For Citation Quiz Flashcards
(125 cards)
1
Q
What is the definition of legislature?
A
The federal or provincial law-making body
2
Q
What is the definition of a legislation
A
The laws in force
3
Q
What is a bill?
A
Bill: A proposed law before the legislature
4
Q
What is statutory law?
A
Statutory law: Law expressed in a statute
(i.e. the Canada Elections Act)
5
Q
What is common law?
A
Law developed by judges (case law)
6
Q
What is civil law?
A
Law based on the civil code (Quebec)
7
Q
What does it mean when they say “a court has jurisdiction”?
A
The legal authority to do something (jurisdiction of a court to hear certain matters vs. geographic jurisdiction)
8
Q
What are the two sources of law?
A
Primary and Secondary
9
Q
What is primary law?
Give some examples
A
Primary Sources
Statutes
Regulations
By-laws
Case law
10
Q
What is secondary law?
Give some examples
A
Legal encyclopedias
Annotated statutes
Textbooks
Journal articles
Dictionaries
11
Q
Can you rely on secondary sources?
A
Although secondary sources are very helpful, they are not a substitute for primary law
- You cannot cite a legal encyclopedia as your source – you must cite directly to the law itself
- Secondary sources help you understand and interpret primary law and they should be used as a guide
- Some secondary sources (particularly textbooks) can be out of date, so it is very important that you find the current version of the law
12
Q
What are the three branches of the CAD government?
A
Executive
Leglislative
Judicial
13
Q
What does the executive branch do?
A
Executive
Can introduce bills to the legislative branch and create regulations
14
Q
What does the legislative branch do?
A
Legislative
Members can introduce and vote on bills that become law
15
Q
What does the judicial branch do?
A
Judicial
Judges responsible for interpreting and applying the law (but also exercise an important check on the other branches and ensure laws are constitutional)
16
Q
What is the difference between a statute and a regulation?
Can you have a regulation without a statute?
A
Statutes are laws made by Parliament or the Legislature and are also known as Acts. They may create a new law or modify an existing one.
Regulations are the rules that address the details and practical applications of the law. The authority to make regulations related to an Act is assigned within that Act.
No. you need an act to make a regulation of the act.
17
Q
How many readings does a federal bill need in each chamber of parliament?
A
Recall that a federal bill must go through three readings in each chamber of Parliament (House of Commons and Senate) to become law
18
Q
If a bill has an “S” what does that mean?
A
It was introduced by the senate
19
Q
If a bill has the letter “C” what does that mean?
A
House of commons
20
Q
Once a bill passes in both champers, what will it receive? By whom?
A
Once the bill passes in both chambers, it will receive Royal Assent from the Governor General
21
Q
What does a provincial bill need to pass?
Where does it need to pass?
A
A provincial bill in Ontario must also go through three readings, but only in the Legislative Assembly (there is no provincial Senate)
22
Q
What is royal assent?
When royal assent is given, does the statute come into force automatically?
What are the three ways a statute can come into force?
A
Royal Assent is a process by which the King’s representatives are approving a new law. Thus it is a bill, until given Royal Assent and then it is a statute
Royal Assent and coming into force, however, are not always the same thing
A statute can come into force in three different ways: upon Royal Assent, on a specified date listed in the statute, or by proclamation
23
Q
What is the process of making a regulation?
Is there always a minster authorized in the statute?
Are formal readings/approval by a legislature required?
A
The process for making a regulation is not as complex as that of a statute
A subordinate body will propose, draft, and approve the regulation
There is always a specific minister or entity authorized in a statute to develop regulations
Formal readings or approval by a legislature is not required, though a regulation has the same force of law as a statu
24
Q
What is the difference between vertical stare decisis and horizontal stare decisis?
A
Vertical: SCC binds all lower courts
Horizontal: SCC binds other SCC decisions, COA binds other COA decisions.
25
Can the SCC hear federal or provincial cases?
Both. Can hear provincial COA cases and federal COA cases
26
Why is legal research necessary? Provide some examples
Legal research is necessary to:
* Determine the applicable law
* Locate the applicable law
* Update the applicable law
* Help you understand the law (this is where secondary sources come in)
* Apply the law to the facts of your legal problem
* Advise a client
27
Whats the IRAC stand for?
