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50 Cards in this Set
- Front
- Back
Amending Formula
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Pre 1982 - amendment through London Parliament.
1982 - amendments can only be passed by house of commons, senate by 70% of the provinces that equal to 50% of the population. |
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American Revolution (And Canada)
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- Quebec Act of 1774 - expanded British influence to the great lakes, established french catholic ideals, angered colonist of America.
- Treaty of Paris 1783 - Recognized American independence and ceded territories sout of the great lakes to U.S. Loyalist fled to Canada. Constitutional Act of 1791 - divided lower(french)/upper(english) Canada and granted creation of elected legislative assembly. |
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Backbencher
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Any MP or Legislator who does not hold government office.
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Boundary Disputes
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In Labrador, Newfoundland and Canada argued over rights. Privy Council entrenched Labrador into Constitution, Quebec never recognizes the statue.
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Brian Mulroney
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Prime Minister (Progressive Conservative Party)
Oversaw Meech Lake Accord and Charlottetown Accords Quebec is "Distinct Society" |
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Cabinet
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Reffered to as PM + Cabinet.
38 Ministers Normally the Governor General appoints cabinet on the advice of the prime minister. One Minister per province, interests groups, women, minorities are represented (usually). |
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Canadian Health Transfer/Canadian Social Transfer
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CHT - Transfers money and taxes for health care in Provinces and Territories.
-9.5 billion and 8.2 billion tax CST - support of post-secondary education, social assistance and social services. - 2009, the program transferred 10.6 billion in cash to the provinces and a further 8.5 billion in tax points. |
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Canadian Bill of Rights
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Enacted by John Diefenbaker's government.
Early expression of human rights at federal level. Provides Canadians with certain quasi-constitutional rights in relation to other federal statutes though an implied bill of rights had already been recognized. - CBOR, remains in effect, but its widely accepted as ineffective, so Canada passed the Charter of Rights and Freedoms in 1982. |
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Casework
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policy and practice intersect.
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Caucus Party
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Election 2008: Minority Gov't
Conservation Party (143) - Stephen Harper Liberal (77)- Michael Ignatieff NDP (37)- Jack Layton Bloc Quebecois (49) only in Quebec province (Gilles Duceppe) Independent (2) |
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Central Agencies
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Privy Council - Like secretaries in US.
Treasury Board - responsible for the management of government expenditure and human resources in the public service. Department of Finance - Responsible for the government's macroeconomic policy, including tax policy and tax expenditures. |
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Charlottetown Accord
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+ Adds "Canada Clause" to define Canada's natural values.
- Egalitarian - Diversity -Quebec Distinct Society +Social charter -Healthcare, welfare, education, environmental protection, and collective bargaining. Supreme Court - Changed how S.C. was elected and became entrenched law. Triple E Senate - equal - elected - effective - Submitted as a public referendum and lost. |
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Charter of Rights and Freedoms
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- Guarantees certain rights and freedoms
- gives judicial review powers - constitutional document |
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Clairy Act
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Legislation passed by Parliment that established conditions in which Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces.
If stipulated that n order to lead to seperation negotations, a referendum on independence in a given province would have to have "clearly" framed its questions to voters in terms of independence, and that would result would have to be a "clear majority" in favor, rather than merely, for instance a 50%+1 majority. Aimed at Quebec |
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Commitee System (Legislation and Cabinet)
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Small groups put together to tackle a problem.
- Foreign Affairs Committee - "Joint Committee" drawn from both |
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Confidence Motion/Confidence convention
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- A motion is brough forth in parliment for a chance to show the confidence in their government. Motion is passed or rejected by vote.
- If rejected than a new election must be held. |
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entrenched law
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constitutional law
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non-entrenched law
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satatory law, bill of rights, written, (House of Commons creating an independent judiciary)
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Common Law
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Current Judicial interpretations. Louisiana has civil but not common law.
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Constition Act of 1867
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- British North American Act passed by British Parliment giving Canada independence
- No amending formula - where does authority derive - Johny MacDonald helped negotiate. |
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Constitution of 1982
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- Gives authority to Canadians to interpret and change.
