SE 25 Flashcards
(34 cards)
The Judiciary
Why is the judicial branch of government important to public policy?
1 It is responsible for i_________g constitutional law (o-legal)
i. D_______n of Powers
ii. C_____r of Rights and Freedoms
The Judiciary
Why is the judicial branch of government important to public policy?
1
It is responsible for interpreting constitutional law (macro-legal)
i. Division of Powers
ii. Charter of Rights and Freedoms
The Judiciary
- It is responsible for the area of a___________e law (m____o-legal)
i. R______s the relationships between the individual and the s____e
ii. Concerned with the day-to-day l________s of how administration takes place
The Judiciary
2.
It is responsible for the area of administrative law (micro-legal)
i. Regulates the relationships between the individual and the state
ii. Concerned with the day-to-day legalities of how administration
takes place
Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases
- P_______l and t________l courts
- Provincial and territorial superior courts
Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases
- Provincial and territorial courts
- Provincial and territorial superior courts
Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases
- Provincial and territorial courts of a_____l and Federal Court of A_____l
- Supreme Court of Canada
Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases
- Provincial and territorial courts of appeal and Federal Court of Appeal
- Supreme Court of Canda
Other Federal Courts in Canada
Federal Court of C_____a
Federal Court of A_____l
Other Federal Courts in Canada
Federal Court of Canada
Federal Court of Appeal
Other Federal Courts in Canada
S________d Courts
T__ Court of Canada
Court M_____l Appeal Court of Canada
Other Federal Courts in Canada
Specialized Courts
Tax Court of Canada
Court Martial Appeal Court of Canada
Provincial/ Territorial Courts
*Provincial Court of Alberta
+ C___l (Small Claims Court)
C______l
Provincial/ Territorial Courts
*Provincial Court of Alberta
+ Civil (Small Claims Court)
Criminal
Provincial/ Territorial Courts
*Provincial Court of Alberta
F______y
T______c
Y____h
Provincial/ Territorial Courts
*Provincial Court of Alberta
Family
Traffic
Youth
Canadian Charter of Rights and
Freedoms
Protects basic r______s and f_______s
that are essential to keeping Canada
a free and democratic society
Canadian Charter of Rights and
Freedoms
Protects basic rights and freedoms
that are essential to keeping Canada
a free and democratic society
Canadian Charter of Rights and
Freedoms
It ensured that the g_________t, or
anyone a_____g on its behalf, doesn’t
take away or interfere with these
rights or freedoms unreasonably
Has the power to influence our
society by i___________g laws and
policies
Canadian Charter of Rights and
Freedoms
Protects basic rights and freedoms
that are essential to keeping Canada
a free and democratic society
Canadian Charter of Rights and
Freedoms
- F__________l Freedoms
- D_________c Rights
- M_______y Rights
- L____l Rights
Canadian Charter of Rights and
Freedoms
- Fundamental Freedoms
- Democratic Rights
- Mobility Rights
- Legal Rights
Canadian Charter of Rights and
Freedoms
- E_______y Rights
- L______e Rights
- Minority Language Education Rights
Canadian Charter of Rights and
Freedoms
- Equality Rights
- Language Rights
- Minority Language Education Rights
Charter of Rights and Freedoms
Fundamental Freedoms
(a) freedom of c________e and r_______n;
(b) freedom of t_______t, belief, opinion and expression,
including freedom of the press and other media of
communication;
Charter of Rights and Freedoms
Fundamental Freedoms
(a) freedom of conscience and religion;
(b) freedom of thought, belief, opinion and expression,
including freedom of the press and other media of
communication;
Charter of Rights and Freedoms
Fundamental Freedoms
(c) freedom of peaceful a_______y;
(d) freedom of a_________n.
Charter of Rights and Freedoms
Fundamental Freedoms
(c) freedom of peaceful assembly;
(d) freedom of association.
