COMPARATIVE CONSTITUTIONAL LAW

Class 5September 6, 2006

Milk comes in bags too!

A Heart Attack in a Bowl?=

Poutine

Not Used Often in the USA• Thanks to Henry

Ford

Robertson screwdrivers

Canadian Tire Money

Loonies and Toonies

Thrills• Tastes like soap

Origins of Canadian Constitution

• Dominion of Canada

Constitution Act, 1867, 30 & 31 Victoria, c. 3.

• Formerly British North America Act• Preamble: Whereas the Provinces of

Canada, Nova Scotia, and New Brunswick have expressed their desire to be federated into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom

Dominion of Canada in 1867

Canada Today (10 provinces, 3 territories)

Patriation• What is patriation?

Patriation• Canada Act, 1982, • Constitution Act,

1982• VERY DIVISIVE

EVENT

Supremacy• (1) The Constitution of Canada is the supreme

law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect.

• (2) The Constitution of Canada includes • (a) the Canada Act, 1982, including this Act; (b)

the Acts and orders referred to in the Schedule; and

• (c) any amendment to any Act or order referred to in paragraph (a) or (b).

COMPARE AND CONTRAST• U.S. Constitution • Canadian

Constitution

CANADA : Constitutional Monarchy

SOME MAJOR DIFFERENCES• Canadian Constitution is more than one

document• Initially a U.K. statute (Constitution Act 1867)• Amendment provisions differ depending on

type of amendment• Supreme Court not entrenched in

Constitution• Different concepts of separation of powers:

Canadian power concentrated in executive

SOME SIMILARITIES• Both are constitutions for modern

democracies• Federal constitutions• Bicameral representative legislative

assemblies• Judicial independence

Supreme Court of Canada

COMPARE AND CONTRAST• U.S. Supreme Court and Supreme

Court of Canada• Jurisdiction, judiciary, leave to appeal,

number of cases heard,

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

• All Commonwealth realms had right of appeal to Privy Council in England. Some retained this after independence but many began to find it out of tune with their values

JUSTICES OF THE SUPREME COURT OF CANADA

The Hon. Beverley McLachlin, P.C.

• Alberta/British Columbia 1989 (Brian Mulroney) Chief Justice 2000 (Jean Chretien)

The Honourable Mr. Justice Michel Bastarache

• New Brunswick 1997 (Jean Chretien)

The Honourable Mr. Justice William Ian Corneil Binnie

• Ontario 1998 (Jean Chretien)

The Honourable Mr. Justice Louis LaBel

• Quebec 2000 (Jean Chretien)

The Honourable Madam Justice Marie Deschamps

• Quebec 2002 (Jean Chretien)

The Honourable Mr. Justice Morris J. Fish

• Quebec 2003 (Jean Chretien)

The Honourable Madam Justice Rosalie Silberman Abella.

• Ontario 2004 (Paul Martin)

The Honourable Madam Justice Louise Charron

• Ontario 2004 (Paul Martin)

The Honourable Mr Justice Marshall Rothstein

• Manitoba 2006 (Stephen Harper)

The Honourable Madam Justice Louise Arbour

• (Ontario) 1999-2004• Currently U.N. High

Commissioner for Human Rights (2004- )

The Honourable Mr. Justice John C. Major

• (Alberta) 1992-2005• Appointed by Brian

Mulroney