Courts, Tribunals and Dispute Settlement

Question 1

What is the branch of Canadian Government that deals with Common Law?

Answer 1

Judicial Branch

Question 2

Who is part of the executive branch?

Answer 2

Prime minister and Cabinet [and Queen according to some sources]

Question 3

How do people become part of the Senate?

Answer 3

They are appointed by the Prime Minister’s recommendation

Question 4

How do people become part of the House of Commons?

Answer 4

They are elected by voters

[way of remembering: House of Commons members elected by the COMMON people]

Question 5

What branch of Canadian Govt deals with Statutory Law?

Answer 5

Legislative Branch

[weird way of remembering: a STATUe with LEGs]

Question 6

Courts are divided into which two systems?

Answer 6

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)

Question 7

In which type of Private law do courts only interpret and apply decisions on a case-by-case basis, with no reliance on precedent?

Answer 7

Quebec’s (Private) Civil Law

Question 8

What big prohibition doe Private Common Law deal with?

Answer 8

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’

Question 9

What court has the final say in Common Law?

Answer 9

The Supreme Court

Question 10

Why is common law often more important than what a statute or regulation says?

Answer 10

Common law is often more important than what a statute or regulation says because of the interpretations and decisions of court over time

Question 11

What type of Law represents most environmental law?

Answer 11

• Public Law
• General characteristic: Prohibitory eg. “no one shall discharge contaminants into a river”
• Often a proviso states “unless” an approval is granted

Question 12

In Private Law, what does the plaintiff have to do, and what is the standard of proof?

Answer 12

In private law:

• plaintiff must establish that the defendant committed wrongdoing (tort)
• decision based on balance of probability (Who has the most credible evidence)

Question 13

In Private Law, what is the penalty usually?

Answer 13

Compensating the person harmed, usually monetarily

Question 14

What is the standard of proof in Public Law, and regarding what element(s)?

Answer 14

• Guilty beyond reasonable doubt
  1 - Mens rea = intended to commit or guilty mind
  2 - Actus rea = committee the offense

Question 15

Is it private or public law where the pentalty may be a fine and/or jail sentence?

Answer 15

Public Law

note jail sentence

Question 16

What is the primary objective of Public Law?

Answer 16

Deter others from unacceptable social behaviour

[the possibility of going to jail can be a pretty big deterrent]

Question 17

Criminal offences fall under which jurisdiction, and deals with what types of things?

Answer 17

• Federal jurisdiction

- Most socially objectionable, eg. murder

Question 18

What type of criminal do most environmental offenses fall under?

Answer 18

Quasi Criminal (Under Public Law System)

• because natural resources are under provincial jurisdiction

Question 19

Can both private and public systems apply at the same time?

Answer 19

Yes.

Question 20

What has been implemented as a solution to courts being overwhelmed, and what powers do they have?

Answer 20

• Tribunals
• only powers/jurisdiction granted by the statute or regulation

eg. Environmental Review Tribunal, Local planning Appeal Tribunal

Question 21

Where do you check to see if you can appeal? [?]

Answer 21

The Statute

Question 22

What are 4 types of Alternative Dispute Resolution?

Answer 22

1. Negotiation-parties meet and attempt to resolve issues on their own.
2. Facilitation-parties use a third party to help resolve the issues.
3. Mediation-more structured, uses a third party to find common ground and resolution.
4. Arbitration-a third party makes final decision –binding on all parties.

[weird Acronym to remember: NEGatives of FACes MEan ARt]

Question 23

What is tort?

Answer 23

A civil wrong