Charter of Rights and Freedoms
Democratic Rights
Guarantees the democratic right to v__e in a general federal or provincial election and the right to be eligible for membership in the House of C_____s or of a provincial l_________e assembly
Charter of Rights and Freedoms
Democratic Rights
Guarantees the democratic right to vote in a general federal or provincial election and the right to be eligible for membership in the House of Commons or of a provincial legislative assembly
Charter of Rights and Freedoms
Democratic Rights
Provides that the maximum term of the House of Commons, and of all the provincial legislative assemblies, is ___e years.
Charter of Rights and Freedoms
Democratic Rights
Provides that the maximum term of the House of Commons, and of all the provincial legislative assemblies, is five years.
Charter of Rights and Freedoms
Democratic Rights
Establishes how frequently P_________t and provincial/territorial legislatures must meet, “There shall be a sitting of Parliament and of each legislature at
least once every t_____e months”
Charter of Rights and Freedoms
Democratic Rights
Establishes how frequently Parliament and provincial/territorial legislatures must meet, “There shall be a sitting of Parliament and of each legislature at
least once every twelve months”
Charter of Rights and Freedoms
Mobility Rights
Protects the mobility rights of Canadian citizens, and to a lesser extent that of
permanent residents.
Refers to the individual practice of e______g and e_____g Canada, and moving
within its boundaries.
Charter of Rights and Freedoms
Mobility Rights
Protects the mobility rights of Canadian citizens, and to a lesser extent that of
permanent residents.
Refers to the individual practice of entering and exiting Canada, and moving
within its boundaries.
Charter of Rights and Freedoms
Legal Rights
Everyone has the right to l__e, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Everyone has the right to be secure against unreasonable s_____h or s_____e
Charter of Rights and Freedoms
Legal Rights
Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Everyone has the right to be secure against unreasonable search or seizure
Charter of Rights and Freedoms
Legal Rights
Everyone has the right not to be arbitrarily d_____d or imprisoned
Everyone has the right on arrest or detention
a) to be i_______d promptly of the reasons therefor;
b) to retain and instruct c______l without delay and to be informed of that right; and
c) to have the validity of the detention determined by way of habeas corpus and to be
released if the detention is not lawful.
Charter of Rights and Freedoms
Legal Rights
Everyone has the right not to be arbitrarily detained or imprisoned
Everyone has the right on arrest or detention
a) to be informed promptly of the reasons therefor;
b) to retain and instruct counsel without delay and to be informed of that right; and
c) to have the validity of the detention determined by way of habeas corpus and to be
released if the detention is not lawful.
Charter of Rights and Freedoms
Legal Rights
Any person charged with an offence has the right
to be informed without unreasonable delay of the specific offence
To be t____d within a reasonable time
Not to be compelled to be a w______s
To be presumed i_______t
Not to be denied b__l
Charter of Rights and Freedoms
Legal Rights
Any person charged with an offence has the right
to be informed without unreasonable delay of the specific offence
To be tried within a reasonable time
Not to be compelled to be a witness
To be presumed innocent
Not to be denied bail
Charter of Rights and Freedoms
Legal Rights
Any person charged with an offence has the right
to be informed without unreasonable delay of the specific offence
To trial by jury
Not to be found g______y unless action constituted an offence
Not to be tried again To lesser punishment
Charter of Rights and Freedoms
Legal Rights
Any person charged with an offence has the right
to be informed without unreasonable delay of the specific offence
To trial by jury
Not to be found guilty unless action constituted an offence
Not to be tried again
To lesser punishment
Charter of Rights and Freedoms
Legal Rights
Everyone has the right not to be subjected to any cruel and unusual t________t or p_________t
Charter of Rights and Freedoms
Legal Rights
Everyone has the right not to be subjected to any cruel and unusualtreatment or punishment
Charter of Rights and Freedoms
Legal Rights
A witness who testifies in any proceedings has the right not to have any inc_________g evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence
Charter of Rights and Freedoms
Legal Rights
A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence