List at least four of the powers given to the federal government in the BNA Act which seemed to establish its supremacy in the Canadian federal system and briefly explain why.
Part 1 – Short Answers
Choose 2 of the following questions and respond to both of them in clear and full sentences. You must refer to min 2 course materials, and 1 outside source, per question. Use proper citation methods, and include 1 total bibliography at the end of the exam for all sources used in your answers. Aim for roughly 1 page single spaced per answer.
- List at least four of the powers given to the federal government in the BNA Act which seemed to establish its supremacy in the Canadian federal system, and briefly explain why.
- What were some of the main reasons that certain factions supported or were against entrenching the Charter as part of the government’s nation-building strategy in the 1970s-80s? Why were these important?
- Identify and discuss ‘Bill 101’, explaining the controversies involved with the Bill’s implementation through the years, and make reference to the outcomes of certain Charter cases that have challenged the Bill.
- Discuss the pros and cons of the Charter by critically examining some of the main critiques of the Charter and of judicial review as discussed in readings/lecture. Finally, comment on where you stand on the issue.
- Identify the parts of the Canadian Constitution that make provision for Indigenous peoples. Consider the merits and drawbacks of these provisions, commenting on whether they do enough to protect Indigenous self-government. If so, how? If not, why not and what constitutional change is needed?
Part 2 – Essay Question
Choose 1 of the following and answer it in essay format with clear paragraphs, and full sentences. You must refer to course materials- lectures, readings, other materials and cite them formally. Min. 3-4 sources. Aim for 2 pages single spaced.
- What were some of the major causes of Canadian federalism; the compromises necessary to create this federation, and its distinctive features that had led some analysts to debate whether or not Canada had started out as a genuine federal state?
- First explain the origins and sources of Legal Rights. Second, drawing on a few cases, discuss how SCC decisions and their outcomes have challenged the way we think about our legal rights.
- The Federal Carbon tax came into effect last year for provinces that did not have a carbon pricing regime. A number of provinces challenged the legality of the carbon tax. On what grounds did each side argue in the Appeal Courts, and which are the better arguments?
*Include 1 bibliography with all sources used, at the end of the document.