CLASS 2 - Sources of the Law, The Constitution, The Litigation Process, The Court System, ADR

Question 1

What is the most important source of the law?

Answer 1

The Constitution - it’s the foundation of everything else

Question 2

What does amending the Constitution require?

Answer 2

1. Parliament

2. Two-thirds of all provinces with at least 50% of the population

Question 3

When is a law of no force or effect?

Answer 3

When it’s inconsistent with the Constitution.

Question 4

What kind of country is Canada and why?

Answer 4

Canada is a a federal country because it has two levels of government.

Question 5

Why is the municipal government not included as one of their levels of government?

Answer 5

The municipal government is created by the provincial government and isn’t included in the two official levels of government.

Question 6

Define residual power.

Answer 6

Federal Government has authority over over everything that is not specifically listed in the Constitution.

Question 7

What is meant by ‘ultra vires legislation’?

Answer 7

If a law is created outside scope of government’s authority it had no force or effect (section 52).

Question 8

How did the Charter change the law?

Answer 8

Before the Charter, if a law fell within the division of powers, it was generally valid.

Now a law must meet the Charter’s standards otherwise it has no force or effect.

Question 9

What interests are not protected by the Charter?

Answer 9

Economic and property interests.

ex. right to carry on business or enjoy property

Question 10

The Charter only deals with issues that involve the ___________.

Answer 10

The government.

Question 11

Issues that involve corporations are dealt with by ____________.

Answer 11

The Human Rights Tribunal.

Question 12

What are the questions you have to ask to see if the Charter has been breached?

Answer 12

1. Is it a government action?
2. Did the right level of government pass it? (sections 91 and 92)
3. Is there a Charter violation?
4. Is it within reasonable limits? (section 1 - the courts can do whatever they want)

Question 13

List the 3 limitations of the Charter.

Answer 13

1. only applies to government action
2. may apply in favour of private business (who can say their Charter rights have been infringed)
3. rights subject to reasonable limits

Question 14

What remedies can the courts award?

Answer 14

1. Declaration
2. Injunction
3. Striking Down
4. Severance, reading down, or reading in
5. Damages

Question 15

What is the legislative process?

Answer 15

1. Introduced as a bill.
2. Majority support through a series of readings
3. Finalized by a royal assessment

Question 16

What’s in section 91 of the Constitution?

Answer 16

Everything the federal government has control over.

Ex. tax, criminal, international and interprovincial trade

Question 17

What’s in section 92 of the Constitution?

Answer 17

Everything the provincial government has control over.

Ex. property and civil rights

Question 18

What’s in section 24 of the Charter?

Answer 18

Section 24 states that the courts remedy a violation of rights in anyway they feel just.

Question 19

What’s in section 1 of the Charter?

Answer 19

Section 1 suggests that the rights and freedoms in the Charter are subject to reasonable limits.