SE 25 Flashcards

(34 cards)

1
Q

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

A

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

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2
Q

The Judiciary

  1. 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
A

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

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3
Q

Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases

  1. P_______l and t________l courts
  2. Provincial and territorial superior courts
A

Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases

  1. Provincial and territorial courts
  2. Provincial and territorial superior courts
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4
Q

Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases

  1. Provincial and territorial courts of a_____l and Federal Court of A_____l
  2. Supreme Court of Canada
A

Canada’s Court System
4 Levels of Court: Each court has its
own jurisdiction, i.e. the authority to
decide specific types of cases

  1. Provincial and territorial courts of appeal and Federal Court of Appeal
  2. Supreme Court of Canda
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5
Q

Other Federal Courts in Canada

Federal Court of C_____a
Federal Court of A_____l

A

Other Federal Courts in Canada

Federal Court of Canada
Federal Court of Appeal

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6
Q

Other Federal Courts in Canada

S________d Courts
T__ Court of Canada
Court M_____l Appeal Court of Canada

A

Other Federal Courts in Canada

Specialized Courts
Tax Court of Canada
Court Martial Appeal Court of Canada

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7
Q

Provincial/ Territorial Courts
*Provincial Court of Alberta

+ C___l (Small Claims Court)
C______l

A

Provincial/ Territorial Courts
*Provincial Court of Alberta

+ Civil (Small Claims Court)
Criminal

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8
Q

Provincial/ Territorial Courts
*Provincial Court of Alberta

F______y
T______c
Y____h

A

Provincial/ Territorial Courts
*Provincial Court of Alberta

Family
Traffic
Youth

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9
Q

Canadian Charter of Rights and
Freedoms

Protects basic r______s and f_______s
that are essential to keeping Canada
a free and democratic society

A

Canadian Charter of Rights and
Freedoms

Protects basic rights and freedoms
that are essential to keeping Canada
a free and democratic society

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10
Q

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

A

Canadian Charter of Rights and
Freedoms

Protects basic rights and freedoms
that are essential to keeping Canada
a free and democratic society

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11
Q

Canadian Charter of Rights and
Freedoms

  1. F__________l Freedoms
  2. D_________c Rights
  3. M_______y Rights
  4. L____l Rights
A

Canadian Charter of Rights and
Freedoms

  1. Fundamental Freedoms
  2. Democratic Rights
  3. Mobility Rights
  4. Legal Rights
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12
Q

Canadian Charter of Rights and
Freedoms

  1. E_______y Rights
  2. L______e Rights
  3. Minority Language Education Rights
A

Canadian Charter of Rights and
Freedoms

  1. Equality Rights
  2. Language Rights
  3. Minority Language Education Rights
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13
Q

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;

A

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;

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14
Q

Charter of Rights and Freedoms
Fundamental Freedoms

(c) freedom of peaceful a_______y;
(d) freedom of a_________n.

A

Charter of Rights and Freedoms
Fundamental Freedoms

(c) freedom of peaceful assembly;
(d) freedom of association.

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15
Q

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

A

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

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16
Q

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.

A

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.

17
Q

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”

A

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”

18
Q

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.

A

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.

19
Q

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

A

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

20
Q

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.

A

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.

21
Q

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

A

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

22
Q

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

A

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

23
Q

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

A

Charter of Rights and Freedoms
Legal Rights

Everyone has the right not to be subjected to any cruel and unusualtreatment or punishment

24
Q

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

A

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

25
Charter of Rights and Freedoms Legal Rights A party or witness in any proceedings who does not understand or speak the l______e in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter
Charter of Rights and Freedoms Legal Rights A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter
26
  Charter of Rights and Freedoms Equality Rights Every individual is equal before and under the law and has the right to the equal p_________n and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
  Charter of Rights and Freedoms Equality Rights Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
27
  Charter of Rights and Freedoms Equality Rights Does not preclude any law, program or activity that has as its object the a___________n of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability
  Charter of Rights and Freedoms Equality Rights Does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability
28
Charter of Rights and Freedoms Language Rights English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the P__________t and government of Canada  
Charter of Rights and Freedoms Language Rights English and French are the official languages of Canada and have the equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada  
29
Charter of Rights and Freedoms Language Rights Everyone has the right to use English or French in any debates and other proceedings of P________t
Charter of Rights and Freedoms Language Rights Everyone has the right to use English or French in any debates and other proceedings of Parliament
30
Charter of Rights and Freedoms Language Rights The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally a___________e
Charter of Rights and Freedoms Language Rights The statutes, records and journals of Parliament shall be printed and published in English and French and both language versions are equally authoritative Charter of Rights and Freedoms Language Rights
31
Charter of Rights and Freedoms Language Rights Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament
Charter of Rights and Freedoms Language Rights Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by Parliament
32
Charter of Rights and Freedoms Language Rights Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution
Charter of Rights and Freedoms Language Rights Any member of the public in Canada has the right to communicate with, and to receive available services from, any head or central office of an institution of the Parliament or government of Canada in English or French, and has the same right with respect to any other office of any such institution
33
Charter of Rights and Freedoms Minority Language Education Rights Citizens of Canada (a) whose f___t language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
Charter of Rights and Freedoms Minority Language Education Rights Citizens of Canada (a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or
34
Charter of Rights and Freedoms Minority Language Education Rights Citizens of Canada (b) who have received their p______y school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province.
Charter of Rights and Freedoms Minority Language Education Rights Citizens of Canada (b) who have received their p______y school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province.