A Law and Society student is doing a study on the legalization of marijuana in Canada by
focusing on the different social factors that played a role in the development of the Cannabis
Act. Which theory of law best reflects the student’s approach to their study?
a)Positivism
b)Legal Realism
c)Critical Legal theory
d)Natural Law
b)
Which Supreme Court of Canada case involved a challenge to the Lord’s Day Act’s prohibition
on operating a business on Sundays based on section 2 of the Canadian Charter of Rights and
Freedoms?
A) R. v. Drybones
B) R. v. Oakes
C) R. v. Big M Drug Mart Ltd
D) R. v. Wade
C
Which of the following statements regarding Indigenous law in Canada is true?
A) Indigenous law is completely autonomous from Canadian law and is the dominant form
of law for Indigenous peoples in Canada
B) Canadian law has left limited space for Indigenous law and Indigenous laws are
transformed into Canadian legal form
C) Indigenous law supersedes Canadian law as part of the Indian Act
D) All forms of Indigenous legal practices in Canada continue to be illegal
B
The ______ significantly broadened the scope of the Supreme Court’s judicial review in Canada.
A) Criminal Code of Canada
B) Canadian Charter of Rights and Freedoms
C) British North America Act, 1867
D) Statute of Westminster
b
What is the only power associated with the vertical diffusion of power?
Federal
What was Sask vs whatcott associated with?
hate speech
What is the organization responsible for review?
CANLII
What is it called when lower courts follow the example of higher courts decisions?
Judicial precedent
Are the US and Canada system courts similar?
No
What is Saskatchewan vs whatcott in reference to?
Hate speech
What are 4 things associated with private law?
FCTP
Familial, contract, tort and property
What are three things public law is concerned with?
T C C
Taxation, criminal and constitutional
What was the zundel case concerned with?
Hate speech and false news
What form of law is associated with “an unjust law is no law”
Natural law
Where is natural law in the Canadian law?
Charter of rights and freedoms
What view sees law “as is” and is human made?
Positivism
What did Carter v Canada dispute?
Maid
What is statute law rooted in?
Parliamentary supremacy
What form of government is horizontal?
Separation of powers
