chapter 2 reading (not in PP) Flashcards
sovereignty
people governing a country have, within their control, the supreme and absolute power to govern themselves in whatever way they choose
since when has canada been a fully sovereign nation?
since 1982 with the Constitution act
the 1982 Constitution act
sets up structure for our government (federal and provincial)
restricts our federal government by stating it cannot make laws relating to matters given to provinces
provincial legislatures
to pass laws on subjects that the constitution says are reserved exclusively for them
the three elements of the federal parlement
- house of commons
- senate
- queen
the two elements of the quebec legislature
- national assembly
2. queen
the Governor General
the representative of the Crown in Canada
ensures that our country always has a prime minister
calls Parliament prorogues Parliament, and dissolves existing Parliament
the Lieutenant Governor
the Queen’s representative in each province of Canada
the only source of authority to make laws in Canada
the Constitution
–> tells us which of the governments has the right to enact legislation on specific matters
–> limits all governments form imposing any arbitrary laws contradicting the rights granted by the Constitution
a code
deals with many subjects in a broad area
interpretation can be made with the aid of outside sources such as previous laws or decisions, as well as writings of respected jurists
the Courts of Quebec
the court of appeal
the superior court
the court of quebec
the municipal courts
court’s jurisdiction
courts have different levels of compentencies
–> can refer to the nature, or type of cases brought before that court
or
–> the geographic area of the province where the court may hold its sittings and from which it may hear cases
Municipal court
court in each city or municipality in a province
except for large cities in Quebec (montreal, laval, and Quebec city), it is usually a part time court
–> one or twi evenings each week
in regard to violations to municipal laws and to minor criminal matters
doesn’t look at when someone is suing someone else for money
why is the court of quebec called the court of first instance?
because cases come to this court the first time they are heard
the three divisions of the court of quebec
civil division (includes the small claims court)
youth division
criminal and penal division
which cases does the court of quebec hear?
value claimed or contract in dispute is more than $7K and less than $85K
–> except for alimentary pension or alimony
cancelling a lease when the amount claimed for rent and damages is less than $85K
recovering unpaid municipal or school taxes
hearing adoption matter applications
when can the judgement of the court of quebec be appealed in the court of appeal?
if the value of the object in dispute is greater than $60K
–> cases below cannot be appealed and are final judgement
true or false
the judges of the court of quebec are appointed by the provincial government for life?
true
why were small claim courts organized in 1972?
to relieve backlog of cases and pressure on higher courts
–> to enable people to obtain faster and less expensive settlement on minor court cases
to which court does the inquisitive method belong to and what does it do?
the small claim court
one judge hears the parties, asks them about relevant facts, and renders a decision
