Chapter 2: Levels of the Law part 2

Question 1

Constitutional law

Answer 1

division of powers between federal and provincial institutions
-charter was created in 1982 when canada ended ties with british govt

Question 2

charter of rights and freedoms

Answer 2

• protects individuals from infringement of their rights by the government
• govts do noth= have power to change
• ordinary legislation (new laws) can not over ride the charter
• courts can strike down laws that are unconsitutional

Question 3

section 1 of the charter

Answer 3

limitations on charter rights,

interference with rights must be justifiable in a free and democratic society

Question 4

section 2 of the charter

Answer 4

fundamental freedoms

Question 5

section 3-5 of the charter

Answer 5

democratic rights

-vote, run in elections, govt obligations

Question 6

section 6 of the charter

Answer 6

mobility rights

-live, work anywhere in canada, and enter and leave the country

Question 7

section 7 of the charter

Answer 7

legal rights

right to life, liberty, and security of person

Question 8

section 15

Answer 8

equality rights– fundamental right to business– prohibits discrimination

Question 9

section 16 of the charter

Answer 9

minority language rights- french and english only

Question 10

limitation of the charter

Answer 10

section 33 - legislature can pass acts that infringe on rights in the not withstanding clause
- this only applies to fundamental freedoms and equality rights

Question 11

human rights legislation

Answer 11

sets rules between individuals and individuals and society that prohibits discrimination

Question 12

indigenous people and constitutional law

Answer 12

-reconciling the impact of european colonists

Question 13

treaty rights

Answer 13

official agreements between crown and indigenous people – land title, fishing, trapping etc

Question 14

aboriginal rights

Answer 14

if treaties have not been negotiated, these are all their rights, like their right to land

Question 15

indian act

Answer 15

first nations band councils have the power to pass bylaws governing the reserve– includes community health and law and order

Question 16

the courts in canada are:

Answer 16

• independant of govt
• open to the public
• ban on publication (no media reports)
• no cameras
• hold criminal and civil functions
• Trial and appeal functions
• administrative tribunals

Question 17

BC courts (provincial)

Answer 17

• lower level court cases
• small claims < 35000 $
• youth court (12-17)
• criminal (less serious)
• family court
• traffic and bylaws

Question 18

BC Supreme Court

Answer 18

• civil cases >35,000$
• serious criminal offences (murder, kidnapping, drugs)
• Divorce cases

Question 19

BC Appeal court

Answer 19

highest court in the province
-review cases and evidence to see if rules of law were followed
if not there is a new trial at the supreme court
cases: -appeal from provincial or supreme court, appeal from government regulatory body (human rights tribunal, labour relations board, workers comp)

Question 20

federal court

Answer 20

issues affecting the whole of canada

• has a trial division and appeal division
  cases: -trademarks, patents, copy right, tax court, government regulatory body

Question 21

supreme court of canada

Answer 21

highest court

• last resort for any case in canada
• its in ottawa
• 9 judges
• cases: - review cases and evidence of importance to country and hear appeals from supreme court of provinces