Ch. 1 - Canadian Legal System

Question 1

Constitution

Answer 1

source of all legal authority in Canada. made up of several statutes and conventions from both the British & Canadian parliaments. 3 primary features: division of powers, creation of courts and the charter.

Question 2

The Charter

Answer 2

the Canadian Charter of Rights and Freedoms. establishes individual rights that apply to all Canadians and non-citizens in many cases. freedom of speech, freedom of religion, freedom of association, the right not to be discriminated against.

Question 3

Division of powers

Answer 3

assigns to the federal and provincial govts rights to enact certain kinds of legislation in different sets of areas.

Question 4

Federal govt

Answer 4

controls national defense, postal service, broadcasting, criminal law, patent law. Constitution holds that federal law prevails in fed/prov disputes. Competition Act is federal statute.

Question 5

Prov govt

Answer 5

controls private law such as property rights, contracts, negligence law, and construction liens. Law affecting architecture and engineering. Generally labour law but not always. law changes from province to province.

Question 6

Supreme court

Answer 6

inherent jurisdiction, no monetary limits, no claim type limits. Judges appointed by Governor General and cannot be removed from the bench except for misconduct.

Question 7

Canadian Court System

Answer 7

1) Supreme Court of Canada
2) BC Court of Appeal
3) BC Supreme Court
4) Provincial Court
5) Local Court

Courts function independently. No court in any province has jurisdiction over courts in other provinces, federal court have no jurisdiction over provincial courts

Question 8

Provincial Court

Answer 8

no inherent jurisdiction, monetary limits ($25,000 in BC), type of claim rights

Question 9

Statute Laws

Answer 9

created by federal or provincial/territorial govts and must be compatible with the Charter

Question 10

Common Law

Answer 10

laws created by judges based on principles and equity established and modified over hundreds of years

Question 11

Civil Law

Answer 11

more codified version of common law where all laws are made through statutes. An attempt to codify the basic principles in all areas of law. Still in Quebec and Louisiana and based on the Napoleonic Code of France.

Question 12

Original Canadian Proclamation

Answer 12

July 1, 1867. The British North American Act 1867 now known as Constitution Act 1867.

Question 13

Canada Act

Answer 13

Signed by Queen Elizabeth II on April 17, 1982. Proclamation of the Constitution Act 1982