Introduction To Law

Question 1

What are the citations used in criminal court

Answer 1

Rex. since 2022

Question 2

Name all sections of the charter of rights and freedoms

Answer 2

Section 1-Gurantee of rights and freedoms
Section 2- Fundamental freedoms
Section 3-5- Democratic rights
Section 6- Mobility rights
Section 7- 14- Legal Rights
Section 15- Equality rights
Sections 16-22= Official Languages of Canada (French and English
Section 23- Minority language educational rights

Question 3

Notwithstanding Clause?

Answer 3

The not withstanding clause which is section 33 of the CCRF allows parliament or the legislature of a province to diminish from certain sections of the Charter, specifically with section 2 (fundamental freedoms), section 7 to 14 (legal rights) and section 15 (equality rights). It does not apply to democratic rights, mobility rights or language rights.

Question 4

Amending Formula?

Answer 4

To change constitution:
needs to be proven from 1) House of commons, 2) The senate, 3) a minimum number of provincial legislatures

Must be at least 7 provinces that approve the change representing at least 50% of the population of all provinces combined

Question 5

Substantive V Procedural Law

Answer 5

Procedural Law encompasses legal rules governing the process for settlement of disputes (criminal and civil). In contrast, SUBSTANTIVE LAW sets out the rights and obligations of members of society. Procedural and substantive law are complementary.