Up to quiz 1

Question 1

Define Law

Answer 1

A binding custom or practice of a community that
establishes a rule of conduct or action, usually
prescribed or recognized by a controlling
authority

Question 2

What are the two categories “sources” of law?

Answer 2

• Statute Law

- Common Law

Question 3

What are the categories of canadian law based on

Answer 3

how is was created

Question 4

Explain statute Law

Answer 4

-passed by federal parliament or provincial legislature

Question 5

What does the constitution do with regards to the government?

Answer 5

• the authority to pass laws

- puts limitations on that authority

Question 6

Explain Common Law

Answer 6

• rules established by courts decisions

- evolves over time

Question 7

True or false: common law is a tradition inherited from france when canada was created.

Answer 7

no lol, it was from britain

Question 8

What principle is common law based on?

Answer 8

stare decisis “let the decision stand”

Question 9

What is the purpose of common law

Answer 9

to fill the cracks between the laws established by democratic governments

Question 10

True or False: Parliament and legislatures can override common law by passing new legislation

Answer 10

True

Question 11

True or False: Parliament and legislatures cannot “codify” and add details to existing common law rules

Answer 11

False, they can

Question 12

What is common and statute law always subject to?

Answer 12

Constitutional limits as interpreted by the courts

Question 13

What type of law is environmental law

Answer 13

A mix of statute and common law (historically more from common law)

Question 14

Give an example of statutory laws relevant to environmental issues

Answer 14

Any of these work:
 Environmental assessment
 Natural resource extraction
 Management of toxic
substances
 Protection of endangered
species and spaces

Question 15

Give an example of common laws relevant to environmental issues

Answer 15

\:Any of these would work (note that these are also affected by statutes):
 Nuisance
 Negligence
 Trespass
 Riparian and water rights

Question 16

What is legal pluralism in canada

Answer 16

It describes the multiple overlapping legal systems

• Common law
• Civil law (in quebec)
• indigenous laws and legal traditions

Question 17

True or false: territories have no constitutional power

Answer 17

True, they get their power from the federal government

Question 18

True or False: municipalities get their power from the federal government

Answer 18

False, They get their power from the provincial government

Question 19

Where is the power of the federal and provincial governments established

Answer 19

The constitution

Question 20

Give the basic steps of a statute (federal) being made

Answer 20

1. Cabinet stage
   - Law is introduced in refined by cabinet
2. Parliamentary Stage
   - House and Senate readings
3. Coming into force stage

Question 21

What are regulations

Answer 21

Subordinate legislation, made using authority established in a
statute

Question 22

Who has the power to make regulations

Answer 22

s usually delegated to Cabinet or a

specific Minister

Question 23

What is the purpose of regulations

Answer 23

Provides fine-grained details to enable the broader scheme

established in the statute

Question 24

True of False: Regulations are easier to change, so can be more responsive to the
government’s changing needs

Answer 24

True

Question 25

True or False: Regulations are always subject to their enabling statutes

Answer 25

True

Question 26

What level of government are by-laws

Answer 26

Municipal legislation

Question 27

What are by-laws subject to

Answer 27

their enabling statute (like the local government act)

Question 28

What is the purpose of the courts

Answer 28

- statutory interpretation - Conflict resolution (compensation, conciliations, punishment) - oversight of admin tribunals

Question 29

What type of courts are the lowest

Answer 29

Tribunals

Question 30

What is the second highest level of court

Answer 30

courts of appeal

Question 31

What is the highest court in canada

Answer 31

The supreme court

Question 32

What is a higher level court: the supreme court of BC or the court of appeal for BC

Answer 32

The appeal court

Question 33

Does the federal or provincial government appoint people to the provincial court

Answer 33

the provincial government

Question 34

What type of environmental issues are heard at the provincial court level

Answer 34

regulatory offences

Question 35

What level of court are the initial trial level for environmental prosecutions

Answer 35

Provincial court

Question 36

True or false: the provincial court can hear cases involving both the provincial and federal laws

Answer 36

true

Question 37

In civil claims cases what is the maximum dollar value handled by the provincial courts

Answer 37

$35,000

Question 38

Who pays provincial judges

Answer 38

federal goverment

Question 39

How many people are usually sitting as a panel in the BC court of appeal

Answer 39

3

Question 40

What is the job of the BC court of appeal

Answer 40

to hear appeals from decisions of the BC supreme court

Question 41

What does the supreme court of canada consist of

Answer 41

a chief justice and eight other judges

Question 42

What is the minimum number of judges appointed to the supreme court that need to be from quebec

Answer 42

3

Question 43

What is the purpose of the supreme court of canada

Answer 43

- final appeal from all courts | - jurisdiction over disputes in all areas of the law

Question 44

What must be done before a case can go the the supreme court of canada

Answer 44

it must have used up all available appeals at other levels of court

Question 45

What does "leave" mean in the supreme court

Answer 45

grant permission

Question 46

when is a leave granted by the court

Answer 46

- public importance - raises key issues of law - otherwise significant

Question 47

What usually must happen before the supreme court hears a case

Answer 47

the court must grant permission "leave" for the appeal

Question 48

Explain admin tribunals

Answer 48

- for disputes dealt with out side the court system | - shorter appointment procedures

