test #3 (definitions) Part 1

Question 1

what is law?

Answer 1

law is a system of rule-making whereby human activity is categorized and governed

Question 2

what is jurisdiction?

Answer 2

a scope or extent of authority to make legal decisions, or a system of law courts or a system of law-making

Question 3

what is stare decisis?

Answer 3

is the legal principle that courts should follow previous decisions (precedents) when making rulings in similar cases

Question 4

what is holding/judgment?

Answer 4

courts answer to a question of law, and the courts order based on their findings

Question 5

what is fiduciary duty?

Answer 5

requires the trustee to defend the interests of the beneficiary

Question 6

what is procedural fairness?

Answer 6

the right to; an unbiased decision maker, information, be heard, timeliness, reasons for decisions

Question 7

what is parens patriae?

Answer 7

authorizes courts to intervene in the interest of dependents even if there is no statue or policy instructing them to do so

Question 8

what is Baker v. Canada?

Answer 8

a Jamaican women who lived in Canada illegally for over 10 years with her children

Question 9

what is guardian ad litem?

Answer 9

appointed by the court to advocate for the best interest of the child or the dependent before the court

Question 10

what is sovereignty?

Answer 10

is the ancient power to command obedience on the threat of death

Question 11

what is ideology?

Answer 11

is a system of ideas, beliefs and values that shapes how individuals or groups understand and interpret the world

Question 12

what is governmentally?

Answer 12

the art of managing life by framing the choice of free subjects

Question 13

what is power/knowledge?

Answer 13

refers to the production of truth, law as a tool of social control and constructed knowledge

Question 14

what is eugenics?

Answer 14

is the discredited belief and practice of improving the genetic quality of a human population by controlling who can reproduce

Question 15

what is donald e. zarfas discovery?

Answer 15

he played a role in exposing unethical eugenic practices in Canada

Question 16

what is buck v bell (1927)?

Answer 16

the us scc upheld a law allowing the forced sterilization of people deemed “unfit to reproduce”

Question 17

what is in re. grady (1981)?

Answer 17

courts approved the non-consensual sterilization of a developmentally disabled woman at her parents request, ruling that it be in her best interest

Question 18

what is muir v. alberta (1996)?

Answer 18

muir successfully sued the Alberta government for wrongful confinement and sterilization without her consent

Question 19

what is material error?

Answer 19

to forget, ignore, or misread evidence- the basis for reversing a trail decision or ordering a new trail

Question 20

what is the theory of racial socialization?

Answer 20

refers to the process by which parents and communities teach children about race, racial identity, and how to navigate racism and discrimination in society

Question 21

what is custody?

Answer 21

legal right and responsibility to care for and make decisions about a child’s upbringing- where they live and how they are raised

Question 22

what is access?

Answer 22

the legal right of a parent or guardian to spend time with and communicate with a child

Question 23

what is the best interest of the child principle?

Answer 23

is a legal standard that prioritized the child’s well-being, safety and overall development in all decisions affecting them

Question 24

what is s.16- maximum access?

Answer 24

Canadian divorce act encourages that after a separation or divorce, a child should have as much ongoing contact with each parents as long as it is in their best interest

Question 25

what is the UNCRC s.12?

Answer 25

gives children the right to be heard in decisions that affect them, with their opinions considered based on their age and maturity

Question 26

what is young v young (1992)?

Answer 26

the mother sought to limit the father's access because she claimed his differing religious views were harmful to the children

Question 27

what is gordon v goertz (1996)?

Answer 27

a custodial parent sought to move with her child to another country, the court had to decide in the move was in the child's best interest

Question 28

what is mader v. mccormick (2018)?

Answer 28

father who asked the court to appoint private legal counsel for his children during a custody dispute, but the court refused

Question 29

what is the definition of the hague convention?

Answer 29

an international treaty that aims to return children who have been wrongfully removed or retained across borders to their country of habitual residence

Question 30

what is the definition to the two approaches to habitual residence?

Answer 30

courts use either the child-centered approach or the parental intention approach to determine habitual residence

Question 31

what is the exceptions to return?

Answer 31

legal defenses under the hague convention that allow a court to refuse returning a child, including consent, grave risk, and the child's objection

Question 32

what are the six exception to return?

Answer 32

4 (16 yrs) 12 (wrongful removal 1 yr) 13a (parent seeking return, evil) 13b (grave risk) 13b *2 (child objects return) 20 (state finds return harmful)

Question 33

what is grave risk of harm?

