Unit 1 Review Questions Flashcards
What function do laws serve in a society?
The function that laws serve in society is that they limit the behavior of its citizens. They not only protect us from harm, but they also provide a system for settling disputes. The five functions of law are:
1) establish rules of conduct
2) provide a system of enforcement
3) protect rights and freedoms
4) protect society
5) resolve disputes
Describe characteristics of a society where law exists.
In a society where law exists, the characterists of that society would be police services, gasoline at gas stations, food in stores, no natural disasters, healthcare, and people feel safe and at peace.
List and explain the three main parts of “rule of law”.
The three main parts to rule of law are:
1) Individuals must accept and recognize that the law is necessary to regulate society.
2) The law applies to everyone equally.
3) No one is society has the authority to exercise unrestricted power to take away rights, except rights removed in accordance with the law.
List the six criteria for a law to be considered “just”.
6 criteria for “just” laws:
1) reasonable, fair, and useful
2) Clearly worded, with explanations of terms that may cause confusion
3) made known to those who are expected to follow the laws
4) based on the values and beliefs of a Soceity
5) enforceable
6) not in conflict with other laws
Describe two major legal issues from the Death Online documentary.
1) The blatant negligence of authorities when Celia Blay came to them with evidence.
2) The fact that these “suicide sites” are found so easily online and are unmonitored when the police are fully aware of the content on some of these sites.
Identify and define the three sources of law.
1) Common Law/Case Law- from previous legal decisions (case law); come from the unwritten laws of England–common to all with a universal application. Lowest source of Canadian law.
2) Statute Law- from elected government representatives. Can override common law/case law.
3) Constitutional Law- originates from the Canadian Constitution. Can override statute and common/case law.
Explain why Canadian laws are similar to British laws.
Canadian laws are similar to British laws because common law (three foundational aspects to our laws) originates from Britain. We were once a British colony which is why they have such a large influence.
Discuss the importance of procedural law.
Procedural law is important because it is the category of law that defines the methods of enforcing rights and obligations of citizens and the state. It is designed to ensure fairness of process in the legal system by defining the steps in a legal action. Fairness of process is made clear through the Constitution and the Charter of Rights and Freedoms.
Describe aspects of Due Process.
Aspects of Due Process are:
- right to habeus corpus
- right to full disclosure of evidence
- right not to incriminate self
- right to presumption of innocence
- right to a speedy trial
- right to privleged communication with counsel
What documents divides the responsibility of Federal and Provincial responsibilities and what specific sections cite this?
The document that divides the responsibilities of the federal dn provincial gov’ts is the Constitution in sections 91 (federal), 92 (provincial), and 93 (joint).
Explain Constitutional law’s authority over other levels of law.
Constitutional Law’s authority over other levels of laws is that it is at the top of the pyramid. It overrides all other laws, and other laws are interpreted by courts to make sure that they are in line with the Constitution.
Outline the two divisions of substantive law and explain their difference.
Two two divisions of substantive law are private law and public law.
Public law: designed to safeguards public interest, for serious offences, jail time.
Private law: private relationships and individual concerns, less serious offences, results in money.
Describe the subcategories of Private and public law and indicate which CBC news articles applies to each.
The subcategories of public and private law:
Public: Aboriginal, Administrative, Constitutional, Criminal, Environmental, Tax.
Private: Contract, Family, Labour, Tort, Wills/Estates, Property, Commercial.
What penalties apply for violations of either divisions of substantive law?
The penalties that apply to private law would be money.
The penalties that apply to public law would be jail time.
Explain the events leading to Quebec being given their own French rights and status.
The events that led to Quebec being given their own French rights and status were that after the French lost territory to th eBritish in the Royal Proclamation Act of 1763 they were forced to live in close quarters with each other. when the Separatists began their revolt against Britain, they needed help from the French and Britain recognized the danger of revolt and offered the French benefits if they choose not o join the Separatists. The Quebec Act of 1774 offered the French the following privledges that stand today:
1) Created Quebec for the French to reside in.
2) Allowed them to have their own religion (Catholicism)
3) Allowed them to have their own land method (strip farming)
4) Allowed them their own law system (French roots-codified-civil law)
Describe the three sources of cultural influence at Canada’s beginning.
