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Law 12 - W > Intro to Law and CRF > Flashcards

Intro to Law and CRF Flashcards

1
Q

What are the four characteristics of justice?

A
  • Context (all casses treated alike but different casses treated differently)
  • Relevance (not basses on irrelevant characteristics)
  • Impartial (does not take sides)
  • Reflective (of socitities values anc belifs)
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2
Q

What is Common Law?

A

established buy traveling courts. discustion between judges to set precident.

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3
Q

What is Magna Carta?

A
  • provided people with basic rights (fair trial, justice)
  • rule of law (no one is above the law)
  • habeas corpus
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4
Q

What is Habeas Corpus?

A

the right of an arrested person to be promptly brought before a judge, not detained without cause

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5
Q

What is the Napoleonic Code?

A
  • development of the french civil law

- influenced the quebec civil law

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6
Q

What is the Great Binding Law?

A
  • Iropuois confederacy oral laws

- esttablished rights duties and resposibilities of the aboriginal people and their leaders.

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7
Q

What is the Statute Law?

A

a collection of written laws adopeted by a legislative body.

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8
Q

What is the British North American Act?

A
  • 1867

- british parliment created the dominion of Canada.

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9
Q

What is a Constiution?

A

the document that outlines how a country should be structured and how it should function.

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10
Q

What is the the structure of the Canadian Federal Goverment System?

A
  • Federal; more power in federal gov, but not all.

- Provincial; provincial power and juristiction, less than federal.

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11
Q

What and when was the Statute of Westminster?

A
  • 1931

- granted Canada the authourity to make its own laws apart from England, and to make its own nation-nation agreements.

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12
Q

What was the Constitution Act 1982?

A
  • Charter of Rights and Freedoms

- procedure for changeing consttution

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13
Q

What are the Residual Powers?

A

the federal responsibility to make laws in areas not already assigned to the provinces. Also as society evolves and new areas of law come up the federal gov has authourity.

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14
Q

When was the Charter of Rights and Freedoms created?

A

1982

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15
Q

What is a Right?

A

the legal, moral or social entitlements that are due to all people simply because they are human beings.

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16
Q

What is a Freedom?

A

Refers to the people being able to live their lives without being hampered or frustrated.

17
Q

What are the four fundemental freedoms under Section 2 of the CRF?

A

freedom of…

  • conscience and religion
  • peacefullassembly
  • associaiton
  • thought belif, opinion and espresion.
18
Q

What is Section 3 of the CRF?

A

Democratic Rights

19
Q

What is Section 7 of the CRF?

A

Life Liberty, security or a person

20
Q

What is Section 8 of the CRF?

A

Unreasonalble search and seizure

21
Q

What is Section 9 of the CRF?

A

Arbitrary detention or imprisionment

22
Q

What is Section 10 of the CRF?

A

Promptly informed of the reason for the arrest or detention

23
Q

What is Section 11 of the CRF?

A

If arrested or detained…

  • to procede to trial within a reasonalbe amount of time.
  • to be promply informed of your right to legal council
  • to not be fored to testify at your own trail
  • to be inocent untill proven guilty
  • If acquitted not tot be tried not the same offence again.
24
Q

What is Section 12 of the CRF?

A

no to recive cruel and unusual treatment

25
Q

What is Section 13 of the CRF?

A

Witness statements cannot incriminate

26
Q

What is Section 14 of the CRF?

A

Interpreter provided, if necessary

27
Q

What is Section 15 of the CRF?

A 
equality reights (gender, language, racial)
- everyone is equal
28
Q

What is section 35 of the CRF?

A

recognized and affirns existing aboriginal rights but does not define them.

29
Q

What do aboriginal rights include?

A

the right…

  • to land
  • to practice one’s own culture
  • establish treaties
30
Q

Why was section 35 of the CRF added?

A

beacue canadian indigenous people protested.

2 major concers:

  • existing agreement would no longer hole legal weight
  • no longer considerd autonomous decision-makers at the federal level.
31
Q

What is section 35 most relevant to now?

A
  • land claims and treaties
  • truth and reconciliation
  • climate change

Law 12 - W (4 decks)

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