Lesson: 11

Topic: Canada's Amending Formula

Objectives:

During this class students will examine the amending formula associated with constitutional reform.

• residual powers,
• ultra vires, and
• intra vires.

Method of Instruction and Evaluation:

To assist students in exploring the issues outlined above, the class will form into four to five groups. Each group will engage in an online "treasure hunt" of sorts, in which the groups attempt to identify precisely which sections of Part V of Canada's constitution outline each of the five respective requirements of the amending formula. In addition, the groups must indicate what type of changes would invoke each particular requirement under the amending formula. The first group to email me the completed table below will win the treasure hunt!

Expectations Addressed:

The "Rights and Freedoms" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. The specific expectations addressed by this lesson have been highlighted below.

• Human Rights in Canada:

  • explain the evolution of Canadian human rights legislation from English common law to the Canadian Bill of Rights and then the Canadian Charter of Rights and Freedoms;

  • evaluate the protections provided by federal and provincial human rights legislation (e.g., Canadian Human Rights Act, Ontario Human Rights Code);

  • identify historical and contemporary barriers to the equal enjoyment of human rights faced by individuals and groups in Canada, and analyse their effects.

• Canadian Constitutional Law:

  • distinguish between the law-making powers of the federal, provincial, and municipal governments;

  • explain what a constitution is and why it is necessary;

  • explain the role of the courts in determining law-making jurisdiction;

  • explain the significance of key events in Canadian constitutional history (e.g., the British North America Act, 1867; the Statute of Westminster, 1931; the Constitution Act, 1982; the Meech Lake Accord, 1987; the Charlottetown Accord, 1992).

• The Canadian Charter of Rights and Freedoms:

  • explain what is meant by entrenching rights in a written constitution;

  • analyse how rights and freedoms are protected under the Charter of Rights and Freedoms (e.g., fundamental freedoms; democratic, mobility, legal, equality, and language rights);

  • explain how rights included in the Charter are accompanied by corresponding responsibilities or obligations;

  • explain how citizens can exercise their rights under the Charter (e.g., by initiating Charter challenges in the courts to legislation or government action; by raising the Charter as a defence when charged with an offence).

• The Legislature and the Judiciary:

  • explain how rights may be limited or overruled according to the Charter (e.g., section 1, section 33);

  • evaluate the role of the courts and tribunals and, in particular, the Supreme Court of Canada, in interpreting Charter rights;

  • describe how Charter rights are enforced.

• Minority and Majority Rights:

  • identify historical and contemporary examples of conflicts between minority and majority rights (e.g., Riel Rebellion, the Quebec sovereignty debate, First Nation land claims);

  • explain why it is difficult but essential to balance majority and minority rights in a democracy;

  • evaluate the political and legal avenues available for resolving conflicts (e.g., the courts, tribunals, legislation, referendums).

Resources:

Text Reference:
• Chapter #5, pages 143-161 (required reading)

Handouts:
• Amendments to Canada's Constitution
• Constitutional Amending Formula
• Constitution Act, 1982 (Part V)

Relevant web sites:

• Fact Page: The Canadian Constitution
• Canadian Constitutional Law
• Constitution Act, 1982
• Constitution Act, 1982, Schedule B (full document)
• Canadian Constitutional Documents Provides a brief explanation of all significant Acts in relation to the Constitution with links to each.
• Canadian Charter of Rights and Freedoms