Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

ENV-3035 - Environmental Law > Chapter 2 - Canadian Legal Framework > Flashcards

Chapter 2 - Canadian Legal Framework Flashcards

1
Q

What is the Straight of Georgia and Halifax harbour an example of?

A

Water protection and overlapping jurisdictions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Define Statutes:

A

Codified laws passed by legislatures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Define Regulations:

A

Legally enforceable rules created by the governor in council (federal) or lieutenant governor in council (provincial) providing practical details of how a statute is to be implemented

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What two ways do courts make Laws?

A
  1. Through decisions that interpret statutes and determine their constitutionality.
  2. Through decisions that establish or adjust the principles of common law.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Who are the primary law making bodies in Canada?

A

Legislatures and the courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the tertiary law-making body in Canada?

A

Administrative tribunals, boards, and officials

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is legitimacy often tied with?

A

Reasonableness

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Describe what is considered as a “reasonable person”:

A

A hypothetical person recognized as having a level of maturity and responsibility common to most people in the community and used as an objective standard for determining liability.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Under what two principles of good law are reasonableness and legitimacy tied for fairness?

A
  1. The law must apply equally to all citizens
  2. Disputes between citizens and the gov. must be decided by properly authorized judicial bodies.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

True or False: There are two legal systems at work in Canada.

A

True, the Civil Law (Quebec, 1774) and the English Common Law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Canada’s ___________ occupies the highest level in our hierarchy of laws, it is the “supreme law” with which all other laws must conform.

A

Constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Define the Constitution:

A

A document that establishes the basic framework under which all other las are created and the basic principles to which all laws must conform.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the three key powers that the constitution grants Provinces?

A
  1. Specific ares of power
  2. Natural resources
  3. Proprietary interest
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are the four key powers that the constitution grants the Federal Government?

A
  1. Specific areas
  2. General power
  3. Interprovincial/International
  4. Treaty-making Power
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

To determine whether a law is within federal or provincial jurisdiction, a court first makes a ___________.

A

Preliminary Assessment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is Paramountcy?

A

Overriding, chief in importance, supreme; in Canada, the doctrine of paramountcy holds that where there is a conflict, federal laws prevail over provincial laws.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a By-law?

A

Legally enforceable rules created by municipalities according to the powers given to them by municipal statutes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is Indigenous Law?

A

The laws and law-making powers that Indigenous peoples have regardless of the Canadian legal system.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Aboriginal Law?

A

The term used to refer to the body of Canadian statute and common law that concerns issues related to Aboriginal peoples in Canada.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Explain the Hierarchy of Environmental Legislation ranking:

A
  1. Constitution of Canada; then
  2. Environmental Statues; then
  3. Subordinate legislation; then
  4. Cabinet ministers, municipal governments, and some environmental boards.
21
Q

Who is the Governor in Council?

A

A federal member of Cabinet vested with power to create regulations and rules pursuant to a statute.

22
Q

Who is the Lieutenant Governor in Council?

A

A provincial member of cabinet vested with power to create regulations and rules pursuant to a statute.

23
Q

Is the Governor in council federal or provincial?

A

Federal

24
Q

Is the Lieutenant Governor in Council federal or provincial?

A

Provincial

25
Q

What is a Bill?

A

A draft statute, subject to change and not yet passed into law.

26
Q

What does the creation of a Statute begin with?

A

A governments development of a policy

27
Q

What is the CEAA?

A

Canadian Environmental Assessment Act

28
Q

What is the CEPA?

A

Canadian Environmental Protection Act

29
Q

What is a Bill?

A

A draft statute, subject to change and not yet passed into law.

30
Q

What is the eight step legislative process?

A
  1. First Reading
  2. Second Reading
  3. Committee Stage
  4. Report Stage
  5. Third Reading
  6. Senate
  7. Royal Assent
  8. Coming into force
31
Q

What six parts are included in a Regulatory Impact Statement?

A
  1. Description
  2. Alternatives
  3. Benefits & Costs
  4. Consultation
  5. Compliance & Enforcement
  6. Contact
32
Q

What are the four fundamental requirements in federal & provincial regulations?

A
  1. Legal Examination
  2. Order-in Council Approval
  3. Publication
  4. Registration
33
Q

What are Discretionary Decisions?

A

Decisions whereby the decision-maker has considerable latitude concerning the basis for a particular decision and the factors that can be taken into account in reaching the decision.

34
Q

What is Liability?

A

Legal obligations and responsibilities.

35
Q

Environmental liability arises from obligations imposed by either:

A
  • The general law, or
  • Specific environmental legislation
36
Q

Define a Tribunal:

A

A specialized quasi-judicial board, commission, panel, or other decision-making body that makes decisions pursuant to particular statutes.

37
Q

What are the three key functions of the Courts?

A
  1. Apply the law
  2. Provide a check on the use of government power
  3. Adjudicate on matters of rights and liabilities.
38
Q

How are the purposes of Courts and Tribunals different?

A

Courts: Adjudicating rights among the parties.
Tribunal: Overseeing a legislative framework.

39
Q

What are the seven key principles of Administrative Law?

A
  1. Right to Notice
  2. Right to Counsel
  3. Right to give evidence and cross-examine
  4. Natural Justice
  5. Procedural Fairness
  6. Jurisdiction
  7. Discretion
40
Q

What is a ADR?

A

Alternative Dispute Resolution

41
Q

Define an ADR:

A

A process other than the court system through which a conflict is settled.

42
Q

What are the four types of ADR processes?

A
  1. Negotiation
  2. Facilitation
  3. Mediation
  4. Arbitration
43
Q

True or False: Like any law, environmental law gains legitimacy through its creation by authoritative bodies.

A

True

44
Q

Quebec has a system of _____ law, and the rest of Canada has a system of ________ law inherited from Britain.

A

civil, common

45
Q

True or False: Canada’s Constitution occupies the highest level in our hierarchy of laws . It is the “supreme law”

A

True

46
Q

If a conflict exists in the operation of federal and provincial environmental laws dealing in different ways with the same matter, under the _____________, the federal statute prevails .

A

doctrine of paramountcy

47
Q

Explain the process of laws being made:

A

Laws are made by bills being introduced to the legislature, then reviewed through three “readings .” Once approved, a bill becomes an act . At the federal level, laws must also be approved by the Senate .

48
Q

______________ are a type of subordinate legislation that are authorized by an enabling statute .

A

Regulations

49
Q

Explain Liability:

A

Liability is a legal obligation, responsibility, or duty, and may be imposed by statute or the courts . Legal obligations and responsibilities are enforced through the decisions and orders of courts and regulatory tribunals .

ENV-3035 - Environmental Law (13 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions