1
Q
What is the Canadian legal system?
A
The machinery that comprises and regulates the legislative, executive, and judicial branches of government
2
Q
What governs the Canadian legal system?
A
Constitutional law
3
Q
What are the three branches of the Canadian government?
A
- Legislative branch
- Executive branch
- Judicial branch
4
Q
What is the role of the legislative branch?
A
Creates law in the form of statutes and regulations
5
Q
What is the primary function of the executive branch?
A
Formulates and implements government policy and law
6
Q
What does the judicial branch do?
A
Adjudicates on disputes
7
Q
What is the definition of government policy?
A
The central ideas or principles that guide government in its work, including the kinds of laws it passes
8
Q
What is constitutional law?
A
The supreme law of Canada that constrains and controls how the branches of government exercise power
9
Q
What political philosophy underlies constitutional law?
A
Liberalism
10
Q
What does liberalism emphasize?
A
Individual freedom as its key organizing value
11
Q
How does the legislative branch impact business operations?
A
Passes laws that impact business operations, and failure to comply can result in penalties
12
Q
What is a consequence of ignorance of the law for businesses?
A
Businesses lose out on opportunities to influence government policy
13
Q
What is the role of the executive in relation to business?
A
Implements and generates policy that may be directed at business
14
Q
What is precedent in the judicial context?
A
A ruling that impacts future disputes
15
Q
What documents comprise the Canadian Constitution?
A
- Constitution Act, 1867
- Charter of Rights and Freedoms
- Relevant judicial decisions
16
Q
What is a constitutional convention?
A
Important rules that aren’t enforceable by a court of law but that determine how a given power is exercised by government
17
Q
What does the Constitution Act, 1867 divide?
A
Legislative power between the federal and provincial governments
18
Q
What are the three levels of government in Canada?
A
- Federal government
- Provincial government
- Municipal government
19
Q
What is statute law?
A
Formal, written laws created or enacted by the legislative branch of government
20
Q
What is the jurisdiction of the federal government according to Section 91?
A
- Interprovincial/international trade and commerce
- Postal service
- Navigation and shipping
- Criminal law
- National defence
- Banking
21
Q
What jurisdiction does the provincial government have under Section 92?
A
- Hospitals
- Property and civil rights
- Administration of justice
- Local matters
22
Q
What are the powers of municipal governments?
A
Law-making authority delegated by provincial governments for local matters
23
Q
What is exclusive jurisdiction?
A
Jurisdiction that one level of government holds entirely on its own
24
Q
What is concurrent jurisdiction?
A
Jurisdiction that is shared between levels of government
25
What is paramountcy?
A doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws
26
What is the significance of the Canadian Environmental Protection Act (CEPA)?
Seeks to prevent pollution and protect the environment, with severe penalties for violations
27
What is the formal function of the executive branch?
Ceremonial features of government, including the King and representatives
28
What is the political function of the executive branch?
Responsible for day-to-day operations and formulating government policy
29
What role does the prime minister play in the executive branch?
Chief executive responsible for executing government policy
30
What is the legislative assembly in a province?
The law-making body of the provincial government
31
Fill in the blank: The _______ is the supreme law of Canada.
Constitution
32
True or False: Municipal governments have constitutionally recognized powers.
False
33
What is the political executive responsible for?
Day-to-day operations, formulating and executing government policy, and administering all departments of government
## Footnote
Includes the chief executive, cabinet, civil servants, agencies, commissions, and tribunals.
34
Who is the chief executive of the provincial government?
Premier
## Footnote
The prime minister serves as the chief executive at the federal level.
35
What is the cabinet composed of?
All ministers heading government departments, the prime minister or premier
## Footnote
It has a significant law-making function.
36
What are regulations?
Rules created by the political executive that have the force of law
## Footnote
They provide details to what a statute has enacted.
37
What formal name is given when cabinet enacts regulations provincially?
Lieutenant governor in council
## Footnote
Federally, it is known as governor general in council.
38
What is subordinate legislation?
A form of legislation that can be passed only if power is accorded by the statute in question
## Footnote
Regulations are considered subordinate legislation.
39
What was standardized by the 2019 regulations pursuant to the Tobacco and Vaping Products Act?
The look of tobacco products, including packaging background color, text display, and package size and shape
## Footnote
The goal was to reduce the appeal of tobacco products, especially to young people.
40
What is the judiciary?
A branch of government independent from the legislative and executive branches
## Footnote
It is composed of judges appointed by federal and provincial governments.
41
What types of disputes do judges adjudicate?
Divorce, custody, civil disputes, breach of contract, car accidents, wrongful dismissal, commercial disputes
## Footnote
Judges also preside over criminal proceedings.
42
What are the three basic levels of courts in each provincial and territorial system?
* Trial
* Intermediate appeal
* Final appeal
## Footnote
Variations may exist from province to province.
43
What are inferior courts?
Courts with judges appointed by the provincial government, limited financial jurisdiction, and organized by type of case
## Footnote
Types include criminal, family, and civil courts.
44
What is a small claims court?
A court that deals with claims up to a specified amount
## Footnote
Amount limits vary by province.
