Module 1: Canadian Legal System

Question 1

Define: Arbitrary detainment

Answer 1

To be detained without valid or legal reason

Question 2

Define: Tort Law

Answer 2

Allows others to sue you for your actions which cause harm to others

Question 3

Where to find laws

Answer 3

Canlii (legal database)
Court websites (ex. Supreme Court of Canada)

Question 4

Define: Statute

Answer 4

Government-made law

Question 5

Types of statute

Answer 5

Federal
Provincial
Municipal (by-laws)

Question 6

2 major documents which make up Constitution

Answer 6

Constitution Act, 1867
Constitution Act, 1982

Question 7

Which Constitution Act determines jurisdiction?

Answer 7

Constitution Act, 1867

Question 8

Latin term for government law made outside of its jurisdiction

Answer 8

Ultra vires

Question 9

Which section of the Constitution Act, 1867 determines federal jurisdiction?

Answer 9

Section 91

Question 10

Which section of the Constitution Act, 1867 determines provincial jurisdiction?

Answer 10

Section 92

Question 11

What is common law (case law)?

Answer 11

Decisions made by judges in court which become part of law

Question 12

What is the Latin term for “rule of precedent”?

Answer 12

Stare decisis

Question 13

Hierarchy of Alberta courts

Answer 13

Supreme Court of Canada (top)

Court of Appeal of Alberta

Court of King’s Bench of Alberta

Provincial Court of Alberta

Question 14

Which Act brought the Charter of Rights and Freedoms?

Answer 14

Constitution Act, 1982

Question 15

What does the Constitution do?

Answer 15

Provides framework for government

Describes powers of government

Guarantees fundamental rights

Question 16

Where do federal laws apply?

Answer 16

Across all of Canada

Ex. “Criminal Code of Canada”

Question 17

Describe “provincial laws”

Answer 17

Relationships among individuals or groups

Focus on local issues

Apply only within that province or territory

Question 18

Who controls the “high provincial courts”?

Answer 18

Both federal and provincial governments

Question 19

What is the “Carter Case”?

Answer 19

A challenge against the federal government regarding the Criminal Code/Charter of Rights and Freedoms
Argued that the Criminal Code was unconstitutional because it incriminated anyone who assists in suicide. Also argued that the “right to life” also includes the “right to die” under the Constitution.

Question 20

Between whom does the Charter of Rights and Freedoms affect?

Answer 20

Between individuals and the government

Question 21

What is the maximum amount of time before a trial must be held in provincial court?

Answer 21

18 months

Question 22

What is the maximum amount of time before a trial must be held in the Court of King’s Bench?

Answer 22

30 months

Question 23

What does the Human Rights Commission(Tribunal) do?

Answer 23

Offers dispute resolution for complaints about breaches of the Human Rights Act

Question 24

What does the Charter of Rights and Freedoms do?

Answer 24

Protects individuals from government action that infringes on guaranteed rights and freedoms

Question 25

What does the Alberta Human Rights Act do?

Answer 25

Protects individuals from discriminatory action in the private sector (business or individual)

Question 26

What two things are required in order to be considered a breach of the Human Rights Act?

Answer 26

A protected area and protected ground

Question 27

Protected areas under Human Rights Act

Answer 27

- Public statements, publications, notices, signs - Public goods, services, accommodation - Tenancy - Employment practices - Membership in a trade union or association

Question 28

What are "bona fide occupational requirements"?

Answer 28

Exceptions made to the Human Rights Act in regards to employment and requirements of said employment. (ex. height, strength, physical attributes, etc.)

Question 29

What is the "duty to accommodate"?

Answer 29

The duty to find other suitable employment within the business for individuals who are unable to perform in the required capacity

Question 30

What does the Latin term "bona fide" mean?

Answer 30

Good faith