Intro to Law and CRF Flashcards
What are the four characteristics of justice?
- Context (all casses treated alike but different casses treated differently)
- Relevance (not basses on irrelevant characteristics)
- Impartial (does not take sides)
- Reflective (of socitities values anc belifs)
What is Common Law?
established buy traveling courts. discustion between judges to set precident.
What is Magna Carta?
- provided people with basic rights (fair trial, justice)
- rule of law (no one is above the law)
- habeas corpus
What is Habeas Corpus?
the right of an arrested person to be promptly brought before a judge, not detained without cause
What is the Napoleonic Code?
- development of the french civil law
- influenced the quebec civil law
What is the Great Binding Law?
- Iropuois confederacy oral laws
- esttablished rights duties and resposibilities of the aboriginal people and their leaders.
What is the Statute Law?
a collection of written laws adopeted by a legislative body.
What is the British North American Act?
- 1867
- british parliment created the dominion of Canada.
What is a Constiution?
the document that outlines how a country should be structured and how it should function.
What is the the structure of the Canadian Federal Goverment System?
- Federal; more power in federal gov, but not all.
- Provincial; provincial power and juristiction, less than federal.
What and when was the Statute of Westminster?
- 1931
- granted Canada the authourity to make its own laws apart from England, and to make its own nation-nation agreements.
What was the Constitution Act 1982?
- Charter of Rights and Freedoms
- procedure for changeing consttution
What are the Residual Powers?
the federal responsibility to make laws in areas not already assigned to the provinces. Also as society evolves and new areas of law come up the federal gov has authourity.
When was the Charter of Rights and Freedoms created?
1982
What is a Right?
the legal, moral or social entitlements that are due to all people simply because they are human beings.
What is a Freedom?
Refers to the people being able to live their lives without being hampered or frustrated.
What are the four fundemental freedoms under Section 2 of the CRF?
freedom of…
- conscience and religion
- peacefullassembly
- associaiton
- thought belif, opinion and espresion.
What is Section 3 of the CRF?
Democratic Rights
What is Section 7 of the CRF?
Life Liberty, security or a person
What is Section 8 of the CRF?
Unreasonalble search and seizure
What is Section 9 of the CRF?
Arbitrary detention or imprisionment
What is Section 10 of the CRF?
Promptly informed of the reason for the arrest or detention
What is Section 11 of the CRF?
If arrested or detained…
- to procede to trial within a reasonalbe amount of time.
- to be promply informed of your right to legal council
- to not be fored to testify at your own trail
- to be inocent untill proven guilty
- If acquitted not tot be tried not the same offence again.
What is Section 12 of the CRF?
no to recive cruel and unusual treatment
What is Section 13 of the CRF?
Witness statements cannot incriminate
What is Section 14 of the CRF?
Interpreter provided, if necessary
What is Section 15 of the CRF?
equality reights (gender, language, racial) - everyone is equal
What is section 35 of the CRF?
recognized and affirns existing aboriginal rights but does not define them.
What do aboriginal rights include?
the right…
- to land
- to practice one’s own culture
- establish treaties
Why was section 35 of the CRF added?
beacue canadian indigenous people protested.
2 major concers:
- existing agreement would no longer hole legal weight
- no longer considerd autonomous decision-makers at the federal level.
What is section 35 most relevant to now?
- land claims and treaties
- truth and reconciliation
- climate change
