Rule of Law

Question 1

supreme court of canada

Answer 1

• can appeal to supreme court

- chief justice - highest judge

Question 2

rule of law

Answer 2

• no one should be punished except for a breach under law
• government and citizens are subject to the law - politicians not above
• we are ruled by the laws and not those who enforce it
• politicians and civil servants must act within power given to them

Question 3

how to politicians and civil servants get power

Answer 3

• constitution
• individual laws that describe powers given to politicians and bureaucrats
• laws give power, must be based in laws

Question 4

challenges of ROL

Answer 4

• ideal that is never reached
• not present in all countries
• corruption and violence
• enforcement: lack of it, sometimes a penalty is seen as a cost of doing business
• access to justice: no justice without access to it

Question 5

cost of access to justice

Answer 5

• $340/hr for lawyer
• 60k+ for a 2 day trial
• adverse cost award: if you dont win you may have to pay the legal fees of the opponents
• self representation: judges can be accommodating but often people dont know how to make a case
• get arrested on purpose: need to be charged to go to court and to challenge the law

Question 6

civil disobedience

Answer 6

• some people think it has a place to make a politicla point
• ex. protests
• law is not always right
• point to pressure governemt to change the law

Question 7

roncarelli v duplessis

Answer 7

• jehobas witness in a predomonantly roman catholic society
• roncarelli would bail JWs out of jail
• government refused to renew liquor licence as a result
• case went to supreme court
• didnt like JWs but rule of law must apply to all, liquor licence unrelated to JWs
• justice rand: gov action must be rooted in law, and cant apply to stuff outside of it

Question 8

scc: relevancy

Answer 8

• actions that are irrelevant and acting beyond the law would signal that the rol is being disintegrated as a fundamental part of system
• discretion implies good faith in discharging public duty
• abuse of power to punish for an act that is irrelevant to the statute

Question 9

FLQ crisis and the war measures act

Answer 9

• powers of arrest and detention without trial
• take ROL for granted sometimes
• politicians will do as they like
• only way to retain ROL is for citizens to be involved

Question 10

proposed bill of environmental rights

Answer 10

• ECELA proposed
• prosperity linked to healthy environment
• community and human health linked to environment
• create draft bill, may have interested gov
• gets people thinking about i t
• guiding principles: precautionary principle, polluter pays principle, non-regression principle, intergenerational equity principle

Question 11

precautionary principle

Answer 11

introduction of something new whose effects are disputed or unknown should be resisted

Question 12

polluter pays princple

Answer 12

polluter should be responsible for cleanup

Question 13

non regression principle

Answer 13

norms which have already been adopted shouldnt be revised if it goes back on standard of protection

Question 14

intergenerational equity principle

Answer 14

current generation has the responsibility for future generation

Question 15

procedural rights of proposed bill of environmental rights

Answer 15

• act applies to all statutes, regulations, decisions from gov or related to provincial land or undertaking
• automatic standing
• information about environment available on request
• environmental commissioner: reviews and investigates
• environmental review tribunal
• standing to bring an action against government
• SLAPPs: if greenpeace soes enough - launch lawsuit so they make less noise
• will allow people to have better access to justice system