1) French- codified laws (written laws)
2) English- common law (three foundational aspects to our laws) has now been written as case law (judges decision)
3) Aboriginals- oral traditions (not written laws) made by elected leaders, governed by consensus (majority vote) with the concept of equality
Explain how precedent is created and used.
Precedent is created and used when a judge interprets and applies a statute. That decision then sets a precedent. Similar cases must then be interpreted in the same way by all lower courts. Lawyers look for favourable precedents to argue the outcome of their cases.
Describe the early stages of Canada’s beginning, including the influence of the Americans.
The Aboriginals resided in North America first. The French came and the British followed. The sEven Years War happened, France lost territory with the Royal Proclamation Act of 1763 and the British assumed a large portion of the decision making in North America. The Separatists tired of Britain’s control and formed the USA. Many who resided in the former Thirteen Colonies (Loyalists) came to Ontario (soon to be) and the Maritimes. They had a large impact on Canada becoming the country that it is with their English roots and American ideas (ideas of responsible and representative government, etc.).
Describe the relationship between the Federal government and Aboriginals of Canada and explain how this was established.
The relationship between the federal gov’t of Canada and the Aboriginals is that anything related to Aboriginal identity is the responsibility of the federal gov’t as set out in the Indian Act of 1867. The federal gov’t is obliged to act as a parent to protect Aboriginal concerns and it is the gov’ts responsibility to consider all issues in a manner that best looks after the interests of the Aboriginals, not Canada or the gov’t. This was established through the signing of treaties and the Indian Act of 1867.
There are two Constitution Act documents–describe three significant differences between the two.
1) The Constitution of 1982 included Section 24, the Charter of Rights and Freedoms.
2) The Constitution of 1867 was created and kept in Britain. It was a British document, not a Canadian document as the Constitution of 1982 is.
3) The Constitution of 1982 no longer had the Queen as a decision maker (Canada was truly independant) and could amend the Constitution without the Queen’s permission.
John Diefenbaker and Pierre Trudeau both tried to create more equalit and “just” ness in Canada–why was one more successful than the other?
Pierre Trudeau’s goal to create a jsut society was more successful than John Diefenbaker’s because Diefenbaker’s Canadian Bill of Human Rights was added as Statute Law meaning that is was created in Parliament so it could easily be removed by the next majority vote. The Charter that Pierre Trudeau created was entrenched, so it could not be removed by even the majority vote of parliamentary leaders.
Quebec Separatism and Aboriginal issues are constant conflicts that continue in Canada–explain how the British are responsible for this.
The British are responsible for issues pertaining to Quebec Separatism and Aoriginals because the Quebecois wanted to be separate because they felt that their voices were not being heard in the Britishmajority–goes back to the Seven Years War. When the Aboriginals signed the treaties and the Indian Act, the problems that they had already been suffering from (loss of land and authority) were only amplified. Their rights and voices were not included in the Constitution of 1867. The British ethnocentric attitude contributed to both issues.
What steps occured bewtween the creation of Canada as a Dominion to Canada as an independent, sovereign country?
1) The British North American Act (1867)/The Constitution Act (1867)
- This act created the Domionof Canad a(4 provinces) and set out the powers of the federal and provincial gov’ts. This was a British documents, kept in Britian, and they had control over any changes to it. Britain still controlled Canada’s foreign affairs.
2) The Statute of Westminster
- This document gave Canada the freedom to make their own foreign affairs decisions. This granted Canada their independence as their own nation, no longer a British colony. Some decision making was still controlled by Britain.
3) The Constitution Act (1982)
- Britain allowed Canada its own Constitution created and kept in Canada. This made Canada a truly independent country–process of transfer called Patriation. It included S. 24, the Charter of Rights and Freedoms.
4) Third Level of Gov’t Added
- The provinces created a third level of gov’t–municipalities–which control activities of local communities by passing bylaws (curfews, building permits, etc.).
What are some of the responsibilities of both Federal and Provincial governments?
Federal Responsibilities: -create peace, order, good government -criminal law -unemployment insurance -banking, currency, coinage -federal penitentiaries -marriage and divorce -postal services -aboriginal peoples/their land Provincial Responsibilities: -propert and civil rights -marriage ceremonies -police forces and provincial courts -highway and roads -provincial jails -hospitals
