fundamental principles Flashcards
(29 cards)
What is the Rule of Law?
The idea that in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules.
What is the first aspect of the Rule of Law?
Law is necessary to keep peaceful order.
This ensures that there will be a legal response to any unjust actions, preserving peace and civility.
What does it mean that law applies to everyone equally?
No one, no matter how important, rich, educated, or powerful, is above the law.
What is the third aspect of the Rule of Law?
No one can have unrestricted power to limit rights unless authorized by law.
What does Parliamentary Supremacy mean?
A legislative body is supreme to all other government institutions, including any executive or judicial bodies.
Is the Parliament the supreme law of the country?
No, the supreme law of Canada is the Constitution Act, which includes the Canadian Charter of Rights & Freedoms.
How many Supreme Court justices are there?
There are 9 Supreme Court Judges.
From which provinces do the Supreme Court justices come?
3 from Quebec, 3 from Ontario, 1 from the Maritimes, 2 from the West.
Are the Supreme Court justices evenly distributed by provinces?
No, because it is based on population.
Why is the Supreme Court important?
It upholds the rights listed in the Charter and sets precedents.
Are there any courts higher than the Supreme Court?
No.
Can the government override a Supreme Court’s decision?
Rulings by the Supreme Court are final unless Parliament passes a constitutional amendment.
What does the Provincial Court of Appeal do?
Hears appeals from lower courts and is heard by 3 or more judges.
What type of cases does the Superior Court deal with?
Indictable (serious) offences such as murder, robbery, and civil cases involving large sums of money.
What types of cases does the Provincial Court handle?
Summary (less serious) offences, including criminal, family, youth matters, small claims, traffic, and municipal by-laws.
What is the Federal Court Trial Division responsible for?
Hears and decides legal disputes arising in the federal domain.
What do Federal Administrative Tribunals do?
Make decisions on behalf of federal and provincial governments when it is impractical or inappropriate for the government to do so itself.
What is the structure of the military justice system in Canada?
A two-tiered tribunal structure with summary trials for less serious offences and court martial for more formal proceedings.
What does the Tax Court deal with?
Matters involving companies or individuals and tax issues with the government of Canada.
What is statutory law?
Law passed by any of the 3 levels of government.
What is common law?
Rules based on past decisions and court rulings (precedent).
What is unique about Quebec’s legal system?
Their civil laws are based on the Napoleonic Code, a single book of laws.
What are the 6 main legal principles?
- Presumption of Innocence
- Burden of Proof
- Habeas Corpus
- Right to a Fair and Speedy Trial
- Equality before the Law
- British Common Law
What does the presumption of innocence imply?
Anyone charged with a crime is presumed innocent until proven guilty.
