Chapter 1 & 2

Question 0

Procedural Law

Answer 0

Steps to follow to pursue a case

Question 1

Statute Law

Answer 1

Written laws established by a legislative body

Question 2

Constitutional Law

Answer 2

Divides powers between federal & provincial governments

Question 3

Administrative Law

Answer 3

Controls relationship between citizens & government agencies

Question 4

Family Law

Answer 4

Deals with relationships between spouses, parents, and children.

Question 5

Property Law

Answer 5

Controls use, enjoyment, and rental of property

Question 6

Labour Law

Answer 6

Governs relationship between employers and employees

Question 7

Napoleonic Code 
(And its importance)

Answer 7

• based on roman law
• emphasized equality
• what Quebec’s civil laws are based on

Question 8

Magna Carta

Answer 8

• 1st constitution

- established habeus corpus (prisoners get a trial within a reasonable amount of time)

Question 9

Precedent

Answer 9

Rule established in a previous case that must be established in subsequent cases

Question 10

Rule of Law

Answer 10

Nobody is above the law - it applies to everyone

Question 11

Provincial Powers

Answer 11

• education

- natural resources

Question 12

How a bill becomes a law

Answer 12

• introduced to House of Commons (1st reading)
• goes to committee
• vote
• senate
• gg (royal asset)
• statute
• comes into effect on proclamation day

Question 13

Federal Powers

Answer 13

• criminal law

- aboriginal people & their land

Question 14

Private Law

Answer 14

Controls relationships between citizens, & citizens vs. organizations

• family law
• contract law
• tort law
• property law
• labour law

Question 15

Public Law

Answer 15

Controls relationship between government and people

• criminal law
• constitutional law
• administrative law

Question 16

3 components of Canada’s constitution

Answer 16

• BNA Act
• Statute of Westminster
• Constitution Act

Question 17

English Common Law

Answer 17

Kings decided to appoint judges to discuss cases based on precedent

Question 18

Substantial Law

Answer 18

Divided between private and public law

Question 19

Statute of Westminster

Answer 19

• 1931
• make our own laws
• control our foreign policy

Question 20

BNA Act

Answer 20

• 1867

- makes Canada a nation and divides federal & provincial powers

Question 21

Constitution Act

Answer 21

• 1982
• BNA act
• Amending formula
• Charter of Rights and Freedoms

Question 22

Criminal Law

Answer 22

Rules passed by parliament defining offences against society

Question 23

Contract Law

Answer 23

Outlines requirements for legally binding agreements

Question 24

Tort Law

Answer 24

Deals with wrongs one person commits against another person (ie. negligence)

Question 25

Case Law | Common law

Answer 25

A system based on the outcome of precedents

Question 26

What is law?

Answer 26

- a set of rules established by gov. for all members of society to follow - sets consequences - reflects society's values - provides basis for solving disputes

Question 27

4 main functions of law

Answer 27

- establish rules of conduct -> minimize possible conflict - protect rights and freedoms -> use police and courts to enforce laws - Protects society against those who may take advantage - sets up structure of gov. & directs us on how to make new laws

Question 28

Rights

Answer 28

Can't be denied

Question 29

Freedoms

Answer 29

Have limitations

Question 30

Civil rights

Answer 30

Limits governments power

Question 31

Human rights

Answer 31

Protect someone from discrimination between individuals

Question 32

Canadian Bill of Rights

Answer 32

Federal law - provincial law can choose to deny parts of it

Question 33

Canadian Charter of Rights and Freedoms

Answer 33

Supreme law - hard to deny

Question 34

Why do some people believe the Charter gives the courts too much power?

Answer 34

Because judges can overrule laws and decide charter violations

Question 35

Section 32 of Charter

Answer 35

Your rights with regard to federal and provincial powers are protected

Question 36

Section 1

Answer 36

Limitation - allows gov. to limit an individual's rights to prevent objectionable conduct (ie. hate speech)

Question 37

Section 33

Answer 37

Notwithstanding clause - allows gov. to pass laws that are exempt from certain parts of the charter (ie. laws about fundamental freedoms, legal, and equality rights)

Question 38

Enforcement of charter rights

Answer 38

- illegally sourced evidence can be left out of proceedings - make personal complaint to courts - law can be struck down

Question 39

Categories of Rights and Freedoms within the charter

Answer 39

- fundamental freedoms - conscience & religion - thought, belief, expression - peaceful assembly & association - democratic rights - mobility rights - legal rights - equality rights - official languages - minority language educational rights - aboriginal rights - multicultural & heritage rights

Question 40

Fundamental freedoms

Answer 40

- Basic rights and freedoms of Canadians | - includes: conscience & religion; thought, belief, expression, opinion; peaceful assembly & association

Question 41

Democratic rights

Answer 41

Right to vote

Question 42

Mobility rights

Answer 42

Move freely inside & outside Canada

Question 43

Legal Rights

Answer 43

For criminal acts & imprisonment

Question 44

Equality Rights

Answer 44

Equal treatment under the law

Question 45

Official Languages

Answer 45

English & French have equal importance

Question 46

Minority Language Education Rights

Answer 46

Providing education in French/English

Question 47

Aboriginal Rights

Answer 47

Charter rights can't interfere with treaty rights

Question 48

Multicultural & Heritage Rights

Answer 48

Consider Canada's multiculturalism when making laws

Question 49

Stereotyping

Answer 49

Making a global judgement on all members of a group

Question 50

Prejudice

Answer 50

Applying a stereotype to an individual

Question 51

Discrimination

Answer 51

When a person acts on a prejudice or stereotype

Question 52

Intentional Discrimination

Answer 52

Purposely committing a discriminatory act

Question 53

Unintentional Discrimination

Answer 53

Treating others unfairly without being aware of it

Question 54

Intent of human rights legislation

Answer 54

To protect people against discrimination from private businesses as well as other people

Question 55

Procedure for human rights complaints

Answer 55

- file a complaint with human rights commission within 6 months - human rights officer will interview you/investigate - go to human rights tribunal