Chapter 2 - Canadian Legal System

Question 1

What is law?

Answer 1

the body of rules made by govt that can be enforced by the courts or by other govt agencies

Question 2

categories of law

Answer 2

substantive, procedural, public, private law

Question 3

substantive law

Answer 3

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

Question 4

procedural law

Answer 4

determines how substantive laws will be enforced

Question 5

public law

Answer 5

includes constitutional law and determines how the country is governed and regulates our relationship with govt

Question 6

private law

Answer 6

governs personal, social and business relationships

Question 7

Stare decisis

Answer 7

a system of justice where judges are required to follow precedent

allows the parties to predict the outcome of the litigation and avoid going to court

Question 8

Draw out Canadas Justice System

Answer 8

slide 17

Question 9

Equity

Answer 9

dealt with matters that could not be handled adequately or fairly by the common law courts

Question 10

Canadas constitution

Answer 10

1. statutes
2. case law
   3: conventions: dictating how the govt is to operate and include rule of law)

Question 11

Sections 91 and 92

Answer 11

divide powers between federal and provincial govts

Question 12

“Peace, order and good govt” (POGG) clause

Answer 12

federal govt has residual power to make law on things not included in constitution act

Question 13

3 branches of govt

Answer 13

1. legislative - which creates legislation or statute law
2. judicial - which interprets legislation and makes case law
3. executive - implements law

Question 14

section 35

Answer 14

recognizes and affirms existing indigenous and treaty rights

Question 15

paramountcy

Answer 15

powers of the federal and provincial govts can overlap considerably

(if overlap is incidental, both laws are valid and operative)

Question 16

Limitations on charter rights

Answer 16

section 1
section 33
section 32(1)

Question 17

section 1

Answer 17

allows interference with rights and freedoms as may be justifiable in a free and democratic society

Question 18

section 33

Answer 18

legislatures can pass acts that infringe on rights “notwithstanding” the Charter, but legislation must be reviewed every 5 years (sunset clause)

Question 19

section 32(1)

Answer 19

restricts operation of the charter to govt and govt-related activities

Question 20

fundamental freedoms

Answer 20

conscience and religion
thought, belief, opinion and expression
peaceful assembly, and association

Question 21

section 6 mobility rights

Answer 21

canadians can travel and live anywhere within the geographic limitations of Canada as well as enter and leave the country at will

Canadians have the right to earn livelihood in any part of Canada

Question 22

section 7 legal rights

Answer 22

protect individuals from unreasonable interference from govt or its agent

right to life, liberty and the security of person

Question 23

fundamental justic

Answer 23

everyone is entitled to procedural fairness and the rule of law

Question 24

sections 8 and 9

Answer 24

prohibit activities like unreasonable search and seizure and arbitrary imprisonment

Question 25

section 15 equality rights

Answer 25

prohibits discrimination is the application of the law and a general prohibition against discrimination