CRIM 135 Chapter Notes - Chapter 4: Constitution Act, 1982, Brian Mulroney, National Assembly Of Quebec
2 Feb 2017
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Treaty must be interpreted in manner best reconciling interests of parties to it. For as long as canada has been nation, canadians have debated utility & value of legal structure. Number of govs w/i common overarching organization. Means to protect the values of a nation . Constitutional law diff from other forms of statute law. Cannot be changed by mere passage of new law through hoc & senate. Can be changed only by specific amending formula. Passed by british parliament for colony of canada. Sections 91 and 92 - set out powers of federal & provincial govs respectively. Section 91 - gives federal gov residual power to legislate in relation to matters appearing not to fall under any specific provincial/federal jurisdiction. Bicameral parliament - comprising elected hoc & appointed senate. Hoc was to be based on principle of representation by population. Senate based on principle of representation by region.
