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Mega-constitutional orientations
Distinct perspectives, often associated with a particular region or group, on the identity and fundamental principles of the body politic.
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Meech Lake Accord
An agreement between the federal government and the provinces to amend the Constitution. The recognition of Quebec as a distinct society was the centerpiece of the accord. The objective of the Accord was to obtaining Quebec's consent for the Constitution Act 1982, but the Accord failed when it did not receive legislative support in Manitoba and Newfoundland.
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Procedural equality
A type of equality that requires the state to apply the law in a similar fashion to all citizens regardless of differences such as gender or race
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Substantive equality
A type of equality that requires the state to apply the law differently to different groups based on their relative advantages or disadvantages so as to obtain an equal outcome or standard of living for all people.
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Triple E Senate
An idea promoted by conservatives in Western Canada to make the Senate of Canada an elected chamber with an equal number of representatives from each province, with the hope of creating a more effective counterbalance to the House of Commons
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Charlottetown Accord
An agreement between the federal government, the provinces, and Aboriginal organizations to amend the Constitution. The primary objectives were to obtain Quebec's consent for the Constitution Act 1982, establish self-government for Aboriginal peoples, and reform the Senate. The agreement failed when Canadians rejected it in a referendum in October 1992.
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Bill C - 110, an Act Respecting Constitutional Amendments
A bill introduced and passed in parliament after the Quebec referendum in 1995 that states that the federal government will consent to an amendment of the Constitution only if it is supported by the legislators in the five regions of Canada, the Atlantic provinces, Quebec, Ontario, the prairie provinces, and British Columbia.
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Secession reference case
A case refer to the Supreme Court by the Government of Canada to determine the legality of a province separating from the Federation
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Critical election
An election with a sharp and durable realignment between political parties. It usually represents a more fundamental realignment of the pre existing political cleavages within the electric.
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Democratic deficit
Refers to a general public disinterest in politics and more specifically to the decline in voter participation.
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Median voter theorem
Siri the suggests political parties will appeal to voters in the center of the political spectrum, especially in the single member plurality electoral system.
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Life cycle
The term used by psychologists and sociologists to describe the distinct phases of life each individual goes through regardless of generation, such as being a toddler, attending elementary school, going to university, working in a career, and retiring.
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Cohort effort
The term used by sociologists to describe the unique characteristics of particular generations
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Post materialism
The shift in political values in recent times away from basic economic concerns towards social justice and environmentalism. It is more about quality of life rather than physical security
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Social capital
The term that describes the social benefits reaped from people participating in voluntary organizations.
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Civic virtue
The term that encapsulates the notion that citizens have obligations to ensure the well being of their communities.
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That aboriginal title was an inherent right they had before European arrival and could not be extinguished except by surrender to the Crown or by competent legislative authority and then only by specific legislation. The Niska lost the case on a technicality but won the war for all Aboriginal peoples.
What did the Calder case decide?
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That the Supreme Court of Canada would interpret treaty rights broadly. The mi'kmaq were allowed to practice commercial fishing but when they tried to go into the logging business the Supreme Court ruled that this was illegal because it was not a traditional Mi'kmaq practice.
What did the Marshall cases decide?
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the Aboriginal rights cannot be extinguished by stealth erosion or encroachment over time. Sparrow was caught using an oversized net. This led to the sparrow test which is meant to determine if a law constitutes a reasonable infringement on an Aboriginal right.
What did the Sparrow case decide?
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It created the criteria 4 establishing an Aboriginal right. In order to be an Aboriginal right an activity must be something that was practiced in the distinct culture prior to contact. She was charged for selling 10 salmon. She had an Aboriginal right to catch the salmon but not to sell the salmon.
What did the Van Der Peet case decide?
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The Supreme Court decided that it would accept oral histories as evidence of Aboriginal rights. It also determined that Aboriginal title was an Aboriginal right protected under Section 35. However the land must be used in the same way it was used prior to contact
What did the Delgamuukw case decide? (2)
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