Unit 1 - Legal Foundations Pt. 4

Question 1

Principle of Equalization

Answer 1

Section 36 of the Charter - tax money equally distributed to finance public services.

Question 2

Consecutive Sentences

Answer 2

Served one after the other.

Question 3

Concurrent Sentences

Answer 3

Merge sentences together.

Question 4

Magna Carta

Answer 4

Established RULE OF LAW: Requiring King John of England to be held accountable under the law so her wouldn’t abuse his power seizing other properties… SET A PRECEDENT under the British Commonwealth.

Question 5

Glorious Revolution

Answer 5

Got rid of King James II bc English refused to be led by an absolute ruler.
CONSTITUTIONAL»>TRADITIONAL MONARCHY

Question 6

3 Mechanisms Supporting the Rule of Law

Answer 6

• Judicial Independence: No external influence
• Judicial Impartiality: No bias
• Judicial Accountability: ex. mistake –> appeal

Question 7

Wiretapping Phones

Answer 7

Supreme Court struck down a law that allows police to tap phones w/out a warrant. Asked Parliament to rewrite wiretap legislation.

Question 8

Privacy & Disclosure Obligation

Answer 8

Bc of the Charter, there is more protection for privacy + more disclose between the Crown & Defence.

Question 9

Women’s Reproductive Rights

Answer 9

Mortentaler Case - 1988: Supreme Court ruled that the Criminal Code sections on abortions was constitutional. No legislation for abortions BUT STILL LEGAL.

Question 10

Linguistic Rights for Francophones outside Quebec

Answer 10

Charter gave access to French schools, school board, + hospitals = generation called “ Section 23 kids.”

Question 11

Strengthened Indigenous Rights

Answer 11

Charter imposed gov. duty to consult Indigenous Peoples when gov changes affect them.
BUT PARTICIPATION ≠ VETO

Question 12

Sparrow Decision - 1990

Answer 12

Supreme Court affirmed certain historic rights as a part of an ongoing judiciary obligation.

Question 13

Judicial Activism

Answer 13

• Charter “amounts to a significant transfer of policy making to the courts,” especially in an area described as “mortality issues”
• Canadian legislatures do not have less power than before the Charter
  –> Wide-ranging authority +
  “notwithstanding clause”

Question 14

How does the rule of law protect our liberty?

Answer 14

• Protects citizens from authorities abusing their power.
• Protecting citizens from positions imposing unjust legislation = liberty is secured.

Question 15

Describe how s. 1 both guarantees and limits Charter rights.

Answer 15

• Justifying infringement is mentioned in s. 1 of the Charter = constitutionally guaranteeing rights
• Section 1: “reasonable limits clause”
  - can be used to limit an individual’s rights bc
  Charter rights aren’t absolute.

Question 16

What happens if the government cannot show that a Charter infringement is justified (i.e. it does not satisfy the elements of the s. 1 analysis)?

Answer 16

They cannot limit the individual’s rights. Section 1 of the Charter guarantees the rights of an individual and is responsible for limiting those rights based on certain criteria, therefore, without sufficient justification the government cannot infringe rights from the Charter.

Question 17

If a law is declared to have no force or effect, can Parliament or the legislature do anything about it?

Answer 17

Parliament can pass a constitutional amendment. This way they will be changing the constitution so that the law can be in effect.