Unit 3 POGG

Unit 3 POGG

Peace, Order and Good Government

The Constitution

A written document that sets down all the important rules for

how a country operates

The British North America Act

1867, united Quebec, Ontario, New Brunswick and Nova Scotia (aka Confederation)

Defined areas of federal jurisdiction, provincial jurisdiction and shared areas (federal more powerful)

Federal Powers

Trade and Commerce Transportation across provincial borders Banking and power to raise money (taxes) Defense and foreign affairs Criminal law (includes creation of Supreme Court) Also the POGG clause – Peace, Order and Good

Government Gave federal government power to enact laws that

were needed to maintain POGG 2 main powers:

any genuinely new power not set out in the BNA act veto provincial powers in national emergency

Provincial Powers

Not as important jurisdictions in 1867 health education levy local taxes property and civil rights (labour laws, min. wage, worker’s

compensation, family court etc.)

Municipalities

not outlined in Constitution Creations of the province – subject to provincial law/rule

Sewage and garbage disposal Roads, sidewalks, snow removal Street lighting, parks Libraries, public transportation, pools and arenas

Local police and firefighting

Federal-Provincial Relations

Often a tug of war over money Federal government collects most taxes -

federal income tax, GST, customs and more

Provinces collect provincial income tax, PST and some licence fees (e.g. marriage and birth certificates, driver’s) Soon to be HST

Federal Government Accounting

Federal government uses equalization to divide the money Poorer provinces get more to assure equal access to

services

Supplies most of the money for health care – can withold money if Canada Health Act is not followed

in a province (e.g. extra billing, private clinics)

Federal government also finances university research projects and scholarships – provinces often object – want control of own

universities

Bringing Home the Constitution

Constitution lacked an amending formula A way to change the

constitution assuring that all provinces and federal government are represented

Pierre Trudeau patriated (brought home) the Constitution without support of all provinces all except Quebec

agreed in 1982

Amending Formula Today

Amendment Who must agree

Changing the roles of the Queen, GG, L-GChanging the use of English or French nationallyChanging the Supreme CourtChanging the amending formula

The federal government and all ten provinces

Changing the borders between provincesChanging the use, provincially, of English or French

The federal government and the affected provinces

Changing the Senate or the H of C The federal government All other changes The federal government and

seven of the ten provinces representing at least 50% of the population

The Canadian Charter of Rights and Freedoms

Guarantees rights to all Canadians (since 1982)

Citizens can make a case that their rights are being denied

Rights vs. privileges Driving is a privilege,

earned, and can be revoked

Some rights:

The right to life, liberty and security of the person

The right not to be arbitrarily detained or arrested

The right to enter, remain in, and leave Canada

The right to move and live in any province

The right not to be subjected to any cruel or unusual treatment or punishment

Some Freedoms

Freedoms are what the government does NOT do

Freedom of conscience and religion Freedom of thought, belief, opinion and

expression Freedom of peaceful assembly Freedom of association

Universal Declaration of Human Rights Set up in 1948 – Drafted by Canadian John Humphrey

Includes right to life, liberty, security of person

outlaws slavery, torture

right to education, free speech

right to participate in government, free elections

cannot be enforced – publicize violations to shame countries into action

Eleanor Roosevelt hold up ‘Universal Declaration of Human Rights” Nov 1949. As a UN Ambassador she was instrumental in its conceptionand drafting