1. Identify the issue(s) in a legal problem (ISSUE)
2. Determine and locate the applicable law for each issue (and update
the applicable law if necessary) (RULE)
3. Apply the law to the facts of the legal problem (ANALYSIS)
4. Reach a conclusion (CONCLUSION)
28
The "I" in the IRAC is usually stated as a what?
A question
29
Whats the point of providing case illustrations?
Designed to provide support and further clarification for the rule(s) you have outlined and explained
30
Statutes:
1) What does it do?
2) Does it have to go through formal bill passages?
3) Do amendments have to go through formal bill passages?
- Sets out a broad legislative scheme (or roadmap)
- Has to go through the formal bill passage stages to become law
- Any amendment also has to go through the formal bill passage stages
31
Regulations:
1) What does it do?
2) What do you need in order to create a regulation?
3) What is it often called?
4) Does it need formal passes?
5) Is it as powerful as a statute?
1) Sets out more specific rules/procedure
2) Is created from an enabling statute
3) Also referred to as subordinate legislation
4) Unlike legislation, regulations are not made by Parliament but rather by persons or bodies that Parliament has given the authority to make them in an Act, such as the Governor in Council or a Minister. It does need formal passes, and are created and amended more quickly than statutes
5) Still has the same force of law as a statute
32
"This act may be cited as the divorce act"
Is this a short title or long title?
Short title
33
Is the short title or long title used in McGill Guide? (statutes)
Short title
34
What does long title often begin with? (statutes)
"An act respecting"...
35
What is the preamble portion for a statute?
Short statement explaining statutes content
36
What is the purpose portion for a statute?
Explains the specific purposes for which the statute was created
37
What is the interpretation section for a statute?
Provide definitions
Is critically important
38
What is the body for the statute?
Basically the table of contents
39
s 15(1)(a)(i)
How would you say this out loud
Section 15
Subsection 1
Paragraph a
Subparagraph I
40
Will the commencement information be in a consolidation version of a state?
No
41
Will the commencement information be in a annual state version?
Yes
42
What is the annual statute version?
Its what it looked like when it was originally passed
43
* There are three main rules of statutory interpretation:
1. The literal rule;
2. The golden rule; and
3. The mischief rule
44
What is the literal rule for statute interpretation?
Allows a court to consider the ordinary/common meaning of the words in a statute
* Supreme Court of Canada has endorsed this rule as the guiding rule on multiple occasions
45
What is the golden rule for statute interpretation?
If the literal meaning of statutory language results in an absurdity, the court can modify it
* The principle underlying this rule is that Parliament would not have intended for a statute to lead to absurd applications
46
What is the mischief rule for statute interpretation?
A court can examine what ‘mischief’ the drafters of the law were seeking to remedy
This rule involves looking at the state of the law prior to the passage of the statute in question
47
xx`
xx
48
What does Expressio unis est exclusio alterius mean?
the expression of one thing means the exclusion of the other”
49
What is the paramount rule in statutory interpretation
Remember that the paramount rule in statutory interpretation is to try to ascertain the legislature’s purpose in passing the law
50
Whats an annual statute?
Annual statutes are statutes passed in a given year
These versions of the statutes will appear as they were originally passed (no amendments)
51
Bill
Statute
Regulation
What are all three
A bill is a proposed law that needs royal assent to become law.
Once a bill passes, it becomes a statute which is law
Once a statute is present, a regulation can be made which governs how the statute is to be interpreted.
52
Whats a consolidated statute? (consolidated version)
Whats a currency date?
Consolidated versions of statutes incorporate all amendments that have been made to the statute up to a certain date
This date is referred to as the currency date
53
What was the last statute revision for federal laws?
The last federal statute revision was 1985
54
When was the last provincial statute revision?
The last provincial statute revision in Ontario was 1990
55
Whats an annual volume for statutes?
Annual volumes: statutes passed by Parliament in a specific year are collected and printed
56
SC 1997 for statutes:
What does SC stand for
What does this mean?
(Statutes of Canada, 1997) contains only statutes passed in 1997
57
True Or false: Statutes passed in Ontario each year are collected in a series for that year and printed in an annual volume
True
58
What was the last federal revision?
The last federal revision was the Revised Statutes of Canada 1985 (RSC)
59
What does RSC mean?
When was the last time it was used?
Revised statutes of Canada
1985
60
What does RSO mean?
When was the last time it was used?
Revised statutes of Ontario
1990
61
Ontario E-Laws website
A) What type of consolidated statutes does it contain
B) What type of annual provincial statues does it contain/since when?
