Topic 4/5

Question 1

Canadian Court System - EXAM
A lot of overlap

Federal court

Upper and lower provincial courts

Supreme Courts

Jurisdictions of the courts

Who appoints who
- The federal government does everything but the lower provincial court

Question 2

Indictable vs. summary defence

Reverse onus on drug trafficking, violation of the charts

civil law

Answer 2

Higher court does indictable
lower courts do summary

Oakes Test - Necessity and proportionality, limitations clause. Presumption of innocence,

codified- not common law ….. Private law- does not include government

Question 3

ALTERNATIVE Dispute - Resolution in Canada
Less PUNITIVE and more …
in the …
and in…
… - make it less contentious, and the process is smoother. HARMONOUIS.
common disputes eat up a disproportionate amount of court time.
HELP TO FREE UP THE COURT SYSTEM

• There has been a more recent turn toward … resolution
• Alternative dispute resolution: dispute resolution …, …
• Employs …, … and conciliation
• Typically conducted by …

Answer 3

Alternative Dispute - Resolution in Canada
Less PUNITIVE and more RESTORATIVE
in the YOUTH CRIMINAL JUSTICE
and in INDIGENOUS LEGAL ISSUES
FAMILY

• There has been a more recent turn toward alternative dispute resolution
• Alternative dispute resolution: dispute resolution beyond the traditional, adversarial court system
• Employs negotiation, mediation and conciliation
• Typically conducted by non- judicial officer

Question 4

Restorative Justice in Canada - less punitive and punishment and restores relations
- …
- …

every party must be a part of the process and consent to it
The accused takes responsibility
The victim gets to talk about their experience

• Restorative justice: “[…] an approach to justice that seeks to repair harm by providing opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime” (Department of Justice, 2025)
• Principles include …, …, …, d…, voluntariness, etc.

* Criminal Code section … (e)——……………..*

• R. v. … (1999) 1 SCR 668 - …..

Answer 4

Restorative Justice in Canada
- youth criminal
- Indigenous

• Restorative justice: “[…] an approach to justice that seeks to repair harm by providing opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of a crime” (Department of Justice, 2025)
• Principles include recognition, inclusion, accountability, dialogue, voluntariness, etc.
• Criminal Code section 718.2(e) - adopts principles of restorative justice, It requires judges to consider all reasonable alternatives to prison for every offender, with special attention to Indigenous offenders.
• R. v. Gladue (1999) 1 SCR 668 - first case to offer a test to 718.2, young indigenous woman, history of substance abuse. Kill her partner, off of reserve land. ONLY APPLIED TO ON RESERVE. take into consideration 718.2

Question 5

Studying Law

• There were few formal university-level law school pre- …
• Now 24 law schools in Canada (2024)
• Eligibility determined by GPA and the … (…)
• The academic study of law was designed to supplement legal … (…)

4th year
** Articling: a … **
* Successful students receive their … (…)

Answer 5

Studying Law

• There was no formal university-level law school pre- 1950s
• Now 24 law schools in Canada (2024)
• Eligibility determined by GPA and the Law School Admissions Test (LSAT)
• The academic study of law was designed to supplement legal apprenticeship (articling)

* Articling: a law student’s period of apprenticeship under supervision of a licensed lawyer(s)*
* Successful students receive their juris doctor (JD)

Question 6

Lawyers & the Legal Profession
* Lawyer: someone who has the … to practice law

Roles/functions:
- provide …
- … and … suspected offenders
- establish legal …
- offer legal …
- act as …, legal research, legal drafting, advocacy, negotiate and draft contracts

• There are around 136,000 practicing lawyers in Canada (CFLS, 2024)
  -Debate persists regarding the increasing number of lawyers
• There has been a significant increase of … lawyers

* Includes … and …*
…..
….

In house lawyer works for a company that has hired them. close to a 9-5

Answer 6

Lawyers & the Legal Profession
* Lawyer: someone who has the legal recognition to practice law

• Roles/functions:
• provide legal representation
• prosecute and defend suspected offenders
• establish legal arguments
• offer legal advice
• act as trustees, legal research, legal drafting, advocacy, negotiate and draft contracts
• There are around 136,000 practicing lawyers in Canada (CFLS, 2024)
  -Debate persists regarding the increasing number of lawyers
• There has been a significant increase of women lawyers

* Includes solicitation and litigation*
Soliciter - common, deals with CONTRACTS and TRANSACTIONS. not representing clients in court
Litigation - Legal representation, in a court room

Question 7

• Law society: a provincial … that …
  Roles/functions:
• establish …
• collect annual fees from …
• provide legal …, provide insurance to members
• … lawyers and approve …

* The Canadian Bar Association:* shares … about the practice, offers … and professional … opportunities and represents the … of Canada’s legal community
A…
What can they do?

• Federation of Law Societies of Canada: … OF LAW
  The National Association of Canada’s provincial …
  -… Canada’s …, … across law societies and facilitates national collaboration (FLSC, 2024)
• Establishes BAR exams, license lawyers

Answer 7

• Law society: a provincial association that licenses lawyers to practice
  Roles/functions:
• establish standards
• collect annual fees from membership
• provide legal aid, provide insurance to members
• discipline lawyers and approve law schools

* The Canadian Bar Association:* shares information about the practice, offers networking and professional development opportunities and represents the interests of Canada’s legal community
NOT A LAW SOCIETY OR REGULATORY BODY
they do NOT discipline lawyers

• Federation of Law Societies of Canada: REGULATION OF LAW
  The National Association of Canada’s provincial legal societies
  -Regulates Canada’s legal profession, shares information across law societies and facilitates national collaboration (FLSC, 2024)

Question 8

Current code for Lawyers - …
* Canadian Bar Association’s Code of Professional Conduct

• Federation of Law Societies - …

Includes standards
- on issues of …
- … of service
-c…
- conflicts of …
- … of clients’ property/disbursements, withdrawal from representation and marketing/advertising of legal services (FLS, 2022)

• Disbarment: … and membership of …
  -Lawyers can also be reprimanded in other ways (i.e. fining, suspensions from practice)

Answer 8

Current code for Lawyers - Model Code of Professional Conduct, MCPC
* Canadian Bar Association’s Code of Professional Conduct

• Federation of Law Societies - Model Code of Professional Conduct
• Includes standards
• on issues of competence
• quality of service
• confidentiality
• conflicts of interest
• preservation of clients’ property/disbursements, withdrawal from representation and marketing/advertising of legal services (FLS, 2022)
• Disbarment: removal from the bar and membership of law society terminated
  -Lawyers can also be reprimanded in other ways (i.e. fining, suspensions from practice)

Question 9

Removal of Justices
- removed because of allegations he told a 19 year old to close her legs and pain is sometimes good

Russel Brown
- Incident of being drunk and sexually harassing a group of women

Disbarment
- not from a regulatory body
- From the HOUSE OF COMMONS AND THE SENATE