The Canadian Legal System, the Canadian Constitution and the Charter of Rights

Question 1

Describe two levels of government in Canada and explain their relationship to the constitution. Be able to give examples of these constitutionally enacted exclusive law-making powers.

Answer 1

Federal - 
Parliament
HofC
Senate
National needs
Section 91
o	Ex. Immigration, postal, defense

Provincial
Legislature
Provincial Needs
Section 92.
o Total Control – Bylaw – Municipal Government (District or City)
o Ex. Health care, transportation, taxes, traffic, education

Question 2

What are three branches of government and what are their functions?

Answer 2

Executive
- Implement Laws
Legislative
-Make Laws
Judicial
-Enforce Laws

Question 3

What is Substantive Law

Answer 3

Set up our rights, obligations, duties, and liabilities (R.O.D.)
- Laws on what to do and what not to do

Question 4

What is Procedural Law

Answer 4

Laws that enforce substantive law.

• Gives direction on how things are to be done
• Arbitrary and Authoritarian

Question 5

What is Public Law

Answer 5

Area of law relating to or regulating the relationship between persons and government.
ex. constitutional law, criminal law

Question 6

What is Public Law

Answer 6

Area of law concern dealings between persons.

ex. contracts, torts, property law

Question 7

What is the common law system of law? Where did it originate?

Answer 7

Judge made Law. In deciding case, judge must follow the Rule of Precedent.
originated in England

Question 8

What is civil system of law? Where did it Originate? Where is it in Effect in Canada?

Answer 8

General Law is codified. Refer to the code when making a judgment - do not need to follow decision of previous judges.
Originated in Europe

Question 9

What is Precedent?

Answer 9

An earlier case used to resolve a current case because of its similarities

Question 10

Name some of the rights the charter protects

Answer 10

Legal Rights
Equality Rights
Democratic Rights
Guarantee of Rights and Freedom

Question 11

Standard Proof In Criminal and Civil Cases

Answer 11

Criminal - Beyond a Reasonable Doubt
- each element of an offense must be PROVED by the crown based on evidence

Civil - Balance of Probabilities
- More than 50% likely that the plaintiff’s version is of events are true