Exam Review Flashcards
In the UK Rules of reception, what laws came in under conquest?
The law of the conquered people continued in force, except to the extent that it was
inconsistent with British Law (Ontario and QB)
UK rules of reception under Settlement?
The settlers brought the law with them into a void and this became the initial law of the colony (rest of Canada other than Ontario and QB)
Aboriginal Title refers to the right to decide
how the land will be used, right of employment and occupancy, right to possess the land, T/F?
true
Common law is found in the decisions of legislators? TF?
False
The Royal Prerogative refers to powers that the crown can exercise without authority of statute. T/F?
True
Give two examples of Royal Prerogative Powers.
Issue of Passports, Declaring War/Peae, Granting honours, granting mercy, foreign relations
Statutes are:
Laws Enacted by Parliament and the Legislatures.
The Constitution provides?
A framework for the exercise of power by the government.
The hierarchy of public law rules is:
Constitution, Statutes, Equity, Common Law/Royal Prerog.
Which section of the CONS covers existing treaty rights?
35
That the CONS is Counter-Majorian means:
It is a check on majority preferences and imposes limits on what kind of laws can be passed.
The CONS can only be amended by
Super-Majority.
What year was the CONS enacted and what was it’s original name?
The BNA, 1867
What was the Balfour Declaration?
that the dominions are autonomous communities within the British empire, equal in status,
1931 Statute of Westminister did what?
No law of the UK would extend to Canada unless Canada has requested and consented to the law
What was the final time that the UK legislated in relation to Canada?
The Canada Act 1982
Unanimous consent procedure means
amendments must be authorized by all provincial legislatures, the senate and the HOC.
General Amending Procedure requires?
Amendments to be authorized by the HOC, the Senate, and at least 7 provincial Legislatures, repping 50% of the provincial populations.
What are the two dominant approaches to CONS Interpretation?
Originalism and Progressive.
In Canada the Courts have generally used Originalism (T/F)
False.
The CONS is often referred to as a:
Living tree
The Divisions of Powers are found in what sections of the CONS
91 fed/92 prov
Property and Civil rights are federal jurisdiction. T/F?
False
What type of rights does section 2d of the Charter provide?
Negative Rights
During the Caretaker period after an election, the Government restricts itself to matters that are:
Non-Controversial
Urgent and in public interest
or
easily reversible
Agreed to by opposition parties
The Queen is represented by
The Governor General
How many Senators are there?
105
The Senate provides what for the provinces with smaller populations?
Regional Representation
How many MP’s are there?
338, adjusted periodically
What are the 3 sources of Executive Power
The CONS
Statutes enacted by Parliament and Prov Legislatures
Combo of Royal Pro and Common Law
The majority of executive powers are?
Statutory
Parliament and Provincial govs can delegate powers to each other? T/F?
False
The King reigns but does not..
Govern
The Supreme Court was established by an
Act of Parl 1875
The 3 aspects of Judicial Independence are:
Security of Tenure, Financial Sec, Admin Independence
Judges are accountable through two mechanisms:
The appeals process and the Judicial discipline bodies
Parliament can legislate any statutes, provided it does not violate the:
Constitution
All people appearing before a judge have a constitutionally protected right to a lawyer. T/F?
False
The two possible bases of judicial review of administrative actions are:
Breach of procedural fairness and substantial merit
Audi alteram partem means:
let the other side be heard
