be valid. Since the Charter is part of the Constitution, it is the most important law we have in Canada. However, the rights and freedoms in the Charter are not absolute. They can be limited to protect other rights or important national values.