45
Who appoints judges in superior courts?
The federal government
## Footnote
Superior courts have unlimited financial jurisdiction.
46
What is the role of the Supreme Court of Canada?
To hear appeals from provincial courts of appeal, requiring permission for cases of national concern
## Footnote
It is the final court for appeals in the country.
47
What is the Canadian Charter of Rights and Freedoms?
A guarantee of specific rights and freedoms enshrined in the Constitution and enforceable by the judiciary
## Footnote
Created in 1982 as part of the Constitution Act.
48
What rights are included in the Canadian Charter of Rights and Freedoms?
* Right to life, liberty, and security of the person
* Right to freedom of expression and religion
* Right to a fair and speedy trial
* Equality rights
* Right to vote
* Fundamental freedoms
## Footnote
Sections 2 and 15 are particularly important for business.
49
What is the significance of Section 1 of the Charter?
It allows the government to restrict Charter rights if it can justify the infringement reasonably
## Footnote
The government must demonstrate that the restriction is appropriate.
50
What does Section 33 of the Charter allow?
The government to enact legislation that breaches many Charter rights
## Footnote
This power is rarely used due to political consequences.
51
What was the purpose of Nova Scotia's vape restriction laws enacted in 2020?
To reduce vaping among young people
## Footnote
The laws included banning the sale of flavored vape juices and raising taxes.
52
What does common law refer to?
The body or collection of judge-made law as recorded in judgments
## Footnote
It includes precedents used to resolve legal conflicts.
53
What is a precedent?
An earlier case used to resolve a current case because of its similarity
## Footnote
Key principle: 'like cases should be treated alike.'
54
What is the main goal of applying precedent?
To advance certainty and predictability in the law
## Footnote
Lower courts must follow applicable decisions of higher courts.
55
What is equity in legal terms?
Rules that focus on what would be fair given the specific circumstances of a case
## Footnote
It provides unique remedies like rectification, quantum meruit, rescission, specific performance, and injunction.
56
What does the 'clean hands' rule refer to?
The principle that a court shouldn’t assist a plaintiff who has behaved improperly
## Footnote
It can affect the outcome of equitable claims.
57
What are the two main sources of law in Canada?
* Statute law
* Judge-made law (common law)
## Footnote
Judges must apply relevant legislation even if it reverses common law.
58
What is the 'clean hands' rule?
A legal principle that prevents a party from seeking equitable relief if they have acted unethically in relation to the subject of their claim.
59
What significant change occurred in the court systems of Canada and England?
There is no longer a distinction between common law and equitable courts; they have been merged into one system.
60
What is the primary function of judges in the modern court system?
To apply both common law and equitable rules when making decisions.
61
What must judges apply when making decisions?
Relevant legislation enacted by three levels of government.
62
What is the exception to the application of legislation by judges?
If the legislation violates the constitutionality or Charter provisions.
63
What is the priority of statute law compared to common law?
Statute law trumps or has priority over common law.
64
How can courts influence common law regarding statutes?
Courts can make common law about statutes and how to interpret them.
65
What are the two main classifications of law?
Domestic Law and International Law.
66
What does Domestic Law encompass?
The internal law of a given country, including both statute and common law.
67
What is the primary focus of International Law?
Governance of relations between states and international entities.
68
What is Substantive Law?
Law that defines rights, duties, and liabilities.
69
What is Procedural Law?
Law governing the procedure to enforce rights, duties, and liabilities.
70
What is Public Law?
Law that regulates the relationship between persons and government.
71
What types of law fall under Public Law?
* Criminal law
* Tax law
* Constitutional law
* Administrative law
72
What is Private Law?
Law that regulates relationships between individuals or entities, excluding the government.
73
What types of law fall under Private Law?
* Contract law
* Tort law
* Property law
* Company law
74
Is the distinction between public and private law absolute?
No, it is not absolute.
75
What is Common Law?
Also known as judge-made law, used in provinces and territories except Quebec.
76
What is Civil Law?
A system of private law governed by a civil code, primarily in Quebec.
77
What does the Civil Code of Quebec govern?
Private civil law matters including contracts, property, and family relations.
78
What is the significance of Section 35 of the Constitutional Act, 1982?
It recognizes and affirms existing aboriginal and treaty rights of Indigenous Peoples.
79
What are treaty rights?
Rights arising from official agreements between the Crown and Indigenous Peoples.
80
What are Aboriginal rights?
Rights that exist when treaties haven’t been negotiated, relating to land occupation and cultural practices.
81
What is the duty of the Crown regarding Indigenous Peoples?
To consult and accommodate Indigenous Peoples in certain circumstances.
82
What legislation did the federal government enact in 2021 regarding Indigenous rights?
Legislation adopting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
83
What is the purpose of the Indigenous-led National Action Plan currently in development?
To address the implementation of the UNDRIP Act.
84
Fill in the blank: The two kinds of rules in law that remain distinct are _______ and _______.
[common law] and [equitable rules]
85
True or False: The Civil Code of Quebec was replaced by the Civil Code in 1991.
True
MOS 2275
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