Canadian Government and Democracy Flashcards

Which constitutional provision allows the federal government to disallow a provincial law within one year of its passage, even if the law is constitutionally valid?

Answer: Federal disallowance power (Section 90)

Section 90 of the Constitution Act, 1867 grants the federal government the power of disallowance, allowing it to nullify any provincial statute within one year of its passage — regardless of whether the law falls within provincial jurisdiction. Though rarely used in modern times, it remains a legal tool. The notwithstanding clause (Section 33) is different: it allows legislatures to override certain Charter rights, not to strike down another government's laws.

In the Canadian parliamentary system, what is the constitutional maximum length of a Parliament before a general election must be called?

Answer: 5 years from the return of the writs of the previous election

Section 50 of the Constitution Act, 1867 (as reinforced by the Charter's Section 4) sets the maximum duration of the House of Commons at five years from the return of the writs of the most recent general election — not from when Parliament first meets. The fixed-date election law (Canada Elections Act) aims for four-year terms, but the constitutional maximum is five years. The five-year limit can only be extended by Parliament itself in times of real or apprehended war, invasion, or insurrection.

A bill passes the House of Commons and the Senate but the Governor General refuses Royal Assent. Under the Constitution Act, 1867, what formal option does the Governor General also have instead of outright refusal?

Answer: Reserve the bill for the Sovereign's pleasure

Section 55 of the Constitution Act, 1867 gives the Governor General two options beyond granting assent: refuse Royal Assent outright, or reserve the bill 'for the Signification of the Queen's Pleasure' — meaning it is held pending the monarch's (now King's) decision. If reserved, the King has two years to approve it; otherwise it has no force. While reservation is now considered obsolete in practice, it remains constitutionally available. The other options described are not formal constitutional mechanisms at the royal assent stage.

Which of the following accurately describes the role of a 'confidence convention' in Canada's Westminster system?

Answer: The government must resign or call an election if it loses a vote explicitly or implicitly designated as a matter of confidence

The confidence convention holds that the Cabinet must retain the confidence of the elected House of Commons to govern — but not every lost vote triggers a resignation. Only votes on explicit confidence motions, the Speech from the Throne, the budget, or votes the government itself designates as confidence matters require the government to resign or seek dissolution. The Senate plays no role in confidence. Crucially, the convention is unwritten and constitutional in nature — courts do not enforce it.

Under the Canadian Charter of Rights and Freedoms, Section 15's equality rights did not come into force at the same time as the rest of the Charter. How long after the Charter's proclamation did Section 15 take effect, and why?

Answer: One year later, to allow governments time to adjust laws that discriminated on enumerated grounds

The Charter was proclaimed on April 17, 1982, but Section 15 (equality rights) was deliberately delayed by three years — coming into force on April 17, 1985. This three-year window was provided specifically to allow federal and provincial governments to review and amend existing legislation that discriminated on grounds enumerated in Section 15 (race, national or ethnic origin, colour, religion, sex, age, and mental or physical disability), so they would not immediately face a flood of constitutional challenges. No ratification by provinces was required; it was a planned transitional provision built into the Charter itself.

In Canada's Senate appointment process, what is the constitutional requirement that limits who can be appointed to the Senate from a given province?

Answer: A Senator must own real property worth at least $4,000 net in the province they represent and be a resident of that province

Sections 23 of the Constitution Act, 1867 sets out the qualifications for Senators. Among them: a Senator must be a resident of the province for which they are appointed AND must own real and personal property worth at least $4,000 above their debts and liabilities within that province. This property qualification, an artifact of the 19th century, has never been removed from the Constitution. There is no five-year residency rule, no citizenship duration requirement, and provincial legislatures have no formal nomination role — Senators are appointed by the Governor General on the advice of the Prime Minister.