The Canadian Legal System: Regulation of the Nursing Profession

Question 1

Who is Tommy Douglas?

Answer 1

A Scottish Canadian politician who served as Premier of Saskatchewan from 1944 to 1961 and Leader of the New Democratic Party from 1961 to 1971. A Baptist minister, he became the Premier of Saskatchewan. His cabinet was the first democratic socialist government in North America and it introduced the continent’s first single-payer, universal health care program.

Question 2

English Common Law

Answer 2

Common law is the basis of the Canadian legal system (except for Quebec).

Common law is not written down or codified.

Common law is guided by precedent (case law).

Common law is adopted through legislative process and regulation.

Common law describes a system based on rules, principles, and doctrine developed by English judges over time that was meant to be applicable to all people in England.

Question 3

Provincial Law VS Federal Law

Answer 3

Canadian Provincial Law: each province and territory is considered a separate jurisdiction

Canadian Federal Law: narrower subject matter than superior courts in provincial jurisdiction.

Question 4

Primary Sources VS Secondary Sources of the Common Law

Answer 4

Primary sources

• Case law: a collection or body of judges’ decisions rendered over centuries of judicial consideration and refinement
• Statute law: formal rules passed by legislation

Secondary source
- Doctrine: found in textbooks and journals written by legal scholars and experts. These carry more weight in civil law systems than common law systems

Question 5

Acts Used in Canadian Clinical Cases

Answer 5

• Criminal Code
• Mental Health Act
• Child and Family Services Act
• Occupational Health and Safety Act
• Public Health Act
• Consent to Treatment Act
• Substitute Decisions Act

Question 6

The Legislative Process

Answer 6

The power to pass legislation (make law) rests with Parliament at the federal level and the legislative assembly at the provincial or territorial level.

These statutes or acts can confirm, alter, limit, or rescind common law.

If sufficient political will exists, legislation can pass more swiftly than the courts can change law.

Question 7

Tort Law

Answer 7

A tort is a civil wrong committed by one person against another, such as causing that other some injury or damage (either to person or property).

The person wronged can bring a lawsuit against the offending party for damages.

This area of law has great significance for nurses.

Question 8

Process of a Lawsuit

Answer 8

1. Statement of claim
2. Statement of defence
3. Disclosure of evidence
   i. Documentary discovery
   ii. Examination for discovery
4. Pretrial conference
5. Trial
6. Enforcing judgement

Question 9

What does the Criminal Code of Canada achieve?

Answer 9

Lists criminal offences

Outlines procedures governing arrests, laying of charges, release on bail, preliminary hearings, trials, and sentencing.

Contains provisions dealing with appeals.

Question 10

What are the three classes of criminal offences?

Answer 10

1. Indictable offences
2. Summary conviction offences
3. Dual procedure (or hybrid) offences

Question 11

What is the constitution?

Answer 11

It is a fundamental requirement of any democracy that its government and institutions be subject to a higher law.

A constitution is a set of supreme laws that define and regulate the various branches of government, their powers, and restrictions on those powers

Canada’s Constitution includes a charter of rights and freedoms.

Question 12

The Charter of Rights and Freedoms

Answer 12

It sets forth the basic legal and democratic rights of Canadians.

These rights cannot be infringed upon by the government unless it has a justifiable reason.

Any law that breaches the Constitution or a person’s rights is illegal and invalid

Question 13

Canadian Fundamental Rights

Answer 13

Freedom of religion and conscience

Freedom of thought and expression

Freedom of the press

Freedom of peaceful assembly

Freedom of association

Question 14

Canadian Democratic Rights

Answer 14

The right to vote

The provision that no Parliament or provincial legislature may continue for more than five years from the date of the last election

The requirement that Parliament or a legislature must sit at least once every 12 months

Question 15

Canadian Mobility Rights

Answer 15

Canadian citizens have the right to enter, remain in, and leave Canada.

Canadian citizens have the right to move and to take up residence in any province to pursue a livelihood.

Question 16

Canadian Legal Rights

Answer 16

The right to life, liberty, and security of the person

The right to be secure against unreasonable search and seizure

The right not to be arbitrarily detained or imprisoned

The right to be informed of the reasons for an arrest

Question 17

Canadian Equality Rights

Answer 17

	race
	sex
	national or ethnic origin
	colour
	religion
	age
	mental or physical disability
	sexual orientation

Question 18

Canadian Language Rights

Answer 18

The Charter states that French and English are the official languages of Canada, and contains minority language education rights.

Question 19

Notwithstanding Clause

Answer 19

It is possible for Parliament or another legislature to override the Charter by invoking the notwithstanding clause.

The clause provides that a law contravening the Charter may apply for up to five years.

The clause includes a five-year limit to ensure that rights are not permanently violated.

The clause expires after five years, unless invoked again.

Question 20

Regulation of the Nursing Profession (CNO)

Answer 20

An Introduction to the Nursing Act, 1991

Regulated Health Professions Act, 1991

CNO Title Protection, Categories of Registration and Classes, Entry-to-Practice Requirements