Unit 1 Review Questions

Question 1

What function do laws serve in a society?

Answer 1

The function that laws serve in society is that they limit the behavior of its citizens. They not only protect us from harm, but they also provide a system for settling disputes. The five functions of law are:

1) establish rules of conduct
2) provide a system of enforcement
3) protect rights and freedoms
4) protect society
5) resolve disputes

Question 2

Describe characteristics of a society where law exists.

Answer 2

In a society where law exists, the characterists of that society would be police services, gasoline at gas stations, food in stores, no natural disasters, healthcare, and people feel safe and at peace.

Question 3

List and explain the three main parts of “rule of law”.

Answer 3

The three main parts to rule of law are:

1) Individuals must accept and recognize that the law is necessary to regulate society.
2) The law applies to everyone equally.
3) No one is society has the authority to exercise unrestricted power to take away rights, except rights removed in accordance with the law.

Question 4

List the six criteria for a law to be considered “just”.

Answer 4

6 criteria for “just” laws:

1) reasonable, fair, and useful
2) Clearly worded, with explanations of terms that may cause confusion
3) made known to those who are expected to follow the laws
4) based on the values and beliefs of a Soceity
5) enforceable
6) not in conflict with other laws

Question 5

Describe two major legal issues from the Death Online documentary.

Answer 5

1) The blatant negligence of authorities when Celia Blay came to them with evidence.
2) The fact that these “suicide sites” are found so easily online and are unmonitored when the police are fully aware of the content on some of these sites.

Question 6

Identify and define the three sources of law.

Answer 6

1) Common Law/Case Law- from previous legal decisions (case law); come from the unwritten laws of England–common to all with a universal application. Lowest source of Canadian law.
2) Statute Law- from elected government representatives. Can override common law/case law.
3) Constitutional Law- originates from the Canadian Constitution. Can override statute and common/case law.

Question 7

Explain why Canadian laws are similar to British laws.

Answer 7

Canadian laws are similar to British laws because common law (three foundational aspects to our laws) originates from Britain. We were once a British colony which is why they have such a large influence.

Question 8

Discuss the importance of procedural law.

Answer 8

Procedural law is important because it is the category of law that defines the methods of enforcing rights and obligations of citizens and the state. It is designed to ensure fairness of process in the legal system by defining the steps in a legal action. Fairness of process is made clear through the Constitution and the Charter of Rights and Freedoms.

Question 9

Describe aspects of Due Process.

Answer 9

Aspects of Due Process are:

• right to habeus corpus
• right to full disclosure of evidence
• right not to incriminate self
• right to presumption of innocence
• right to a speedy trial
• right to privleged communication with counsel

Question 10

What documents divides the responsibility of Federal and Provincial responsibilities and what specific sections cite this?

Answer 10

The document that divides the responsibilities of the federal dn provincial gov’ts is the Constitution in sections 91 (federal), 92 (provincial), and 93 (joint).

Question 11

Explain Constitutional law’s authority over other levels of law.

Answer 11

Constitutional Law’s authority over other levels of laws is that it is at the top of the pyramid. It overrides all other laws, and other laws are interpreted by courts to make sure that they are in line with the Constitution.

Question 12

Outline the two divisions of substantive law and explain their difference.

Answer 12

Two two divisions of substantive law are private law and public law.
Public law: designed to safeguards public interest, for serious offences, jail time.
Private law: private relationships and individual concerns, less serious offences, results in money.

Question 13

Describe the subcategories of Private and public law and indicate which CBC news articles applies to each.

Answer 13

The subcategories of public and private law:
Public: Aboriginal, Administrative, Constitutional, Criminal, Environmental, Tax.
Private: Contract, Family, Labour, Tort, Wills/Estates, Property, Commercial.

Question 14

What penalties apply for violations of either divisions of substantive law?

Answer 14

The penalties that apply to private law would be money.

The penalties that apply to public law would be jail time.

Question 15

Explain the events leading to Quebec being given their own French rights and status.

Answer 15

The events that led to Quebec being given their own French rights and status were that after the French lost territory to th eBritish in the Royal Proclamation Act of 1763 they were forced to live in close quarters with each other. when the Separatists began their revolt against Britain, they needed help from the French and Britain recognized the danger of revolt and offered the French benefits if they choose not o join the Separatists. The Quebec Act of 1774 offered the French the following privledges that stand today:

1) Created Quebec for the French to reside in.
2) Allowed them to have their own religion (Catholicism)
3) Allowed them to have their own land method (strip farming)
4) Allowed them their own law system (French roots-codified-civil law)

Question 16

Describe the three sources of cultural influence at Canada’s beginning.

