Introduction to Sources of Law

Question 1

What is the Constitution of Canada?

Answer 1

The supreme law of Canada that defines:

• the powers of the federal and provincial government
• the powers of the superior and inferior courts
• the rights enjoyed by all residents of Canada

Question 2

Can the Constitution be amended by Parliament?

Answer 2

No, it likely would require approval of the majority of the population in each Province

Question 3

What statute enabled the creation of Canada as a nation autonomous from Britain?

Answer 3

The British North America Act (BNA Act) - later renamed the Constitution Act, 1867

Question 4

What two changes happened in 1982 to Canada’s Constitution?

Answer 4

• The Constitution Act, 1982 meant Britain would no longer have a role in amending Canada’s Constitution
• The Canadian Charter of Rights and Freedoms was made, and became part of the Constitution

Question 5

What freedoms are guaranteed in the Canadian Charter of Rights and Freedoms?

Answer 5

Freedom of:

• Conscience and religion
• thought belief, opinion, and expression
• peaceful assembly
• association

Also, right to a fair trial and due process

Question 6

Are there limitations to the Charter?

Answer 6

Yes, it can be limited by law which serves for the greater good of society

Question 7

What do sections 91 and 92 of the Constitution Act, 1867 provide for?

Answer 7

That all legislative power and authority is divided between Canada and the provinces

Question 8

What is Common Law?

Answer 8

Judge made law - often through precedent

Question 9

Can common law be altered?

Answer 9

Yes, if federal or provincial parliaments adopt legislation which changes it.

(e.g. Workers Compensation Act)

Question 10

How do parliaments and legislatures modify or create laws?

Answer 10

By enacting legislation

Question 11

What does legislation take form in?

Answer 11

Acts, also called statutes

Question 12

What do provincial governments have exclusive authority to do?

Answer 12

Pass laws related to property and civil rights within the province

Question 13

What is the first stage in the creation of a statute?

Answer 13

A bill, a written statement of legislation, is introduced into the legislature or House of Commons

Question 14

What three things can a bill propose to do?

Answer 14

• creation of a new law
• ammendment of a law
• repeal of legislation

Question 15

What are the two types of bills?

Answer 15

• government bills (bills supported by current government)
• private member bills

Question 16

What must happen to the bill to become law?

Answer 16

• Read (voted) on three times
• If passed, must receive royal assent

Question 17

Are statutes binding?

Answer 17

Yes, courts must give them their full force and effect, subject only to considerations of constitutional validity

Question 18

How are statutes similar to common law?

Answer 18

They are being constantly ammeneded and add or subtract from common law

Question 19

What is the Engineers and geoscientists Act?

Answer 19

The act that creates a self-governing, professional body that is repsonible for regulating admission into the profession.
The government has delegated its duty to regulate to a professional body

Question 20

What is the Local Government Act, the Community Charter and the Vancouver Charter?

Answer 20

Municipal statutes that have delegated locally elected bodies to deal with things like:

• building departments
• zoning bylaws
• development permits
• business licenses

Question 21

What are Regulations and Bylaws?

Answer 21

These augment legislation.
A statute will typically confer power on a individual or body to create regulations and bylaws to supplement a statute

Question 22

How is Criminal Law different than Civil Law?

Answer 22

Where litigation is filed by the government, who then prosecutes private parties (individuals or corporations)

By contrast, in civil law, a private party files a lawsuit

Question 23

What is Criminal Law?

Answer 23

Offences against the state. The primary source of this is set out in a federal statute called the Criminal Code of Canada

Question 24

What is the difference between Criminal and Civil trials in terms of proving guilt?

Answer 24

Criminal: prosecutor must prove facts “beyond a reasonable doubt”

Civil: plaintiff must prove facts based on a balance of probabilities

Question 25

How can a criminal conviction affect an engineer in BC?

Answer 25

Could have reprocussions which result in suspension or revocation of membership with EGBC

Question 26

What does “concurrency of the law” mean to a future professional like you?

Answer 26

You might be held to the contract you are working under, but additionally you’re held to other areas of the law such as the Engineers and Geoscientists Act if you complete a faulty design. Or, if something bad happens, you could be held criminally liable.

Question 27

List the hierarchy of courts in Canada down to the small courts level

Answer 27

Do it - I can’t paste images here

Question 28

How are federal courts different than other courts?

Answer 28

They deal with discrete areas of federal jurisdiction such as:

• immigration
• intellectual property
• maritime law
• tax law

They are still superseded by the Supreme Court

Question 29

Will a court always follow precedent?

Answer 29

Not necessarily - in cases where there are distinguishing features between a case and a preceding one, a court may choose not to follow precedent