Ch 1: Canadian Legal System

Question 1

Constitution Act was signed in

Answer 1

1867. aka British North American Act

Question 2

The Proclamation was signed

Answer 2

April 17th, 1982

Question 3

In 1982 it is said that Canada Repatriated

Answer 3

Canada requested that the Parliament of the United Kingdom legislate for Canada one last time

Question 4

Constitution Act has 7 Part that were enacted in 1982. Name three

Answer 4

Part I: Canadian Charter of Rights and Freedoms
Part II: Recognizes/affirms Aboriginal & treaty rights
Part V: Procedures for amending the Constitution

Question 5

BC joined the confederation on

Answer 5

July 20, 1871

Question 6

Constitution Act creates the Federation

Answer 6

Divides the power into

1. Federal Government (s. 91) and
2. Provincial (& municipal) Governments (s. 92)

Question 7

Peace Order and Good Government of Canada

Answer 7

(POGG Power) used to describe the principles upon which that country’s Confederation took place. Subjects by this Act assigned exclusively to the Legislatures of the Provinces.”

Question 8

Federal Powers (Exclusive)- Name 3

Answer 8

• National Defence
• foreign affairs
• employment insurance
• banking
• federal taxes
• the post office
• fisheries
• shipping, railways, telephones and pipelines
• Aboriginal lands and rights
• criminal law

Question 9

Provincial Powers (Exclusive)- Name 3

Answer 9

• direct taxes
• hospitals
• prisons
• education
• marriage
• property and civil rights

Question 10

Property and civil rights

Answer 10

• private laws governing engineering
• Construction / safety / enviro (some)
• Labour (most)

Question 11

THE CONSTITUTION ACT 1867 s.96+ Creates

Answer 11

Courts & the appointment of Judges

Question 12

Court Hierarchy (Legislative)

Answer 12

The Provincial Court of BC -> The Supreme Court of BC -> The BC Court of Appeal -> SUPREME COURT OF CANADA

Question 13

Court Hierarchy (Judicial)

Answer 13

Tax Court Admin Tribunal -> Federal Trial Court -> Federal Court of Appeal -> SUPREME COURT OF CANADA

Question 14

Who can make laws?

Answer 14

Legislative:
Federal, Provincial and Territorial Parliaments, Local Gov.

Judicial:
Judges (Who are appointed by the Supreme Court of CAD)

Question 15

Legislation creates what type of Law?

Answer 15

Statutory Law:
• Acts
• Regulation
• Bylaws

Question 16

Judges make:

Answer 16

Judges Made Law: (“Common Law”)

• Contract law
• Torts / damages
• Evidence law: experts
• Statutory interpretation

Question 17

Stare Decisis

Answer 17

Legal principle of deciding according to precedent

Question 18

Quebec Civil Law

Answer 18

• Based on Napoleonic civil code (Not British Common Law)
• Quebec Civil Code governs
• Contracts • Torts
Also have statutory laws similar to ROC

Question 19

Disputes and Litigation (that apply to engineers)

Answer 19

• Contract disputes are typical / frequent ex: 
 i. Not completed on time
ii. Not completed as contracted for
• Negligence: 
 i. design
ii. construction