Chapter 2

Question 1

Magna Carta (1215)

Answer 1

Monarch is not above law - first document to say that

Question 2

Rule of Law

Answer 2

1. The government enacts law in an open and transparent manner
2. The law is clear and known, and it is applied equally to everyone
3. The law will govern the actions of both government and private persons, and their relationship to each other
4. The courts will apply the law independently of political or outside influence

Question 3

Domestic law vs International law

Answer 3

Federal, provincial, municipal - domestic
UN, Treaties - international

Question 4

Substantive vs Procedural

Answer 4

Substantive - truthfulness of allegation, the accuracy of the verdict, and appropriateness of the sentence
Procedural - rights of individuals upheld through fair procedures

Question 5

Statues

Answer 5

Statutory law is generally accorded dominance as a source of the legal form because of the long-standing tradition of British parliamentary supremacy
Parliament is supreme because it represents the will of the people

Question 6

How statues/legislations are made

Answer 6

1. First reading in HoC or the legislative assembly
2. Second reading without debate
3. Often bill stops here due to the cabinet and caucus priorities
4. If there’s a second reading, the minister responsible for the bill sets out the purpose of the legislation
5. Debate
6. Bill is sent to a committee of the house or Assembly composed of both government and opposition members

Question 7

Charter of Rights and Freedoms: Investigation of crime (4)

Answer 7

Everyone has the right:
Against unreasonable search & seizure
Against arbitrary detention
To be informed about the reason for arrest/detention
To legal counsel without delay

Question 8

Charter of Rights and Freedoms; Criminal trial process

Answer 8

Everyone has the right:
If charged, to be informed without unreasonable delay of the offense
To trial within a reasonable time
To be presumed innocent until proven guilty
Not to be compelled to testify at own proceedings
Not to be denied reasonable bail
To life liberty & security not to be deprived of the principles of fundamental justice
Against cruel and unusual punishment
Not to have evidence given in one trial used against their own/another trial
Every individual is equal before and under the law

Question 9

Case Law

Answer 9

• Law established by the decisions in specific court cases
• Subsequent courts will turn to these decisions, known as judicial precedents when attempting to make judgments about similar issues

Question 10

Two problems with judicial precedents as sources of law

Answer 10

• First is the danger that, in trying to mesh current situations with preexisting case law, the courts and counsel may make illogical distinctions
• The second problem has to do with the ability of a court, particularly the supreme court of Canada, to reverse itself