Answer 16

1) French- codified laws (written laws)
2) English- common law (three foundational aspects to our laws) has now been written as case law (judges decision)
3) Aboriginals- oral traditions (not written laws) made by elected leaders, governed by consensus (majority vote) with the concept of equality

Question 17

Explain how precedent is created and used.

Answer 17

Precedent is created and used when a judge interprets and applies a statute. That decision then sets a precedent. Similar cases must then be interpreted in the same way by all lower courts. Lawyers look for favourable precedents to argue the outcome of their cases.

Question 18

Describe the early stages of Canada’s beginning, including the influence of the Americans.

Answer 18

The Aboriginals resided in North America first. The French came and the British followed. The sEven Years War happened, France lost territory with the Royal Proclamation Act of 1763 and the British assumed a large portion of the decision making in North America. The Separatists tired of Britain’s control and formed the USA. Many who resided in the former Thirteen Colonies (Loyalists) came to Ontario (soon to be) and the Maritimes. They had a large impact on Canada becoming the country that it is with their English roots and American ideas (ideas of responsible and representative government, etc.).

Question 19

Describe the relationship between the Federal government and Aboriginals of Canada and explain how this was established.

Answer 19

The relationship between the federal gov’t of Canada and the Aboriginals is that anything related to Aboriginal identity is the responsibility of the federal gov’t as set out in the Indian Act of 1867. The federal gov’t is obliged to act as a parent to protect Aboriginal concerns and it is the gov’ts responsibility to consider all issues in a manner that best looks after the interests of the Aboriginals, not Canada or the gov’t. This was established through the signing of treaties and the Indian Act of 1867.

Question 20

There are two Constitution Act documents–describe three significant differences between the two.

Answer 20

1) The Constitution of 1982 included Section 24, the Charter of Rights and Freedoms.
2) The Constitution of 1867 was created and kept in Britain. It was a British document, not a Canadian document as the Constitution of 1982 is.
3) The Constitution of 1982 no longer had the Queen as a decision maker (Canada was truly independant) and could amend the Constitution without the Queen’s permission.

Question 21

John Diefenbaker and Pierre Trudeau both tried to create more equalit and “just” ness in Canada–why was one more successful than the other?

Answer 21

Pierre Trudeau’s goal to create a jsut society was more successful than John Diefenbaker’s because Diefenbaker’s Canadian Bill of Human Rights was added as Statute Law meaning that is was created in Parliament so it could easily be removed by the next majority vote. The Charter that Pierre Trudeau created was entrenched, so it could not be removed by even the majority vote of parliamentary leaders.

Question 22

Quebec Separatism and Aboriginal issues are constant conflicts that continue in Canada–explain how the British are responsible for this.

Answer 22

The British are responsible for issues pertaining to Quebec Separatism and Aoriginals because the Quebecois wanted to be separate because they felt that their voices were not being heard in the Britishmajority–goes back to the Seven Years War. When the Aboriginals signed the treaties and the Indian Act, the problems that they had already been suffering from (loss of land and authority) were only amplified. Their rights and voices were not included in the Constitution of 1867. The British ethnocentric attitude contributed to both issues.

Question 23

What steps occured bewtween the creation of Canada as a Dominion to Canada as an independent, sovereign country?

Answer 23

1) The British North American Act (1867)/The Constitution Act (1867)
- This act created the Domionof Canad a(4 provinces) and set out the powers of the federal and provincial gov’ts. This was a British documents, kept in Britian, and they had control over any changes to it. Britain still controlled Canada’s foreign affairs.
2) The Statute of Westminster
- This document gave Canada the freedom to make their own foreign affairs decisions. This granted Canada their independence as their own nation, no longer a British colony. Some decision making was still controlled by Britain.
3) The Constitution Act (1982)
- Britain allowed Canada its own Constitution created and kept in Canada. This made Canada a truly independent country–process of transfer called Patriation. It included S. 24, the Charter of Rights and Freedoms.
4) Third Level of Gov’t Added
- The provinces created a third level of gov’t–municipalities–which control activities of local communities by passing bylaws (curfews, building permits, etc.).

Question 24

What are some of the responsibilities of both Federal and Provincial governments?

Answer 24

Federal Responsibilities:
-create peace, order, good government
-criminal law
-unemployment insurance
-banking, currency, coinage
-federal penitentiaries
-marriage and divorce
-postal services
-aboriginal peoples/their land
Provincial Responsibilities:
-propert and civil rights
-marriage ceremonies
-police forces and provincial courts
-highway and roads
-provincial jails
-hospitals

Question 25

What was significant about the Qeen signing the Constitution Act document in Canada and why was Quebec not present for it?

Answer 25

What was significant about the Queen signing the Constitution act was that it patriated the Constitution and the Queen was no longer a decision maker. Canada was truly independent. What was significant about Quebec not signing the Constitution was that it led to another separatist vote in 1995. They did not agree with the terms of the Constitution (as they did not get as much control as the wanted) and fought it.

