Chapter 2 - Canadian Legal Framework Flashcards
What is the Straight of Georgia and Halifax harbour an example of?
Water protection and overlapping jurisdictions
Define Statutes:
Codified laws passed by legislatures
Define Regulations:
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
What two ways do courts make Laws?
- Through decisions that interpret statutes to determine their constitutionality.
- Through decisions that establish the principles of common law.
Who are the primary law making bodies in Canada?
Legislatures and the courts
What is the tertiary law-making body in Canada?
Administrative tribunals, boards, and officials
What is legitimacy often tied with?
Reasonableness
Describe what is considered as a “reasonable person”:
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.
Under what two principles of good law are reasonableness and legitimacy tied for fairness?
- The law must apply equally to all citizens
- Disputes between citizens and the gov. must be decided by properly authorized judicial bodies.
True or False: There are two legal systems at work in Canada.
True, the Civil Law (Quebec, 1774) and the English Common Law
Canada’s ___________ occupies the highest level in our hierarchy of laws, it is the “supreme law” with which all other laws must conform.
Constitution
Define the Constitution:
A document that establishes the basic framework under which all other laws are created and the basic principles to which all laws must conform.
What are the three key powers that the constitution grants Provinces?
- Specific areas of power
- Natural resources
- Proprietary interest
What are the four key powers that the constitution grants the Federal Government?
- Specific areas
- General power
- Interprovincial/International
- Treaty-making Power
To determine whether a law is within federal or provincial jurisdiction, a court first makes a ___________.
Preliminary Assessment
What is Paramountcy?
Overriding, chief in importance, supreme; in Canada, the doctrine of paramountcy holds that where there is a conflict, federal laws prevail over provincial laws.
What is a By-law?
Legally enforceable rules created by municipalities according to the powers given to them by municipal statutes.
What is Indigenous Law?
The laws and law-making powers that Indigenous peoples have regardless of the Canadian legal system.
What is Aboriginal Law?
The term used to refer to the body of Canadian statute and common law that concerns issues related to Aboriginal peoples in Canada.
Explain the Hierarchy of Environmental Legislation ranking:
- Constitution of Canada; then
- Environmental Statues; then
- Subordinate legislation; then
- Cabinet ministers, municipal governments, and some environmental boards.
Who is the Governor in Council?
A federal member of Cabinet vested with power to create regulations and rules pursuant to a statute.
Who is the Lieutenant Governor in Council?
A provincial member of cabinet vested with power to create regulations and rules pursuant to a statute.
Is the Governor in council federal or provincial?
Federal
Is the Lieutenant Governor in Council federal or provincial?
Provincial
What is a Bill?
A draft statute, subject to change and not yet passed into law.
What does the creation of a Statute begin with?
A governments development of a policy
What is the CEAA?
Canadian Environmental Assessment Act
What is the CEPA?
Canadian Environmental Protection Act
What is a Bill?
A draft statute, subject to change and not yet passed into law.
What is the eight step legislative process?
- First Reading
- Second Reading
- Committee Stage
- Report Stage
- Third Reading
- Senate
- Royal Assent
- Coming into force
What six parts are included in a Regulatory Impact Statement?
- Description
- Alternatives
- Benefits & Costs
- Consultation
- Compliance & Enforcement
- Contact
What are the four fundamental requirements in federal & provincial regulations?
- Legal Examination
- Order-in Council Approval
- Publication
- Registration
What are Discretionary Decisions?
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.
What is Liability?
Legal obligations and responsibilities.
Environmental liability arises from obligations imposed by either:
- The general law, or
- Specific environmental legislation
Define a Tribunal:
A specialized quasi-judicial board, commission, panel, or other decision-making body that makes decisions pursuant to particular statutes.
What are the three key functions of the Courts?
- Apply the law
- Provide a check on the use of government power
- Adjudicate on matters of rights and liabilities.
How are the purposes of Courts and Tribunals different?
Courts: Adjudicating rights among the parties.
Tribunal: Overseeing a legislative framework.
What are the seven key rights of Administrative Law?
- Right to Notice
- Right to Counsel
- Right to cross-examine
- Right to Natural Justice
- Right to Procedural Fairness
- Right to Jurisdiction
- Right to Discretion
What is a ADR?
Alternative Dispute Resolution
Define an ADR:
A process other than the court system through which a conflict is settled.
What are the four types of ADR processes?
- Negotiation
- Facilitation
- Mediation
- Arbitration
True or False: Like any law, environmental law gains legitimacy through its creation by authoritative bodies.
True
Quebec has a system of _____ law, and the rest of Canada has a system of ________ law inherited from Britain.
civil, common
True or False: Canada’s Constitution occupies the highest level in our hierarchy of laws . It is the “supreme law”
True
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 .
doctrine of paramountcy
Explain the process of laws being made:
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 .
______________ are a type of subordinate legislation that are authorized by an enabling statute .
Regulations
Explain Liability:
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 .