The Ontario e-Laws website includes
(a) current consolidated provincial statutes; and
(b) annual provincial statutes enacted on or after January 1, 2000
62
Federal justice laws Website
1) what type of consolidated statutes does it contain?
2) What type of annual federal statues does it contain/since when?
3) If you are researching an annual statute and you need to see what it looked like prior to the dates above, you must?
The federal Justice Laws website includes
1) current consolidated federal statutes; and
2) annual federal statutes enacted after 2001
3) Consult print statute books
63
Decisions of provincial/territorial courts of appeal bind all lower courts within that xxxx?
Province
64
What does "leave to appeal" mean?
Leave to appeal = seeking permission to appeal a decision
65
What is the role of an appellate court?
The party appealing the case must show that an error was committed at the trial level
66
What is a headnote in a case?
* A headnote is a publisher/editor’s explanation of the case and it appears before the actual decision begins
* Elements of a headnote:
* “Catch lines” (i.e. “Constitutional law – Charter of Rights – search and seizure – police using thermal imaging device to take “heat” picture of accused’s home from aircraft without warrant”)
67
When a court makes a decision in case law, (aka conclusion) what is this called?
The order being made at the end of the case is referred to
as the disposition
Examples:
“Appeal dismissed”
“Motion granted”
“Judgment in favour of the plaintif
68
What is a great place to start when you need to conduct research?
Provide an example or two
Encyclopedias are a great place to start your research when you are unfamiliar with the legal issue
* The Canadian Encyclopedic Digest (CED) is available online through Westlaw (your textbook shows you how to use this resource in Chapter 7)
* Halsbury’s Laws of Canada is available through Lexis+
69
Noting up a case
1) Why is it important
2) What two things does it show you?
3) What is it basically?
This is an important process used to determine if a case is still considered “good law”
1) Its judicial history (how it moved through the court systemand what was decided by lower courts); and
2) How it has been treated by subsequent cases (has it been consistently applied, distinguished, or overruled?)
3) Remember on stairs we had to look cases citing to/cases citing about? Thats basically noting up
70
Why is noting up a statue important?
Noting up a statute allows you to see how a section of a statute has been judicially considered
This is useful when you have a statutory rule and you wish to see how courts have interpreted and applied that rule
71
These are all examples of law reporters.
What does each mean?
SCR
OR
DLR
CCC
* Supreme Court Reports contain only decisions of the Supreme Court of Canada
* Ontario Reports contain decisions of the Ontario courts
* Dominion Law Reports contain decisions from all over Canada
* Canadian Criminal Cases contain cases relating to the specific field of criminal law
72
Why would a case be published in a case reporter?
Any cases that is not in a case reporter/any reporter is referred to as?
Only a selection of cases will be published in a case reporter (i.e. a case that
clarifies a point of law or raises a novel issue)
The rest of the cases are referred to as unreported
73
For case citation, what is a style of cause?
Is it always italicized?
Do you need a . after the V?
In criminal cases, what does "R" at the start mean?
Name of the case
Yes
No
R means Regina (The King)
74
Malette v Shulman (1990), 67 DLR (4th) 321 (Ont CA)
1) What is the Mallete v Shulman component?
2) What is the 1990
3) What is the 67?
4) What is the DLR?
5) What is the (4th)?
6) What is the 321?
7) What is the (Ont CA)
1) Style of cause
2) Year of decision
3) Law report volume number
4) Name of law report serious (dominion law reporter)
5) Law report series number
6) Page number of reporter where case begins
7) Jurisdiction had to be added as it was not clear where the case is from
75
R v Borden (1993), 24 CR (4th), 1993 CarswellNS 18 (WL Can) (NSCA).
Break down each component
R v borden= Style of Cause
1993= Year of decision
24= Law reporter volume
CR= Name of law report (Criminal Reports)
(4th)= Law report series number
1993= year of decision in
76
R v Mathieu, [2008] 1 SCR 723.
Break it down
R v Mathieu is the style of cause
1= Law report volume
SCR= Name of law report series
723 Page number of reporter where case begins
77
R v Manning, 2013 SCC 1
What is this?
Break it down
A neutral Citation
R v Manning= Style of cause
2013 is year of decision
SCC is abbreviated name of the court
1 Chronological number indicating the decision’s place in the order of cases decided by that court in a given year
78
When do you need a parallel citation?
When you do not have a neutral citation
79
Gordon v Goertz, [1996] 2 SCR 27, 134 DLR (4th) 321.
Break it down
Gordon=Style of cause
1996= year of decision
2=Law reporter volume
SCR= Law reporter
27= where it can be found in law reporter
80
Junker v Hughes, 2016 ONCA 81 (CanLII)
What unofficial source is this from?
Canlii
81
Junker v Hughes, [2016] OJ No 506 (QL)
What unofficial source is this from?
- The Lexis+ citation will contain SCJ (for Supreme Court of Canada cases), BCJ
(for British Columbia cases), OJ (for Ontario cases), etc.
82
Junker v Hughes, 2016 CarswellOnt 1269 (WL Can)
What unofficial source is this from?
- A Westlaw citation will always have the word “Carswell” followed by the jurisdiction information in the middle
83
The McGill Guide establishes a hierarchy of sources:
Official reporter
Case law reporters/online databases
Neutral citation
Put them in order
* Neutral citation
* Official reporter (either Ex CR, FCR, or SCR)
* Other sources (case law reporters or online databases)
84
For cases that took place after 2000, what citation is typically available?
Neutral citation
85
R v Oakes
How do we structure this citation for a Supreme Court of Canada case?
We need a parallel citation as well
[1986] SCJ No 7 (QL)
[1986] CarswellOnt 95
[1986] 1 SCR 103
16 WCB 73
19 CRR 308
24 CCC (3d) 321 50 CR (3d) 1
14 OAC 335
26 DLR (4th) 200
65 NR 87
53 OR (2d) 71
[1986] 1 SCR 103
26 DLR (4th) 200
86
Black v Canada (Prime Minister)
[2001] OJ No 1853 (QL) 147 OAC 141
105 ACWS (3d) 239 199 DLR (4th) 228
54 OR (3d) 215
2001 CanLII 8537 (ON CA)
How do we structure this citation from an Ontario Court of Appeal case?
We need a parrell citation as well
54 OR (3d) 215
2001 CanLII 8537 (ON CA)
87
Vriend v Alberta (AG), [1998] 1 SCR 493 at 532- 34, 156 DLR (4th) 385.
Break it down
Vfreind v Alberta (AG)= style of cause
1998 is the year of decision
1= Law reporter volume
SCR= Reporter
493= Page Number
532-534 pinpoint
the rest is the parralel citation
88
R v Proulx, 2000 SCC 5 at para 27.
Break it down
Neutral citation
R v Proulx is style of casue
2000 is year of decision
SCC is the court
5 is the time in the year
para 27= pinpoint
89
What is the difference between:
an annual statute
A consolidated statute
A revised statute volume
Annual statutes:
Statutes passed in a given year
- Available in print (Statutes of Canada or Statutes of Ontario) and online (Justice Laws and e-Laws)
* Will appear as they were originally passed
* No amendments are included in an annual statute
Consolidated statutes:
* Available on Justice Laws and e-Laws
* Will incorporate all amendments into the statute * The most current version of the law you can find
Revised statutes volume:
* An old method of consolidating statutes (prior to the internet)
* All amendments up to a certain date were incorporated
* Statutes were alphabetized and assigned new chapter numbers in the revision
90
What is the difference between an official and unofficial source for statutes?
Why does this matter?
An official version of a statute or regulation can be used for evidentiary purposes
Remember that annual statutes found on justice laws are considered authoritative (not official)
Statutes and regulations found on online databases are unofficial
91
Whats the difference between a consolidation period and currency date?
Consolidation period:
the period within which the law is accurate (i.e. February 1, 2023 to the e-Laws currency
date)
* This means there was a recent change to the law
* If you consulted a prior version of the statute, it would not reflect that most recent amendment
Currency Date
the date that the law is current up to
* The currency date might be a few days/weeks behind
* This means that any new amendment that was passed after that currency date will not be included in the consolidated version
92
R v Oakes, 40 OR (2d) 660, 1983 CanLII 1850 (CanLII)
What is missing?
The year and jurisdiction
R v Oakes (1983), 40 OR (2d) 660, 1983 CanLII 1850 (CanLII) (Ont CA).
93
S-3 for a bill means what?
It was the third bill introduced in the senate
94
What is point in time research?
Why is it necessary?
This could involve any of the following:
* Looking up the annual statute version on Justice Laws or e- Laws
* Looking up a previous version of a consolidated statute on Justice Laws or e-Laws
* Comparing a previous version of a statute to its current version using CanLII
95
Carter v. Canada (Attorney General), [2015] SCC 5.
