Constitution

pg. 102-105

NAME: _____________________

1. What kind of relationship between the federal and provincial government does the cartoon
on pg. 102 depict?
2. What characteristics do you think need to exist in society to ensure that the rights and
values expressed in the constitution are safeguarded?
3. What is the importance of a Constitution to a country?
4. What are the three main sources of Canadas Constitution?
5. What did Canada look like in 1867?
6. What led the Fathers of Confederation to choose a federal system of government?
7. What were some of the problems encountered during the Confederation debates?
8. How does the unwritten part of the Constitution play a vital role in Canadian law?
DIVISION OF POWERS pg.106-109
SECTION 91 OF THE CONSTITUTION ACT, 1867 STATES FEDERAL POWERS
SECTION 92 OF THECONSTITUTION ACT, 1867 STATES PROVINCIAL POWERS
SECTION 93 OF THE CONSTITUTION ACT, 1867 STATES THAT EDUCATION IS A
PROVINCIAL POWER.
9. Which level of government has jurisdiction over the following matters below?
_____ National Defense
_____ Police Forces (OPP) _____ Road Repair/Highways
_____ Criminal Law
_____ Hospitals
_____ Education
_____ Aboriginal Peoples
_____ Property Rights
_____ Postal Service
_____ Currency-Coinage
_____ Penitentiaries
_____ Municipalities
_____ Unemployment Insurance
_____ RCMP
_____ Marriage/Divorce Laws
_____ Trade laws
_____ Land Claims by First Nations
_____ Banking
_____ Solemnization of Marriage
_____Charities
_____ Sea Coast/Inland Fisheries
_____Credit Card Transactions
10. Why was education given a separate section in the BNA Act?
11. How does the constitution make it difficult for Canada to adopt a national education policy?
There are some matters of jurisdiction that overlap each other and cause conflict between the
federal and provincial government as to who has control
12. Read the case on pg. 108 LIMITS ON SEAL HUNTING. This is a clear example of the conflict
between the governments
Complete the questions #1,2,3
13. Define ultra vires and intra vires with respect to government powers

THE ROLE OF THE COURTS

SUPREME COURT
OF COURT

Ontario Court of Appeal

FEDERAL COURT
OF CANADA
Trial
Division

SUPERIOR COURT
OF JUSTICE

Appeal
Division

ONTARIO COURT
OF JUSTICE
FAMILY
COURT

SMALL CLAIMS
COURT

YOUTH
COURT

CRIMINAL
COURT

TRAFFIC
COURT

QUESTIONS OF PG. 114

1.
What is the role of the courts? (2 marks)
2.

What is the highest court and the lowest court in Canada? (2 marks)

3.

What is the highest court in each province? (1 mark)

4.

Which court in Canada is the final court of appeal? (1 mark)

5.

Prior to 1949, what was Canadas final court of appeal? (1 mark)

6.

How did decisions by the JCPC change the division of powers that the Fathers of
Confederation believed they had established between the federal and provincial
governments? (2 marks)

7.

When was the Supreme Court of Canada established? (1 mark)

8.

How many justices are there at the SCC level and who appoints the justices? (2 marks)

9.

Of the nine justices, the law requires the justices to be chosen from particular areas in
Canada. What are the areas that must be represented? (1 mark)

10.

How long can a justice serve at the Supreme Court of Canada level? (1 mark)

11.

What role does the Supreme Court of Canada play in shaping the Canadian Constitution? (2 marks)

THE PERSONS CASE - PG. 116

1.

Who was Emily Murphy and what was her ambition at the time? (2 marks)

2.

What did section 60 of the Supreme Court of Canada Act state? (1 mark)

3.

What question did Prime Minister Mackenzie King refer to the SCC? (1 mark)

4.

What was the ruling of the SCC? (1 mark)

5.

Where did the Famous Five or Alberta Five take the case next and what was the
result? (2 marks)

WHO CONTROLS TOBACCO ADVERTISING? PG. 117

1.

Summarize the main arguments used by RJR-MacDonald in this case. (2 marks)

2.

Explain why this case involved both the Canadian Charter of Rights and Freedoms
and the division of powers in the Constitution Act, 1867. (2 marks)

3.

Explain the Supreme Courts decision in this case. (1 mark)

4.

Do you agree with this decision? Why or why not? (2 marks)

TOTAL:

/30 MARKS