Answer 33

a key exception under the hague convention that prevents return if it exposes the child to physical or psychological harm or an intolerable situation

Question 34

what is the paras formula?

Answer 34

is a legal framework developed in Canadian case law to help determine a child's habitual residence by evaluating parental intentions and the circumstances surrounding the child's move

Question 35

what is thomson v thomson (1994)?

Answer 35

a scc case where the court applied the hague convention and introduced the paras formula to determine habitual residence.

Question 36

what is the office of the children's lawyer v. balev (2018)?

Answer 36

the scc adopted a hybrid approach to determining habitual residence combining both the child's perspective and the intentions of the parents

Question 37

what is willick v willick (1994)?

Answer 37

father was spaying support to the mother, child lives with father now but the mother still wanted support payments, support payments can be changed if their is a major change in the circumstances like a child switching households

Question 38

what is s. (db) v g.(sr) (2010)?

Answer 38

mother had custody and wanted to move to alberta, father who had regular visits didn't want the child to move far away, the court sought the child moving in their best interest

Question 39

what is the definition of loco parentis?

Answer 39

a latin term meaning in the place of a parent, referring to someone who assumes parental responsibilities for a child without being their biological or legal parent

Question 40

what is section 43, criminal code (1985)?

Answer 40

a section of the canadian crime code that permits parents, teachers, and caregivers to use "reasonable force" to discipline a child

Question 41

what is provincial educational policy on corporal punishment (pre-2004)?

Answer 41

before 2004, provinces had varied policies regarding corporal punishment in schools, with some still permitting physical discipline by teachers

Question 42

what is r v. ogg-moss (1984)?

Answer 42

a supreme court case involving a caregiver charged with assault after using physical punishment on a disabled adult in her care

Question 43

what is r v. peterson (1995)?

Answer 43

this case involved a father who struck his 12-year old in public with a belt

Question 44

what is public interest standing?

Answer 44

the legal ability for a person or group to bring a case to a court on behalf of the public, even if they are not directly affected

Question 45

what is section 1- reasonable limits?

Answer 45

section 1 allows governments to place reasonable limits on charter rights, as long as those limits can be justified in a free and democratic society

Question 46

what is section 7- security of the person?

Answer 46

section 7 guarantees the right to life, liberty, and security of the person and protection from being deprived of them and except in accordance with fundamental justice

Question 47

what is section 15-equality under the law?

Answer 47

section 15 ensures every individual is equal before and under the law, and has the right to equal protection and benefit of the law without discrimination

Question 48

what is section 32- application of the charter?

Answer 48

defines the scope of the charter, stating that the charter only applies to actions taken by federal, provincial and territorial government's and their institutions

Question 49

what is the universal declaration of human rights- article 16(3)?

Answer 49

this article states that the family is the natural and fundamental group unit of society and is entitled to protection by the state

Question 50

what is "the family is the fundamental unit of society"?

Answer 50

a foundational human rights principle recognizing the family as the primary social group in society

Question 51

what is the principle of fundamental justice?

Answer 51

a legal standard requiring that any limit on life, liberty, or security must follow fair legal procedures and principles

Question 52

what is unreasonable corporal punishment after canadian foundation decision?

Answer 52

following the canadian foundation v canada (2004), certain types of physical punishments- like using objects, hitting the head, or force on very young children- are now considered legally unreasonable

Question 53

what is reading down a statute?

Answer 53

a legal interpretation that limits the scope of a law to make it constitutional without striking it down entirely

Question 54

what is the oakes test?

Answer 54

a legal test used to determine whether a limit on a charter right can be justified under section 1

Question 55

what is the definition of the contextual approach to equality (section 15)?

Answer 55

means assessing discrimination by considering a person's real-life social, economic, and historical circumstances rather than simply comparing their treatment to others

Question 56

what is the jack hulland elementary school controversy?

Answer 56

was at the center of public outrage due to the systemic use of isolation and physical restraint on students- many of whom had disabilities or behavioural needs

Question 57

what is b.(r) v. children's aids society (1995)?

Answer 57

parents refused a life-saving blood transfusion for their infant child, based on their religious beliefs

Question 58

what is the law v. canada (1999)?

Answer 58

nancy law's husband passed away when she was under 35 years old and she applied for survivor benefits under the canada pension plan, but rules only apply to people 35 or older, disabled or with children, she argued this was discrimination based on age

Question 59

what is r v oakes?

Answer 59

is a foundational supreme court case that created the oakes test a legal framework used to determine whether a law that violates charter rights can still be justified under section 1