Chapter Two-Intro

Question 1

What is law?

Answer 1

Body of rules made by government that can be enforced by the courts or by other government agencies

Question 2

Substantive law

Answer 2

Establishes rights one has in society along with limits

Question 3

Procedural law

Answer 3

Determines how substantive laws will be enforced

Question 4

Public law

Answer 4

Includes constitutional law and criminal law

Question 5

Private law

Answer 5

Involves the rules that govern our personal, social, and business relations

Question 6

Civil law legal system

Answer 6

Has central code in which courts rely on to resolve private disputes in that province

Question 7

Stare decisis

Answer 7

Stand by decision

Question 8

Statutes

Answer 8

Override judge made law, parliamentary enactments

Question 9

What divides the legislative power

Answer 9

S.91+92 (fed in 91, prov in 92)

Question 10

Residual power clause

Answer 10

Fed gov’t has the “peace, order, and good government clause”

Question 11

Provincial powers

Answer 11

Municipal
Health care
Direct taxation in prov
Property and civil rights
Administration of justice within prov

Question 12

Federal powers

Answer 12

Trade and commerce
Employment insurance
Criminal law
Banking, currency, postal service
Military

Question 13

Doctrine allowing the courts to uphold laws in which prov and fed are of equal importance

Answer 13

Double aspect

Question 14

Paramountcy

Answer 14

When prov and fed laws conflict, follow fed paramountcy

Question 15

Bill process prov

Answer 15

1st reading-into
2nd reading-debate
3rd reading-vote
To Lt governor for royal assent

Question 16

Bill process fed

Answer 16

1st reading-intro 
2nd reading-debate
3rd reading-final debate +vote
To senate
To Governor General for royal assent

Question 17

Canadian bill of rights

Answer 17

First attempt of protecting human rights
Just another statute
Not sufficient enough

Question 18

Section one

Answer 18

Reasonable limits

• “Oakes Test”
• Rights can be limiting

Question 19

Section two

Answer 19

Fundamental freedoms

• Freedom of conscience + religion
• Freedom of belief, opinion and expression (+press)
• Freedom of assembly and association

Question 20

Section three, four, & five

Answer 20

Democratic rights

• protect right to vote and qualify to be elected
• s.4 ensures election every five years
• s.5 ensures the elected body be called in once every year

Question 21

Section six

Answer 21

Mobility rights

• ensures Canadians can travel and live anywhere in the country
• allows Canadians to make livelihood in any part of Canada

Question 22

Section seven

Answer 22

Legal rights

-states that we have the right to life,liberty, and the security of the person

Question 23

Section eight and nine

Answer 23

More legal rights

-unlawful search and seizure and arbitrary imprisonment

Question 24

Section fifteen

Answer 24

Equality rights

• prohibit discrimination based on gender, religion, and etc.
• section 15(2) allows discrimination for affirmative-action programs

Question 25

Section 16 to 23

Answer 25

Language rights, ensuring English and French have equal status

Question 26

Section 33

Answer 26

Notwithstanding clause

• allows each province and fed govt to override section 2 + 7-15
• sunset clause means every five years operation has to be re-enacted

Question 27

Canadian human rights act

Answer 27

Applies to abuses in sectors regulated by fed legislation

Question 28

Alberta human rights act

Answer 28

Section 7: prevents employers from discriminating excepts allows age and marital status in terms of retirement

Section 8: no discrimination in applications and advertising for jobs

Question 29

Bona fide occupational requirement

Answer 29

A genuine occupational qualification