-Liberties need to be written, Charters of Rights and freedoms (Quebec doesn't honor Charter) -Charter gives rights to groups, not individuals. Amending Formula - seven-fifty formula. |
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Crown Corporations
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???
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Executive Federalism
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The collective term for the relations among, the political and permanent executives of Canada's senior government.
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Fiscal Fideralism
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Equalization (12.7 billion)
Healhcare (CHT) 21.3 billion Social (CST) 9.5 billion Territorial formula financing (TFF) 2.2 billion |
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Intergovernmental Reations
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(IGR) - First minister conference (meeting)
- Annual Premeirs Conference - Premere = P.M. of province - Policy oriented FPT, PT meetings |
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Mega constitutional Politics
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-Convention, Ottawa could not request ammendment.
-1920's Britain Invites Canada to bring home constitution. - No Canadian Consensus - British Parliment passes amending formula. - Parties negotiated with own interests in mind. |
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Globalization
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- Trade heavy economy
- American Protectionism " Americans not buying imported goods " |
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Trudeau
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- Promised new constiution
- Relocates powers to provinces - Reforms senate - Amending formula based off provinces - Denies the Quebecois notion "two distinct societies" |
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Meech Lake Accord
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How Quebec tries to bring back Canada.
- Recognize Quebec as "disctinct society" - Reform the senate - entrench structure and composition of Supreme Court - Alter the amending formula to the constitution. |
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First Nations
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History
- Residential school system estabished in the late 19th century - Aboriginal removed from society to school religious system. - Poor sanitary, sex abuse, cultural genocide - Racist action in history MacKenzie Valley Pipeline - Western civilization devastates first nation people. - Golf Course, French claims not recognized by Mohawk. Land dispute causes violence. No golf course ever created. - Ipperwash - Natives occupy land that Canada appropriates to land for Military training. Natives drive school bus to police line. Kills one native. Land returned to natives. - Blunt church - Aboriginals have right to fish out of season. - Upset locals, creates violence. |
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Charter of Rights and Freedoms
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Rights are fundamental not absolute
Government can limit your rights, but it must be reasonable and absolutely neccessary. Differs from bill of rights - Alters consitutional structure by establishing judicial review - Increases judicial role of interests groups. |
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Oakes Test
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Pressing and Substantial
Rational connection between objective and law. Law effects only "minimally impairs" the right. Effects of law are proportional to the objective. |
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Judicial Review
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Strike down the law
Suspend the law Reapplication of law Reading down - narrow it down. Reading in - add grups, expand |
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R. morgenthaler
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Abortion made illegal. 3 Doctors agreed that an abortion was a must, 4th would operate.
Refused this convention by performing abortions publicly until he was arrested, imprisoned and released. Performed more abortions. |
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Clarity Act
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Clarify's condition of Quebec's withdrawl.
Implies clear majority and guarantees aboriginal rights All or nothing act Quebec rejects clairty act bill is not passed or vetoed, but taled |
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Louis Riel
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symbolizes "dualism" of Canadian society
manatoba rebellion controversial |
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Judicial Committee of Privy Council
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JCPC - federalism, pronvicial parity - provinces are equal, stronger central goverment
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Federalism
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National Government
10 provinces 3 territories, NV,NT,YT |
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Regionalism
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Canada is very regional.
French - Catholic English - Protestant West - populist south - french north - english |
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Political Culture - Fragment theory
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Formulative Events, American Revolution increased American influence (immigration) in Canada. Colonial Herritage for 100 years after Declaration of Independence.
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Governor General
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Michalle Jean
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House of Commons
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308, elected
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Minority/Majority Government
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currently minority government
Conservatives 143 liberals 77 NDP 37 |
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Senate
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Long terms
appointed legislate |
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Conservative Party Leader
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Stephen Harper
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Liberal
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Michael Ignatieff
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Bloc
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Gilles Duceppe
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Leader of NDP
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Jack Layton
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Judicial Branch
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Supreme Court 9
Federal Court Provincial Courts |
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Privy Council
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- Ultimate law comes from common law and the british (prior to 1982)
- London ministers that hold authority. British decided not canadians. |