Canadian Legal, Government and Court Systems

Question 1

What court case did the SCC note that legality and legitimacy are linked in our constitutional tradition?

Answer 1

Reference re Secession of Quebec

Question 2

The rule of law means that the law is

Answer 2

supreme over the acts of both government and private persons

Question 3

Where is the Canadian Charter found?

Answer 3

In the Constitution Act, 1982

Question 4

The Charter is a catalogue of fundamental rights and freedoms, guaranteed subject only to

Answer 4

such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society

Question 5

The Charter applies to

Answer 5

• Parliament and the government of Canada
  -the legislatures and governments of each province
• all matters with the authority of either of the above

Question 6

Section 33 of the Charter is

Answer 6

the notwithstanding clause

Question 7

A Cabinet may only govern if it enjoys

Answer 7

the confidence of the elected members of the legislative assembly

Question 8

What does Cabinet confidence mean?

Answer 8

That the majority of the members of the assembly agree that the Cabinet should continue to advise the King, and therefore form the government

Question 9

What is an example of a vote that is always a matter of confidence?

Answer 9

The budget vote

Question 10

What happens when Cabinet introduces a confidence vote and the majority of members reject it?

Answer 10

Cabinet has lost confidence and must resign

Question 11

What happens when Cabinet resigns?

Answer 11

Generally the PM asks the GovG to call an election.

This is usually granted, however GovG has discretion to decline this

Question 12

What is primary legislation?

Answer 12

Legislation that obtains authority from the chief law-making bodies under the Constitution. Primary legislation may authorize other bodies to make laws.

Question 13

What is an example of secondary, or delegated legislation?

Answer 13

Municipal bylaws relating to garbage disposal

Question 14

If delegated legislation is inconsistent with the authorization provided by primary legislation,

Answer 14

the court will set aside the delegated laws as ultra vires

Question 15

Define public law

Answer 15

the law concerning interactions between individuals and the state, or bw different state actors

Question 16

Public law encompasses:

Answer 16

• criminal
• constitutional
• immigration
• aboriginal
• administrative
• regulatory matters

Question 17

Define private law

Answer 17

disputes between non state actors that are typically concerned with the payment of money from one party to another

Question 18

Private law includes

Answer 18

• contracts
• torts
• property
• spousal and child support
• wills and estates

Question 19

Criminal/ quasi criminal law is

Answer 19

Characterized by the seriousness of the consequence and by a strong emphasis on the prodecural rights of the accused

Question 20

Civil law disputes relate to

Answer 20

property, contracts, torts, licensing, non-contractual obligations.

Question 21

What is civil law in the context of Quebec?

Answer 21

Quebec’s laws are based on the French civil code, which sets out in a comprehensive code the law which frames broad, general principles to be applied in specific cases. Does not rely on precendent like the common law system

Question 22

Provincial courts are made up of two kinds of judicial officer:

Answer 22

• provincial courts judges
• justices of the peace

Question 23

Provincial court judges are

Answer 23

appointed from among the lawyers of the province by the provincial government. In ON, must be called to the bar for at least 10 years to be eligible.

Question 24

Justices of the peace aer

Answer 24

not required to have legal training prior to appointment, although many do

Question 25

Provincial court judges and JOPs have

Answer 25

• judicial independence
• security of tenure
• may only be removed prior to reaching the age of mandatory retirement when incapacitated or disabled from the execution of their office.

Question 26

Provincial courts do not hear

Answer 26

jury trials or trials of the most serious indictable offences

Question 27

Members of administrative tribunals do not

Answer 27

enjoy judicial independence, are appointed for a fixed term that may or may not be renewed

Question 28

all provincial tribunals are subject to

Answer 28

supervision and judicial review by provincial superior courts.

Question 29

The provincial superior courts and court of appeal are a

Answer 29

hybrid federal-provincial body: the province has responsibility for the establishment and administration of its superior and appellate courts, but the feds appoint the judges and pay their salaries.

Question 30

Judges of the provincial superior courts may be removed from office

Answer 30

only by Parliament

Question 31

Provincial superior courts are courts of inherent jurisdiction, meaning

Answer 31

they have jurisdiction to hear and decide every kind of legal dispute unless a statute specifically provides otherwise

Question 32

The SCC held that the provincial superior courts have a

Answer 32

“core” of jurisdiction guaranteed by the Constitution that cannot be removed, even by statute.

Question 33

The Divisional Court is

Answer 33

a branch of the superior court

Question 34

The Divisional Court hears

Answer 34

• appeals from certain decisions of the superior court and from certain administrative tribunals
• applications for judicial review of actions or decisions of the provincial tribunals and courts

Question 35

The Small Claims Court is a

Answer 35

branch of the superior Court

Question 36

The Small Claims Court is unique in that

Answer 36

the judicial officers who preside are frequently “deputy judges”

Question 37

What are deputy judges?

Answer 37

Lawyers appointed by the Superior Court itself with the approval of the provincial AG.

Question 38

Small Claims Court is

Answer 38

a civil trial court that handles cases where the amount of money or value of goods involved is $35,000 or less

Question 39

The province’s highest court is

Answer 39

The Ontario Court of Appeal

Question 40

Seeking leave to appeal is

Answer 40

the process for asking permission of the Court of Appeal to begin an appeal

Question 41

Federal Courts are

Answer 41

established by Parliament to hear civil (non-criminal) cases that
- arise under federal statutes or
- that involve the federal government or its agencies

Question 42

Federal Court functions as

Answer 42

a civil superior court that hears trials involving federal areas of law like intellectual property law, competition law, and litigation involving federal Crown corps or gov depts

Question 43

the IRB appeals to

Answer 43

The Federal Court

Question 44

An example of a federal tribunal is

Answer 44

IRB, Competition Tribunal, Canadian Industrial Relations Board

Question 45

The SCC is made up of

Answer 45

9 appointed judges, three of which must be appointed among judges/lawyers from Quebec

Question 46

The SCC will only grant leave to appeal in cases of

Answer 46

public importance

Question 47

Certain cases allow an automatic right to appeal to the SCC, such as

Answer 47

when a person is convicted at the provincial court of appeal after being acquitted at initial trial

Question 48

A reference case is

Answer 48

The process of the feds asking the SCC to provide an advisory opinion on questiosn of law

Question 49

in a reference case, the SCC hears

Answer 49

submissions from the feds and any other interested party who is permitted to participate

Question 50

Are references binding

Answer 50

Not strictly, but in practice such decisions are treated as authoritatively as any other SCC decision