Canadian Constitutional Law Flashcards

Which document is the supreme law of Canada that makes any inconsistent law of no force or effect?

Answer: The Constitution Act, 1982

Section 52(1) of the Constitution Act, 1982 declares it the supreme law of Canada and renders any inconsistent law of no force or effect. The 1867 Act established Confederation but lacked this supremacy clause.

Under the Constitution Act, 1867, which section distributes legislative powers between Parliament and the provincial legislatures?

Answer: Sections 91 and 92

Sections 91 and 92 of the Constitution Act, 1867 are the foundational division-of-powers provisions: s. 91 lists federal heads of power and s. 92 lists provincial heads of power.

The 'peace, order, and good government' clause in s. 91 of the Constitution Act, 1867 gives Parliament residual power. In which scenario has the Supreme Court of Canada upheld POGG as a basis for federal legislation?

Answer: Enacting anti-inflation measures as a national emergency

In Re: Anti-Inflation Act [1976] the SCC upheld federal anti-inflation legislation under the emergency branch of POGG, finding a rational basis for Parliament declaring a national emergency.

Which constitutional doctrine allows a validly enacted federal or provincial law to apply to a matter that would otherwise fall under the other level of government's jurisdiction, provided the law is 'in pith and substance' within the enacting body's jurisdiction?

Answer: Double aspect doctrine

The double aspect doctrine recognizes that one matter can have both federal and provincial aspects, allowing both levels to legislate on it from their respective angles without conflict.

Under the federal paramountcy doctrine, when does a validly enacted provincial law become inoperative?

Answer: When there is an operational conflict with a valid federal law, or the provincial law frustrates a federal purpose

Federal paramountcy renders provincial laws inoperative only where (1) compliance with both laws is impossible, or (2) the provincial law frustrates the purpose of the federal law. The provincial law is not void—it merely sleeps.

Which of the following is NOT a recognized head of provincial legislative authority under s. 92 of the Constitution Act, 1867?

Answer: Criminal law and procedure

Criminal law and procedure is a federal head of power under s. 91(27). Property and civil rights (s. 92(13)), matters of a local or private nature (s. 92(16)), and provincial company incorporation (s. 92(11)) are all provincial.