Canadian Constitutional Law Flashcards

A provincial law prohibits advertising directed at children under 13. A corporation challenges this under s. 2(b) of the Charter. The province seeks to justify the law under s. 1. Which SCC case is most directly on point?

Answer: Irwin Toy Ltd. v. Quebec [1989]

Irwin Toy Ltd. v. Quebec [1989] directly addressed Quebec's Consumer Protection Act prohibition on advertising directed at children under 13. The SCC held the law violated s. 2(b) but was saved by s. 1 as a pressing objective minimally impairing commercial expression.

The 'living tree' approach to constitutional interpretation holds that:

Answer: Constitutional provisions must be interpreted in a broad and liberal manner to adapt to changing social conditions

The living tree doctrine, originating from Edwards v. Canada (AG) [1929] (the 'Persons Case'), holds that the Constitution is a living tree capable of growth and expansion within its natural limits, rejecting a frozen-in-time originalist approach.

Which case established that the Canadian Senate could not be fundamentally changed or abolished without following the general (7/50) or unanimity amending formula?

Answer: Reference re Senate Reform [2014]

In Reference re Senate Reform [2014] the SCC held that the federal government could not unilaterally impose term limits, abolish the Senate, or establish a consultative election process without provincial consent under s. 38 or s. 41 of the Constitution Act, 1982.

A provincial statute requires all businesses to give 60 days' notice before closing. A federally incorporated company argues this is inapplicable to it under the doctrine of interjurisdictional immunity. What is the most likely outcome under current SCC doctrine?

Answer: IJI is applied with restraint; the law applies unless it impairs the core of the federal company's essential status

After Canadian Western Bank [2007], IJI is applied with restraint and only where the provincial law impairs the protected core of a federal undertaking or essential federal status. General employment notice requirements would typically apply to federal companies without impairing their core federal character.

Section 6 of the Charter guarantees mobility rights. Which right does s. 6(2) specifically protect?

Answer: The right of citizens and permanent residents to move and take up residence in any province and to pursue a livelihood in any province

Section 6(2) protects the rights of citizens and permanent residents to move and take up residence in any province and to pursue a livelihood there. This right is subject to s. 6(3) exceptions for laws of general application and affirmative action programs.

Which remedy does s. 52(1) of the Constitution Act, 1982 primarily authorize when a law is found to be unconstitutional?

Answer: A declaration that the law is of no force or effect

Section 52(1) provides that any law inconsistent with the Constitution is of no force or effect. The primary remedy is a declaration of invalidity. Courts may also read down, read in, or suspend a declaration. Damages under s. 24(1) are a distinct Charter remedy.