week 4

Question 1

who is Tommy Douglas

Answer 1

the first democratic socialist government in North America and it introduced the continent’s first single-payer, universal health care program

Question 2

True or False: Common law is the basis of the Canadian legal system including Quebec.

Answer 2

False: excluding quebec

Question 3

True or False: Common law is adopted through legislative process and regulation

Answer 3

true

Question 4

true or false: Canada is a confederation of former British colonies and territories

Answer 4

True

Question 5

True or False: Common Law describes a system based on rules, principles, and doctrine developed by English judges over time that was meant to be applicable to all people in England.

Answer 5

True

Question 6

each province and territory is considered a separate jurisdiction

Answer 6

Canadian Provincial Law

Question 7

narrower subject matter than superior courts in provincial jurisdiction

Answer 7

Canadian Federal Law

Question 8

a collection or body of judges’ decisions rendered over centuries of judicial consideration and refinement

Answer 8

Case law

Question 9

formal rules passed by legislation

Answer 9

Statute law

Question 10

found in textbooks and journals written by legal scholars and experts. These carry more weight in civil law systems than common law systems

Answer 10

Doctrine

Question 11

what are the three branches of Government

Answer 11

1. The Courts
2. The Queen
3. The Parliament

Question 12

• The power to pass legislation (make law) rests with Parliament at the federal level and the legislative assembly at the provincial or territorial level.
• These statutes or acts can confirm, alter, limit, or rescind common law.
• If sufficient political will exists, legislation can pass more swiftly than the courts can change law.

Answer 12

The Legislative Process

Question 13

True or False: The concept of a “higher law” or “natural law” suggests that:

• Humans have the capacity for reason
• Humans can judge what is “good” and “just” behaviour
• Humans must be treated fairly and consistently

Answer 13

true

Question 14

The concept of natural justice is evident in legal and disciplinary hearings in terms of….

Answer 14

• The rights of the accused

* Due process

Question 15

has a number of meanings, including the legal system found in Quebec. It incorporates a body of rules and principles governing relations among individuals, corporations, and institutions.

Answer 15

civil law

Question 16

True or False: Civil law deals with private disputes between two sets of individuals.

Answer 16

true

Question 17

is concerned with relations between the individual and the state

Answer 17

Criminal Law

Question 18

is a civil wrong committed by one person against another, such as causing that other some injury or damage (either to person or property)

Answer 18

Tort Law

Question 19

occurs after failed attempts at mediation, arbitration, or other complaint mechanisms

Answer 19

lawsuit

Question 20

What is the process o a lawsuit

Answer 20

1. Statement of claim
2. Statement of defence
3. Disclosure of evidence
   i. Documentary discovery
   ii. Examination for discovery
4. Pretrial conference
5. Trial
6. Enforcing judgement

Question 21

T or F It is a fundamental requirement of any democracy that its government and institutions be subject to a higher law.

Answer 21

T

Question 22

is a set of supreme laws that define and regulate the various branches of government, their powers, and restrictions on those powers

Answer 22

constitution

Question 23

T or F: Canada’s Constitution does not include a charter of rights and freedoms

Answer 23

F

Question 24

• It sets forth the basic legal and democratic rights of Canadians.
• These rights cannot be infringed upon by the government unless it has a justifiable reason.
• Any law that breaches the Constitution or a person’s rights is illegal and invalid

Answer 24

The Charter of Rights and Freedoms

Question 25

``` protects the fundamental rights of everyone to the following:  Freedom of religion and conscience  Freedom of thought and expression  Freedom of the press  Freedom of peaceful assembly  Freedom of association ```

Answer 25

Charter of Rights and Freedoms

Question 26

• These rights are meant to ensure that governments remain responsible to the electors, and include: - The right to vote - The provision that no Parliament or provincial legislature may continue for more than five years from the date of the last election - The requirement that Parliament or a legislature must sit at least once every 12 months

Answer 26

Canadian Democratic Rights

Question 27

* Canadian citizens have the right to enter, remain in, and leave Canada. * Canadian citizens have the right to move and to take up residence in any province to pursue a livelihood.

Answer 27

Canadian Mobility Rights

Question 28

• Legal rights are guaranteed to all persons in Canada, regardless of citizenship, and include:  The right to life, liberty, and security of the person  The right to be secure against unreasonable search and seizure  The right not to be arbitrarily detained or imprisoned  The right to be informed of the reasons for an arrest

Answer 28

Canadian Legal Rights

Question 29

``` • All persons in Canada are equal before the law, regardless of  race  sex  national or ethnic origin  colour  religion  age  mental or physical disability  sexual orientation ```

Answer 29

Canadian Equality Rights

Question 30

The Charter states that French and English are the official languages of Canada, and contains minority language education rights.

Answer 30

Canadian Language Rights

Question 31

* It is possible for Parliament or another legislature to override the Charter by invoking the notwithstanding clause. * The clause provides that a law contravening the Charter may apply for up to five years. * The clause includes a five-year limit to ensure that rights are not permanently violated. * The clause expires after five years, unless invoked again.

Answer 31

Notwithstanding Clause

Question 32

An Introduction to the Nursing Act, 1991 Regulated Health Professions Act, 1991 CNO Title Protection, Categories of Registration and Classes, Entry-to-Practice Requirements

Answer 32

Regulation of the Nursing Profession (CNO)