Question 26

How has the Charter of Rights and Freedoms changed Canadian Law?

Answer 26

The Charter or Rights and Freedoms has changed Canadian slaw by making it a more equal, jsut, and fair place. Those accuse do crimes are guaranteed certain rights. This prevents thing such as cruel and unusual punishment from taking place. There are rules in place to limit the power of authority figures (the federal gov’t, the provincial gov’t) to make sure that there is no abuse of power and that no one is being manipulated.

Question 27

Describe four examples of discrimination against minorities by Canada prior to 1982.

Answer 27

1) 1884- Indian Act outlaws religious ceremonies
2) 1914- Ukranian/German Canadians interned during the War
3) 1928- Alberta gov’t passes law ordering sterilization of patients in psychiatric hospitals
4) 1942- War Measres Act- Japanese Canadians are moved to internment camps in central Canada; their property sold/removed

Question 28

Trudeau wanted to create a “just” society–explain this.

Answer 28

What is meant by Trudeau wanting to create a “just” society is that e wanted to create a place where all people were protected. He wanted a place where all people were treated fairly and equally. A country with no discrimination, and no tolerance of discrimination, was his goal.

Question 29

Describe when the Reasonable Limits Clause may be used and give an example.

Answer 29

The Reasonable Limits Clause may be used when a judge feels that a certain part of the Charter or Constitution is limiting in some way. this clause allows judges to determine whether the application of these laws is reasonable in a particular situation or whether it is limiting. The also have to question whether the law being questioned is justifiable in a free and democratic society.
Example: The mobility rights of Canadians are entrenched in the Charter. However, a prisoner in a Federal penitentiary could say his Charter rights of mobility are not being allowed. According to the reasonable limits clause, the gov’t does have the right to restrict to mobility of a prisoner and it is also proven justified in a free and democratic society.

Question 30

Why was the Notwithstanding Clause included in the Charter and who does it protect?

Answer 30

The Notwithstanding Clause was included in the Constitution to allow the provinces to “opt out” of provisions made by the Charter, only in areas of legislation that apply to provincial matters. This clause protects the provinces from the judiciary (Supreme Court) having the power to override even the parliamentary gov’t as there was concern when accepting the Charter that it would override all laws and give the judiciary too much power to interpret the laws. A province may create a law that exist “in spite” of the Charter. This law may exist regardless of its Charter violation for as long as five years.

Question 31

What was Quebec’s involvement in negotiating the Charter and agreeing to it?

Answer 31

Quebec Premier was especially slow to reach an agreement of his provinces formal inclusion into Canada. Quebec did not end up accepting the Charter and used the notwithstanding clause right away to protect them from the obligations of the Charter.

Question 32

R.v. Oakes is one of the most cited Charter cases–why is it so significant?

Answer 32

R.v. Oakes is so significant because of the fact that it not only changed the Narcotics Act so that possession didn’t also prove trafficking, but it also made it that the burden of proof rested on the prosecution and strengthened the idea of innocent until proven guilty.

Question 33

List the four fundamental freedoms and give one example of when they may be infringed upon legally.

Answer 33

1) Freedom of conscience and religion
- free to practice any religion or aspect of religion
2) Freedom of thought, belief, opinion, and expression
- we can express ourselves–within limits
- Reasonable restrictions:
1. Cannot target groups based on religion, race, etc.
2. Illegal to spread hate
3. Obscene images are prohibited
3) Freedom of peaceful assembly
- peacefully demonstrate or petition
- police can charge you with “unlawful assembly” or “rioting”.
4) Freedom of association
- right to join together in groups (Union)
- restrictions can be made to prevent gangs

Question 34

What restrictions exist in voting rights in Canada?

Answer 34

The restrictions that exist in voting rights in Canada is that you have to be over the age of 18.

Question 35

Describe four aspects of legal rights that protect an accused from prosecution abuses.

Answer 35

1) Search and seizure laws
- security against unreasonable search and seizure
- police have to justify taking evidence/must act fairly
2) Detention and arrest
- right not to be arbitrarily detained/imprisoned
- right to be promptly informed for reason of arrest
- right to a lawyer
3) Cruel and unusual punishment
- determine penalty limits (maximum/minimum)
4) Life, liberty, and security of person
- crown is required to tell the accused what evidence they have against them
- right to be informed to defend yourself

Question 36

Who has the burden of proof in a criminal case, prosecution or defense, and how is the is protected?

Answer 36

The proescution has the burden of proof in a criminal case. This is protected by the accused’s right to presumption of innocence which is entrenched in the Charter in the Constitution Act of 1982 which falls under procedural law in the due processes.