Question 49

What is good about tribunals

Answer 49

```  Less formal procedures = more public friendly, less costly  Greater expertise and technical knowledge, especially valuable for difficult factual issues ```

Question 50

What are the two types of tribunals

Answer 50

- Quasi-judicial tribunals - advisory tribunals - administration tribunals

Question 51

What are quasi-judicial tribunals

Answer 51

tribunals that make | legally binding decisions

Question 52

What are advisory tribunals

Answer 52

make recommendations only

Question 53

What does public law deal with

Answer 53

matters that concern the public

Question 54

What is private (civil) law concerned with

Answer 54

matters that arise between individuals

Question 55

What is the standard of proof in civil law cases

Answer 55

"on the balance of probabilities" (> 50% likelihood)

Question 56

What is the standard of proof for criminal law

Answer 56

beyond a reasonable doubt

Question 57

What does cause of action mean in common law

Answer 57

a set of circumstances recognized by | the courts as warranting a remedy

Question 58

What is a remedy in common law

Answer 58

what the court will order | if you are a successful litigant

Question 59

What is a standing in common law

Answer 59

who can bring a legal | action?

Question 60

What are the two documents that make up canada's constitution

Answer 60

- the constitution act (1867) - The constitution act (1982) *the later is when it was passed in Canada

Question 61

What is the British North America Act

Answer 61

 1867: Canada was founded, and the first Constitution Act was passed by the British Parliament (then called the British North America Act, 1867)

Question 62

What is section 91 of the 1867 constitution

Answer 62

powers of the federal Parliament

Question 63

What are sections 92 and 92A of the 1967 constitution

Answer 63

powers of the provincial | legislatures

Question 64

What are sections 1-34 of the constitution act 1982

Answer 64

Canadian Charter of Rights and Freedoms

Question 65

What is section 35 of the constitution act

Answer 65

Aboriginal rights

Question 66

What does it mean when a law is declared "no force or effect"

Answer 66

It is unconstitutional

Question 67

What is Co-operative Federalism

Answer 67

Federal and Provincial governments work together to delegate and share powers

Question 68

True or False: Environmental Jurisdiction Not specifically allocated in the Constitution Act, 1867 & 1982

Answer 68

True

Question 69

What are aboriginal rights derived from

Answer 69

from aboriginal laws, | governance, practices, customs and traditions

Question 70

True or false: aboriginal law is part of canadian common law

Answer 70

True

Question 71

What formed the basis for the negotiation of treaties across canada

Answer 71

Royal proclamation of 1763 - Recognized aboriginal rights - Said land could only be transferred

Question 72

What are treaties

Answer 72

- exchange of inherent aboriginal rights and title for specific rights - give up land for reserves and federal funding

Question 73

Were treaty obligations honoured by the government

Answer 73

Many were not

Question 74

True or false: almost all first nation leaders making these treaties spoke and read english

Answer 74

they did not | -the agreement could have been different and the first nations people would not have known

Question 75

Define Aboriginal right

Answer 75

An element of a practice, custom or tradition that is integral to the distinctive culture of the aboriginal group claiming the right

Question 76

What does integral mean with regards to aboriginal law?

Answer 76

integral means of central | significance to the aboriginal society

Question 77

What does distinctive mean with regards to aboriginal law

Answer 77

- it helped define the aboriginal society at time of contract - practice is part of communities identity

Question 78

True or False: Distinctive =/= Distinct in aboriginal law

Answer 78

distinct, which would | mean that the community claiming the right is the only community engaging in the activity

Question 79

What does continuity mean with regards to aboriginal law

Answer 79

-Requires evidence of the practice before | European contact

Question 80

True or false: continuity requires the exercise of a right is the same as it was historically (frozen in time)

Answer 80

False, can use guns instead of arrows

Question 81

Who has the onus to demonstrate infringement with regards to aboriginal law

Answer 81

First Nations community

Question 82

Who has the onus to prove extinguishment

Answer 82

the crown

Question 83

Who has the onus to prove demonstrate justification with regard to aboriginal law

Answer 83

the Crown to demonstrate that the infringement is justified

Question 84

True or False: The government must treat all parties equal with regards to the allocation of resources

Answer 84

False, the government must give priority to aboriginal rights in allocation of resources

Question 85

What is aboriginal title

Answer 85

- aboriginal right relating to land | - test to meet is exclusive occupation

Question 86

What are the three criteria for aboriginal title

Answer 86

- occupation - exclusivity - continuity since before the assertion of crown sovereignty

Question 87

True or false: aboriginal title is inalienable

Answer 87

True, can’t be transferred, sold or surrendered (except to the Crown by treaty)

Question 88

Is extinguishment possible after 1982

Answer 88

no, idk why

Question 89

True or False: Each aboriginal community is required to assert and prove its own rights and title

Answer 89

true

Question 90

True or false: In order to prove these rights there must be a “live” legal action in which to make a claim and bring evidence

Answer 90

true

Question 91

What are the two common scenarios for right and title claims to come before the courts

Answer 91

- infringement allegation | - Prosecution

Question 92

If title is established, what rights does it confer

Answer 92

- land use decision-making - enjoyment/occupancy - possession - economic benefits of the land - proactive use/management - government/others need consent to use land

Question 93

Does the forest act apply to aboriginal title

Answer 93

yes

Question 94

What did the case of Haida v. BC Minister of Forests decide

Answer 94

- gov has constitutional duty to consult/accommodate first nations - First Nations have a duty to participate in consultation process