Courts, Tribunals and Dispute Settlement Flashcards
What is the branch of Canadian Government that deals with Common Law?
Judicial Branch
Who is part of the executive branch?
Prime minister and Cabinet [and Queen according to some sources]
How do people become part of the Senate?
They are appointed by the Prime Minister’s recommendation
How do people become part of the House of Commons?
They are elected by voters
[way of remembering: House of Commons members elected by the COMMON people]
What branch of Canadian Govt deals with Statutory Law?
Legislative Branch
[weird way of remembering: a STATUe with LEGs]
Courts are divided into which two systems?
1 - Private Law System
(Resolves disputes between individuals - Civil Law in Quebec, Common Law in the rest of Canada)
2- Public Law system (Gov’t upholds the law for the benefit of society)
In which type of Private law do courts only interpret and apply decisions on a case-by-case basis, with no reliance on precedent?
Quebec’s (Private) Civil Law
What big prohibition doe Private Common Law deal with?
One cannot unreasonably interfere with a neighbour’s legal use of his/her property
[sometimes also mentions ‘the quiet enjoyment of one’s own property’
What court has the final say in Common Law?
The Supreme Court
Why is common law often more important than what a statute or regulation says?
Common law is often more important than what a statute or regulation says because of the interpretations and decisions of court over time
What type of Law represents most environmental law?
- Public Law
- General characteristic: Prohibitory eg. “no one shall discharge contaminants into a river”
- Often a proviso states “unless” an approval is granted
In Private Law, what does the plaintiff have to do, and what is the standard of proof?
In private law:
- plaintiff must establish that the defendant committed wrongdoing (tort)
- decision based on balance of probability (Who has the most credible evidence)
In Private Law, what is the penalty usually?
Compensating the person harmed, usually monetarily
What is the standard of proof in Public Law, and regarding what element(s)?
- Guilty beyond reasonable doubt
1 - Mens rea = intended to commit or guilty mind
2 - Actus rea = committee the offense
Is it private or public law where the pentalty may be a fine and/or jail sentence?
Public Law
note jail sentence
What is the primary objective of Public Law?
Deter others from unacceptable social behaviour
[the possibility of going to jail can be a pretty big deterrent]
Criminal offences fall under which jurisdiction, and deals with what types of things?
- Federal jurisdiction
- Most socially objectionable, eg. murder
What type of criminal do most environmental offenses fall under?
Quasi Criminal (Under Public Law System)
- because natural resources are under provincial jurisdiction
Can both private and public systems apply at the same time?
Yes.
What has been implemented as a solution to courts being overwhelmed, and what powers do they have?
- Tribunals
- only powers/jurisdiction granted by the statute or regulation
eg. Environmental Review Tribunal, Local planning Appeal Tribunal
Where do you check to see if you can appeal? [?]
The Statute
What are 4 types of Alternative Dispute Resolution?
- Negotiation-parties meet and attempt to resolve issues on their own.
- Facilitation-parties use a third party to help resolve the issues.
- Mediation-more structured, uses a third party to find common ground and resolution.
- Arbitration-a third party makes final decision –binding on all parties.
[weird Acronym to remember: NEGatives of FACes MEan ARt]
What is tort?
A civil wrong
