Modern Canada Flashcards

Under the Constitution Act, 1982, which level of government holds primary jurisdiction over natural resources located beneath provincial lands, including oil and gas?

Answer: The provincial government, under Section 92A

Section 92A of the Constitution Act, 1982 — added by the Constitution Amendment Proclamation, 1983 — explicitly grants provinces legislative authority over exploration, development, conservation, and management of non-renewable natural resources, forestry, and electrical energy within their borders. This was a key outcome of negotiations between Ottawa and the western provinces, especially over oil and gas revenues.

Canada's Official Languages Act (1969) was significantly amended in 1988. What was the most consequential change introduced by the 1988 amendment?

Answer: It imposed positive obligations on federal institutions to actively promote both official languages, not merely avoid discrimination

The 1988 Official Languages Act replaced the 1969 version and introduced Part VII, which placed a positive duty on federal institutions to enhance the vitality of English and French linguistic minority communities and to promote full recognition of both languages in Canadian society. This went beyond the original Act's passive anti-discrimination framework to require active advancement of bilingualism.

The Clarity Act (2000) was passed in direct response to which Supreme Court of Canada ruling?

Answer: Reference re Secession of Quebec (1998)

The Supreme Court's 1998 ruling in the Reference re Secession of Quebec held that while Quebec could not unilaterally declare independence under domestic or international law, a clear majority vote on a clear question would impose a constitutional obligation on all parties to negotiate. The federal Clarity Act (2000) operationalized this by giving Parliament the authority to determine whether a referendum question and majority were sufficiently 'clear' to trigger negotiations.

Canada ratified the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in 2016, but Parliament went further with Bill C-15 in 2021. What did Bill C-15 do that mere ratification did not?

Answer: It required the federal government to align Canadian laws with UNDRIP and mandated an action plan to achieve that alignment

Bill C-15 (the United Nations Declaration on the Rights of Indigenous Peoples Act) went beyond endorsement by legally requiring the federal government to take all measures necessary to ensure that Canadian laws are consistent with UNDRIP, and to develop and implement an action plan in consultation with Indigenous peoples. It did not create a blanket veto right or repeal the Indian Act, which remains in force.

Canada's Notwithstanding Clause (Section 33 of the Charter) allows legislatures to override certain Charter rights. Which of the following rights CANNOT be overridden using Section 33?

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

Section 33 only applies to rights under Sections 2 and 7–15 of the Charter. Democratic rights — including Section 3 (the right to vote), Section 4 (maximum duration of legislatures), and Section 5 (annual sittings) — are explicitly excluded from the notwithstanding clause's scope and cannot be suspended by any legislature. Freedom of expression, security of the person, and equality rights are all within Section 33's reach.

Canada's Truth and Reconciliation Commission (TRC) concluded in 2015 with 94 Calls to Action. Call to Action #94 specifically calls on the government to replace which oath?

Answer: The Oath of Citizenship sworn by new Canadians during naturalization ceremonies

TRC Call to Action #94 called on the federal government to replace the Citizenship Oath with a new version that includes a commitment to uphold the treaties with Indigenous peoples. In 2021, Bill C-8 amended the Citizenship Act to add the words 'including Treaties with Indigenous Peoples' to the oath — making new citizens explicitly acknowledge treaty relationships as part of becoming Canadian.