Canadian Government and Democracy Flashcards

Under the Canadian Constitution, which level of government has exclusive legislative jurisdiction over 'Indians, and Lands reserved for the Indians'?

Answer: The federal government, under section 91(24) of the Constitution Act, 1867

Section 91(24) of the Constitution Act, 1867 assigns exclusive federal jurisdiction over 'Indians, and Lands reserved for the Indians.' This makes Indigenous affairs a federal — not provincial — responsibility, though modern land claims and self-governance agreements have created complex shared arrangements in practice.

A federal bill has passed third reading in the House of Commons. What is the CORRECT sequence of remaining steps before it becomes law?

Answer: Senate review and approval, then Royal Assent from the Governor General

After passing the House of Commons, a bill must go through the Senate (first reading, second reading/debate, committee study, third reading). Once the Senate passes it — with or without amendments — the Governor General grants Royal Assent on behalf of the Crown, at which point the bill becomes law. Referendums and Supreme Court review are not standard steps in the legislative process.

Which constitutional principle gives Parliament the authority to pass any law it wishes on matters within its jurisdiction, even if that law is deeply unpopular or seems unjust, without courts being able to strike it down on those grounds alone?

Answer: Parliamentary sovereignty

Parliamentary sovereignty (or parliamentary supremacy) holds that Parliament is the supreme law-making body within its jurisdiction. Courts cannot strike down a law simply because it is harsh or unpopular — only because it violates the Constitution or the Charter. This distinguishes the Canadian system from one with an entrenched bill of rights that courts can use to void any legislation.

In a federal election, a candidate wins a riding with 34% of the vote while three opponents split the remaining 66%. Under Canada's current electoral system, what happens?

Answer: The candidate with 34% wins the seat outright and represents that riding in the House of Commons

Canada uses a first-past-the-post (FPTP) system, also called single-member plurality. The candidate who receives the most votes in a riding wins the seat — there is no minimum threshold, no runoff, and no proportional allocation. A candidate can win with well under 50% if the vote is sufficiently split among opponents.

The Notwithstanding Clause (Section 33 of the Charter) allows a government to override certain Charter rights. Which of the following rights CANNOT be overridden using Section 33?

Answer: The right to vote in federal and provincial elections (Section 3)

Section 33 only applies to rights under Sections 2 (fundamental freedoms) and Sections 7–15 (legal and equality rights). Democratic rights — including the right to vote under Section 3 — are explicitly excluded from Section 33's reach and cannot be overridden by any legislature. This reflects the view that voting rights are foundational to democratic legitimacy itself.

A Senator is appointed at age 42. Under the current Constitution, what is the LATEST age at which they must retire from the Senate?

Answer: Age 75, as mandated by the Constitution Act, 1965 amendment

Prior to 1965, Senators held office for life. The Constitution Act, 1965 introduced a mandatory retirement age of 75. Senators appointed after 1965 must retire at 75 regardless of how long they have served. Age 70 is incorrect — that applies to federally appointed judges, not Senators.