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 governments.
Contains Charter of Rights and Freedoms and cannot be ammended by regular Act of Parliament.

Question 2

What are the freedoms guaranteed to Canadians in the Charter of Rights and Freedoms

Answer 2

Freedom of:

a. conscience and religion
b. thought, belief, opinion and expression
c. peaceful assembly
d. association

Question 3

What do Sections 91 and 92 of the Constitution Act provide for?

Answer 3

All legislative power and authority is divided between Canada and the provinces

Question 4

What are Statutes?

Answer 4

Legislation enacted either federally or provincially which becomes law.

Question 5

What statute is specific to engineers in British Columbia and what does it do?

Answer 5

The Engineers and Geoscientists Act and later the Professional Governance Act (PGA). It creates a self-governing, professional body that is reponsible for regulating admission into the engineering profession.

Question 6

What acts/charters enable municipalities to create legislation in British Columbia?

Answer 6

1. Local Government Act
2. Community Charter
3. Vancouver Charter (City of Vancouver only)

Question 7

How are regulations and bylaws different than statutes?

Answer 7

A statute will confer power upon a designated individual or body to create regulations and bylaws that supplement the statute. Providing proper process has been followed, these regulations and bylaws have the same force and effect as the statute.

Question 8

What are the three primary makers of law?

Answer 8

The courts, the legislature, and Parliament

Question 9

What are the two types of Law?

Answer 9

Public Law and Private Law

Question 10

What is Public Law?

Answer 10

Law that sets the rules for the relationship between individuals and society

Question 11

What are the sub-categories of Public Law?

Answer 11

• Criminal Law
• Constitutional Law
• Administrative Law
• Aboriginal Law

Question 12

What is Criminal Law

Answer 12

Law that deals with wrongs against society. Deals with crimes and their punishments

Question 13

What is Constitutional Law

Answer 13

Defines the relationship between branches of government including federal and provincial.
Limits power of government over individuals through rights and freedoms.

Question 14

What is Administrative Law?

Answer 14

Law that deals with the actions and operations of government.
Ensures that government actions are authorized by legislatures and administered fairly, often overseen by administrative agencies.

Includes:

• Building Permits
• Workers Compensation
• Interprovincial Trade

Question 15

What is Indigenous Law?

Answer 15

The area of law related to the Canadian Government’s relationship with its Indigenous peoples.

Question 16

What is Private Law?

Answer 16

Law that sets the rules between individuals (Also called Civil Law).
Includes private law disputes and compensates victims.

Question 17

What are the sub-categories of Private Law?

Answer 17

• Property Law
• Contract Law
• Tort Law

Contract and Tort Law are both covered under Common Law

Question 18

What is Common Law?

Answer 18

Judge made law that forms precedent for future similar cases.
Common Law may be altered by legislation.

Contract Law and Tort Law both fall under Common Law.

Question 19

What is Property Law?

Answer 19

Law that centers on the ownership rights of individuals with regard to tangible or intangible assets.

Question 20

What is Contract Law?

Answer 20

Law regarding the ability of individuals to form and enforce agreements.

Question 21

What is Tort Law?

Answer 21

Law protecting the rights of individuals against infringement by other individuals.

Question 22

What three main principles of Tort Law came out of the Donoghue Case (Snail in ginger beer)?

Answer 22

1. Tort of Negligence, allowing people to recover damages due to careless actions of others
2. Duty of Care
3. ‘Neighbour Principle’ - you must not injure your neighbour

Question 23

What are the types of Torts?

Answer 23

Unintentional

• Negligence
• Failure to Warn
• Nuisance

Intentional

• Battery
• Trespass

Question 24

What are the three essential elements of Negligence?

Answer 24

1. Defendant owed a duty of care
2. Defendant broke duty through action or inaction below standard of care
3. Defendant’s breach caused injury

Question 25

What is Duty of Care?

Answer 25

Taking reasonable care not to harm your neighbour. Neighbour is someone you should have in contemplation when undertaking activity.

Question 26

What is included in Duty to Warn?

Answer 26

If an engineer becomes aware of potential economic loss or threat to public safety, they must warn:

• client/owner
• authorities
• Association

Question 27

What is Joint and Several Liability?

Answer 27

Where two or more people acting in concert are responsible for loss of injury, they are joint and severally liable.

Question 28

What is Nuisance?

Answer 28

A situation that unreasonably interferes with a person’s use or enjoyment of property.

Question 29

What are Limitation Periods and their lengths?

Answer 29

Time limitation on losses

• Two years for personal injury or property damage
• Six years for other losses
• 15 year ultimate limitation period