Ch 2 Flashcards
Two categories of law
Substantive (rights and limitations)
Procedural (application and enforcment of substantive law)
Public law vs private law
Public: constitutional law, criminal law. Regulates relationship w government. “R v. Jones”.
Private: personal, social, business relationships. Smith v. Jones
Civil law legal system vs Common law legal system
Civil: Quebec, Louisiana, France. Codified. Doctrine of precedent does not apply.
Common: Rest of Canada, Rest of USA, UK. Judge-made law, developed in courts, based on precedent.
Federal vs. Provincial division of powers in Canada
Divided by Constitution Act (BNA Act) 1867.
Federal: Defence, currency immigration imports/exports, aviation, oceans, Indigenous relations
Provincial: Medicine, education, transportation
Limitations on Charter rights
Reasonable limits clause - interference with rights may be demonstrably justified in a free and democratic society
Notwithstanding clause - legislation can infringe on certain rights “notwithstanding” the Charter but must be reviewed every 5 years
Charter applies only to STATE ACTION.
T or F: the 1960 Bill of Rights took precendence over all other laws in Canada
F: not a constitutional document, did not have much authority.
What is procedural law?
Determines how rights and obligations are enforced.
T or F: Under common law system, people can predict decisions of the court based on prior decisions made by a higher court.
True
T or F: A judge of the Alberta Court of Queen’s Bench is free to ignore a decision from the Manitoba Provincial Court
True
Sections 91 and 92 of the Constitution Act, 1867..
(a) Created parliament
(b) Determine how and when elections are to be conducted
(c) Divide powers between the federal and provincial governments
(d) Determine the powers of the Prime Minister and Cabinet
(e) Regulate Canada’s relations with foreign states
(c) Divide powers between the federal and provincial governments
T or F: The Canadian Bill of Rights (1960) took precedence over all other laws of Canada.
False “viewed as just another statute that could be repealed, amended, or simply overridden by any subsequent statute”
What is the effect of the Canadian Charter of Rights and Freedoms?
It entrenches basic rights of individuals AND it shifts the burden of protecting individual rights from parliament to the courts
T or F: The Canadian Charter of Rights and Freedoms applies to state (government) action only.
True
Section 33, notwithstanding clause of the Canadian Charter of R&F
says that parliament and legislatures can pass legislation that overrides certain sections of the charter
T or F: Provincial human rights laws are subject to the equality provisions in section 15 of the Charter
True
