Unit 7

Question 1

Define court of appeal

Answer 1

a court that reviews the decisions of other judicial bodies

Question 2

Define double aspect doctrine

Answer 2

judicial principle that allows the courts to declare a legislative concern under the jurisdiction of both levels of government (creates de facto concurrency)

Question 3

Define Judicial Committee of the Privy Council (JCPC)

Answer 3

committee of advisors from the House of Lords given jurisdiction over all appeals from the British Colonies

Question 4

Define judicial review

Answer 4

procedure by which courts consider laws and executive acts according to whether or not they confirm with the terms of the constitution

Question 5

Define litigation

Answer 5

the initiation of formal judicial proceedings as a result of a legal dispute

Question 6

Define paramountcy

Answer 6

the declaration that the legislative act of one government supersedes that of another

Question 7

Define pith and substance

Answer 7

benchmark for evaluating law - on the surface they are within the jurisdiction of one government but their actual effect is to trespass on the jurisdiction of another

Question 8

Define POGG

Answer 8

peace order and good government clause of the constitution that allows federal Parliament to make laws

Question 9

Define reference

Answer 9

a judicial decision based on a question of legislative jurisdiction referred directly to the Supreme Court by the federal government or to a provincial supreme court by a provincial government

Question 10

Define rule of law

Answer 10

clear statement of the law of government to prevent the arbitrary exercise of power

Question 11

Define stare decisis

Answer 11

“to stand by decided matters”, meaning that decisions of a higher court are automatically binding on lower court and that established legal doctrines of the same court are authoritative and binding

Question 12

Define Supreme Court of Canada (SCC)

Answer 12

Canada’s final court of appeal, created in 1875

Question 13

Define trench

Answer 13

one government’s encroachment upon the jurisdiction of another

Question 14

Define ultra vires

Answer 14

beyond the powers granted by the law

Question 15

Define watertight compartments

Answer 15

narrow interpretation of the BNA Act by the JCPC

Question 16

Why does federalism require judicial review?

Answer 16

powers are divided amongst two levels of government and there must be an arbiter for when laws encroach

Question 17

What landmark decisions were handed down by the JCPC?

Answer 17

1896 - reference case put provinces on equal footing with feds

• Toronto Electric Commissioners put unions under provincial jurisdiction
• Radio Reference put radio under federal jurisdiction

Question 18

What types of proposals have been advanced for Supreme Court reform?

Answer 18

1 - creation of a purely constitutional court
2 - entrenchment of supreme court in constitution
3 - provinces taking on appointment role

Question 19

How did the Meech Lake Accord alter the organization of the Supreme Court and its members?

Answer 19

1 - entrenchment of the charter in the, balance for Quebec

2 - inclusion of the Supreme Court

Question 20

What landmark decisions were handed down by the SCC?

Answer 20

1 - anti inflation reference - federal price controls
2 - secession reference
3 - zellerbach: 4 part national concern test
4 - ontario hydro: federal labour

Question 21

What contrasting views on POGG were expressed by various justices in the Anti Inflation reference?

Answer 21

whether national concern is very narrow, consisting only of what is obviously not in provincial jurisdiction

Question 22

What important issues of public policy have been decided on the basis of Parliament’s power over criminal law?

Answer 22

1 - RJR Macdonald (tobacco advertising)

2 - Hydro Quebec (environmental law is a criminal issue)9