Topic 4

Question 1

Canadian courts are central to

Answer 1

• dispute resolution
  -dispensing justice
  -enforcing contracts
  -answering legal questions
  -enforcing the constitution
  -creating case law
  Setting directions in society toward social control

Question 2

What is the final court of appeal

Answer 2

Supreme Court

Question 3

Administrative boards and tribunals are regulated by

Answer 3

-regulated by statute

Question 4

Administrative boards and tribunals deals with

Answer 4

-disputes outside of the court process
-created by provincial and federal legislation
-adjudication, rule making and standard, setting roles
-deal with both public and private law
- example labour relations board, workers compensation wtc

Question 5

Military court

Answer 5

-deal with violations of the code of service discipline
-consist of
1.various types of military courts and
2.court martial appeal court
Have the same rights, powers and privileges as superior courts
Military judges appointed by minister of national defence

Question 6

What does the court R V Genereuux deal with

Answer 6

Within military courts, drug trafficking, and impartiality of Court Marshall’s

Question 7

Provincial court

Answer 7

The primary entry into Canadas court system

Question 8

90% of court cases settled in..

Answer 8

Provincial court

Question 9

What section of the criminal code deals with fraud,mischief and illegal gambling

Answer 9

Section 533

Question 10

Canadians provinces other than Quebec practice

Answer 10

Common law

Question 11

In Quebec what law is practiced

Answer 11

Civil law

Question 12

Divisions in provincial court

Answer 12

1. Youth division
   2.family division-informal and restorative
   3.civil claims division , contract and tort law
   4.criminal division

Question 13

Judges in the superior court of the provinces appointed by

Answer 13

Federal government

Question 14

What is the highest level of courts in the provinces

Answer 14

Superior court

Question 15

2 divisions in superior courts of the provinces

Answer 15

1. Trial division, indictable offences, larger claims, criminal appeals from lower courts, defamation
2. Appeal division (appeal if fact or law was left out of the decision

Question 16

Indictable offences

Answer 16

Outlined in section 469 of criminal code

Question 17

2 divisions in the federal court of Canada

Answer 17

1. Trial division-responds to civil disputes arising from federal government actions, federal-provincial disputes, intellectual priority disputes, citizenship and immigration, refugee law etc
2. Appeal division-hears appeals from the trial division and the federal administrative boards and tribunals

Question 18

What does the tax court of Canada hear out

Answer 18

Hears appeals from tax assessments by individuals and companies

Question 19

Supreme Court of Canada hears appeals in relation to

Answer 19

Criminal cases from provincial court of appeals and federal court of appeals

Question 20

Supreme Court of Canada can offer legal options o the government TRUE or False

Answer 20

TRUE

Question 21

Supreme Court of Canada can address constitutional matters T or F and what is this called

Answer 21

True; judicial review

Question 22

Supreme Court of Canada

Answer 22

Hear both common law and civil law

Question 23

Is the Supreme Court of Canada bound by legislation and can it also interpret legislation in terms of the constitution of Canada

Answer 23

Yes, and YES

Question 24

Characteristic of Canada court system

Answer 24

1. Adversarial system
   2.high level of formality
   3.open access
   4.jury of peers
   5.reasonable timeliness

Question 25

Alternative dispute resolution and what does it employ

Answer 25

-dispute resolution beyond the traditional, adversarial court system

-it employs negotiation,meditation and conciliation

Question 26

Alternative dispute resolution is conducted by

Answer 26

Non judicial officer

Question 27

Restorative justice and what principles are included

Answer 27

• repair harm by providing opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of the crime
  -principles include recognition,inclusion,accountability, voluntariness and dialogue

Question 28

Supreme Court of Canada consist of

Answer 28

• consist of 8 justices and 1 chief justice
• 3 must be from quebec, 3 come from Ontario, 2 from western provinces and 1 from Atlantic provinces

Question 29

The Supreme Court appointments are made on recommendation

Answer 29

• recommendations by the prime minister

Question 30

The Supreme Court of Canada hears appeals..

Answer 30

Appeals in relation to criminal cases from provincial court of appeals and the federal court of appeal

Question 31

Supreme Court of Canada address…

Answer 31

Constitutional matters and judicial review as well as offer legal opinions to the government

Question 32

Vriend V Alberta

Answer 32

• sexual orientation was not under the Canadian constitution and they got discriminated against brought up to Supreme Court and won

Question 33

Dunmore v ontario

Answer 33

• duty on government in protection of charter of rights, farmers are not allowed to form a workers union

Question 34

Problem with adversarial system

Answer 34

• does not concern itself with restorative justice
• lawyer vs lawyer; well versed lawyer vs new practice lawyer not really justice based but difference in research team would be evident

Question 35

American vs Canadian court system

Answer 35

• America more flashy
• Canada more elitist

Question 36

R V Gladue

Answer 36

• restorative justice case relating to First Nations