What is wrong with this?
1) No "." after V
2) Carter-General needs to be italicized
3) 2015 does not need square brackets
96
True or false: the consolidated regulations on e-Laws are considered official.
True
97
Describe two (2) resources you could consult if you are looking for background on a particular area of the law.
1) Encyclopedias
2) Law journal articles
3) Textbooks
98
4. Which of the following citations is to a case law reporter?
(a) [2015] SCJ No 5
(b) 384 DLR (4th) 14
(c) 2015 SCC 5
(d) [2008] CarswellNB 12
Break each down
a) 2015 is the year, SCJ is the reporter, no 5 is the volume
b) 384 is volume, DLR is reporter, 4th is series, 14 is page
c) 2015 year, SCC is court, 5 is number
d) 2008 year, Carswell is reporter, 12 not sure
Answer is B
99
5. Explain what “c 21” indicates in the citation below.
Chiropractic Act, 1991, SO 1991, c 21.
Chapter 21
100
6. What is the difference between an annual statute and a consolidated statute?
A consolidated Act or regulation is one that has been updated and incorporates the amendments into the original text.
The Annual Statutes accessible on the Justice Laws Website are a collection of the Public General Acts in the form in which they were originally enacted by Parliament in a given calendar year.
101
7. Which of the following is not a part of a neutral citation?
(a) Decision number
(b) Year
(c) Court level
(d) Docket number
D
102
Can you cite secondary sources?
No. Although secondary sources are very helpful, they are not a substitute for primary law
103
What can the official version of a statute/regulation be used for?
An official version of a statute or regulation can be used for evidentiary purposes
104
Can a unofficial version of a statute or regulation be referenced?
It cannot
105
Are annual states found on Justice Laws binding?
no they are considered authoritative
106
Are statutes and regulations found on line databases official or unofficial?
Statutes and regulations found on online databases are unofficial
107
Justice Laws consolidated statutes
Official or unofficial?
Official
108
Justice Laws consolidated regulations
Official or unofficial?
Offical
109
E-Laws consolidated statutes
Official or unofficial?
Offical
110
E-Laws consolidated regulations
Official or unofficial?
Official
111
E-Laws annual statutes
Official or unofficial?
Official
112
Are Statutes and regulations found on CanLII, Lexis, or WestLaw
Official or unofficial?
Unofficial
113
Whats the only branch that can create regulations?
Executive branch
114
For a federal bill, who gives royal assent?
For a provincial bill, who gives royal assent?
Governor General for federal
Lieutenant governor for provincial
115
Provincial/territorial court
Provincial/terriotiral courts of appeal
Provincial/territorial superior courts
Supreme Court
Put them in order
The Supreme Court of Canada is the highest court in Canada
Provincial/territorial courts of appeal are next down the hierarchy (i.e. the Ontario Court of Appeal)
Provincial/territorial superior courts sit below courts of appeal (i.e. the Ontario Superior Court of Justice)
Provincial/territorial courts sit below superior courts (i.e. the Ontario Court of Justice)
116
Whats the only court that can hear federal cases?
The SCC
117
Is commencement dates omitted from consolidated versions of the statute?
If you want to find the commencement date, what should you do?
Yes.
Find the annual statute version
118
Whats the modern approach to statutory interpretation?
The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliamen
119
What is a statute revision'? What were the purpose? How were they published?
Massive revisions occurred in the past to consolidate (bring together) all amendments that were made to statutes over a certain period
These revisions were published in large print volumes
120
Are the statutes of Ontario published annually?
Yes
121
What does RSC mean?
When was the last one?
Can there be a RSC 1990?
RSC mean revised statutes of Canada
1985
No
122
In case law, whats a Plurality opinion?
* Plurality opinion = a decision that is not the opinion of the majority of the court, but the opinion that receives the most support
123
The authority to create federal legislation rises with parliament of Canada, which comprises two chambers. What are the two chambers?
The authority to create federal legislation resides with the Parliament of Canada, which comprises two chambers: the House of Commons and the Senate.
124
What happens when the House of Commons and senate pass a bill?
When does it become a legislation?
It becomes an act
Once it receives royal assent and comes into force, the new act has the status of legislation, and is enforceable as federal law.
125
What does federal legislation include?
Federal legislation includes both statutes and regulation
