Chapt 2 Flashcards
Who can legislate in the criminal code area?
ONLY the federal government
What’s the responsibilities of the Provincial government ?
Wages, contract, properties, civil rights,etc.
Explain the process of how a federal law is made.
- made by the parliament
1. House of Commons
2. Senate
3. Queen - during the process it’s called a bill and when it passes it’s a law
(3 readings are done during the process 1 and another 3 in process 2)
Explain the process of a provincial law.
- National Assembly
- Queen
Name and explain the 6 sources of law.
- Constitution
- Statutes : written law adopted by the government
*Jurisprudence : judgement in previous case would be follow whenever it’s possible. Court of QC can’t make new law & not oblige to follow previous one a la lettre. - Doctrine: refer to article written by legal expert
- Customs & usage: stmg has been done for a long time may now be consider has hardened into a law.
- Administrative regulation : special committee that can pass regulation on how the law is to be respected
What claim in court of quebec and who is the judge?
Judge appointed by provincial gov and claims are between 15-85k
*if it’s above 60k$ you can appeal, if not a judge will decide if you can or not.
Small claim court ?
Self-represented
Less than 15k
Individual or cie. Of less than 5 ppl
Quebec superior court ?
Claims above 85k
Explain the QC court of appeal.
Heard by 3 judges and decision by majority not unanimously.
Supreme Court of Canada
- 9 judges, decision is majority
- appellant vs respondent
What’s an affidavit ?
A document signed mentioning that the information it contains is true.
Talk about commissioner of Oaths
- just as a witness that the persons who signs the document has solemnly declared that the info is true.
He signs in the jurat
