Chapter 2

Question 1

What is law?

Answer 1

Law is the body of rules made by government that can be enforced by the courts or by other
government agencies

Question 2

Substantive Law

Answer 2

The rights and rules that govern behaviour
and set limits on conduct

Question 3

Procedural Law

Answer 3

determines how substantive laws will be
enforced

Question 4

Public Law

Answer 4

Includes Constitutional Law and
determines how the country is governed
and regulates our relationship with
government

Question 5

Private Law

Answer 5

Governs personal, social and business
relationships

Question 6

Bijuralism

Answer 6

TWO LEGAL TRADITIONS - CIVIL LAW AND COMMON
LAW COEXIST IN CANADA

Question 7

Civil Law Legal System

Answer 7

Quebec’s noncriminal legal system is based on the French Civil Code

Question 8

Common Law Legal System

Answer 8

Remaining Provinces and Territories adopted the common law system from England. - Based on precedents

Question 9

Stare Decisis

Answer 9

A system of justice where judges are required to follow precedent

Question 10

R V KEEGSTRA (ALBERTA)

Answer 10

James Keegstra, an Alberta high school teacher, communicated
antisemitic statements to his students.
Charged under section 319(2) of Canada’s Criminal Code for
willfully promoting hatred against an identifiable group.
The Alberta Court of Appeal set the charges aside, declaring that
section 319 was unconstitutional because it violated Keegstra’s
right to freedom of expression under the Charter of Rights and
Freedoms.

Question 11

R V ANDREWS (ONTARIO)

Answer 11

Andrews was the party leader of the Nationalist Party of Canda
(described as a “white nationalist political organization”).
Andrews was responsible for publishing materials advocating, inter
alia, white supremacy.
Andrews was convicted under section 319(2) of Canada’s Criminal
Code for willfully promoting hatred against an identifiable group.
The Ontario Court of Appeal upheld the constitutionality of the
same changes even though, it had the benefit of the AB decision.

Question 12

British North America Act

Answer 12

1. Created the Dominion of Canada
2. Divided power among the executive, judicial and legislative branches of
   government
3. Determined structures of power of the Provincial and Federal levels of
   government

Question 13

Constitution Act

Answer 13

1. Statutes
2. Case law on Constitutional issues
3. Conventions: unwritten rules dictating how the government is to operate
   and include the rule of law

Question 14

Paramountcy

Answer 14

Powers of the federal and provincial governments can overlap considerably

Question 15

What does the Charter Protect?

Answer 15

1. Fundamental Freedoms
2. Democratic Rights
3. Mobility Rights
4. Legal Rights
5. Equality Rights
6. Language Rights

Question 16

Division of Powers

Answer 16

1. Legislative Branch which creates legislation or statute law
2. Judicial Branch which interprets legislation and makes case
   law
3. Executive Branch which implements the law

Question 17

Limitations on Charter rights

Answer 17

1. Section 1: allows interference with rights and freedoms as may be
   justifiable in a free and democratic society – Example: Hill v Church of
   Scientology
2. Section 33: legislatures can pass acts that infringe on rights
   “notwithstanding” the Charter, but legislation must be reviewed every 5
   years (sunset clause) – Example: Quebec
3. Section 32(1): restricts operation of the Charter to government and
   government-related activities - Example