Chapter 2: Sources of Law

Question 1

Canada’s Legal System is highly influenced by?

Answer 1

English and French system

Question 2

Is considered as code and used throughout Canada?

Is a law that codifies most criminal offenses and procedures in Canada?

Answer 2

Criminal code

Question 3

Law that is not written down as legislation

Evolved into a system of rules based on precedent

It is flexible, it adapts to changing circumstances because judges can announce new legal doctrines or change of ones

Answer 3

Common-Law Tradition

Question 4

Civil codes comprehensive statement of rules

Many are framed as broad, general principles to deal with any dispute that may arise

Courts in a civil-law system first look to a civil code, then refer to previous decisions to see if they’re consistent

Answer 4

Civil law tradition

Question 5

The first significant shift from monarchy to a democracy

Answer 5

Magna Carta (1215)

Question 6

The rapid period of colonization between the 16th and 17th hundreds influence the division of?

Answer 6

Division of British and French Rule

Question 7

The establishment of the new legal structure

Included broad land rights for Indigenous people that limits settlers from claiming the land

Passed the Quebec Act that allows the use of French Civil Law In Quebec

Answer 7

Royal Proclamation (1763)

Question 8

Provide with the accumulation of Quebec, Ontario, Nova Scotia, and New Brunswick under the Parliamentary System

Answer 8

BNA Act (1867)

Question 9

Law passed by British Parliament on March 29, 1867 to create the Domination of Canada

Outlines the structure of government in Canada nad the distribution of powers between the central Parliament and Provincial Legislatures

Answer 9

Constitution Act (1791)

Question 10

The difference between the two divisions of law?

Answer 10

Public Law - concerns public interest and regulate collective or common matter

Private Law - concerns private interest and regulate individually matter

Question 11

Examples of Public Law?

Answer 11

• constitute law
• criminal law
• administrative law (parole board)
• taxation law

Question 12

Examples of Private Law?

Answer 12

• contracts
• real estate
• property
• family law
• wills and truths
• torts
• company law
• the law of agency
• patent law

Question 13

Law that exists in a single nation-state?

Answer 13

Domestic law

Question 14

Law that is common to all nation-state?

Answer 14

International law

Question 15

Sources of Canadian law?

Answer 15

• statute law
• case law
• reporting case law
• custom
• books of law

Question 16

Laws that are enacted by elected legislatures withier it could be Federal or Provincial

Answer 16

Statute Law

Question 17

What are the sources of statutes law in Canada?

Answer 17

1) house of commons

2) legislative assembly of different provinces and territories

Question 18

The process of creating the statute:

Answer 18

1) current government introduces a Bill to the House of Commons or legislative assembly
2) debate and public hearings
3) readings and additional amendments may be made
4) after the third reading, the bill is passed

Question 19

Laws that are established based upon specific court cases and decision with the Supreme Court of Canada establishing final case

Answer 19

Case law

Question 20

Decisions that are made in courts may be reported or may not be reported

Answer 20

Reporting case law

Question 21

Law that derives from the practices and patterns of behavior to what the society comes to understand itself

Answer 21

Custom

Question 22

Text or commentaries that are written by legal scholars on a legal topic

Answer 22

Books of law

Question 23

The federal government of Canada that’s responsible for administering sentences that are imposed by court or judges longer than 2 years

Answer 23

Correctional Service of Canada (CSC)

Question 24

Ombudsman for federally sentenced offenders

Produces a report every year and highlight how Indigenous people are more likely to

Answer 24

Office of the Correctional Investigator (OCI)

Question 25

What section suggests that a court that imposes a sentence should take into consideration certain circumstances?

Answer 25

Section 718 sub 2

Question 26

This case looks at the aggravating and mitigating circumstances of the offense (under section 718 sub 2)

The case seeks to recognize and address the overrepresentation of Indigenous people in custody

Answer 26

R vs. Gladue (1999)

Question 27

Often referred to as conditional release

Answer 27

Parole

Question 28

Different types of conditional release?

Answer 28

• temporary absence
• away for a day
• full parole in 1/3 of the offender’s sentence
• statutory release 2/3 of the offender’s sentence

Question 29

The Correctional Service Canada uses many ______________ tools to decide an inmate security classification, eligibility for parole and interventions.

Answer 29

Risk assessment

Question 30

This case deals with the interpretation of section 24-1 (Corrections and Conditional Release Act) which states that “the service shall take all reasonable steps to ensure that any information about the offender that is used is accurate, up to date, and as complete as possible.”

The case also challenged the Charter Rights of what section?

Answer 30

Ewert vs. Canada (Correctional Service)

Section 7: life, liberty, and security