Business Law in Canada, Tenth Canadian Edition , 10/E Richard A. Yates, solutions manual and test bank
1) In a CBC interview, a noted environmentalist said that if he were forced to choose between the lives of the last breeding pair of whales and those of a boatload of men who were out to kill them, he would sacrifice the men to save the whales. He cited the war-crimes trials after World War II for the principle that immoral laws should be resisted to protect "the higher good." This position exemplifies which one of the following?
a. legal realism
b. legal positivism
c. the law of the sea
d. natural law
e. the law of equity
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - What Is Law?
Skill: Applied
Objective: Chapter 2: 1. Determine a functional definition of "law."
2) Which of the following is correct with respect to the role of statutes in our legal system?
a. A statute, if it is clear and concise and properly passed, will always override common law and equity.
b. In Canada, most new laws follow the Civil Code legal system.
c. Where a properly passed provincial statute is in conflict with a well-established common law principle, the statute will be void.
d. Once a statute has been interpreted and applied in a court, a subsequent judge in a lower court is not required to follow that decision if he disagrees with it.
e. Only the federal parliament may enact statutes.
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Sources of Law
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
3) Which of the following statements is correct with respect to the sources of our law?
a. Equity is a system of law developed by the provincial legislatures.
b. The common law derived aspects of the law of families and estates from the French Civil Code.
c. The only province in which a judge is required to follow a comprehensive civil code is Ontario.
d. The term stare decisis refers to the practice of following precedent, which forms the basis of our common law system.
e. The Courts of Chancery developed the law of contracts.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Sources of Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
4) With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?
a. The statute law never overrides the case law on the same point.
b. The Supreme Court of Canada has the power to find the province didn't have the power to pass the statute, with the result that the statute would no longer be law.
c. The courts cannot affect the meaning of the statute through subsequent interpretation.
d. The Supreme Court of Canada cannot strike down any statute passed by the federal parliament because "Parliament is supreme."
e. A provincial statute cannot be struck down by the courts for being contrary to the Charter of Rights and Freedoms.
Answer: b
Diff: 2
Type: MC
Topic: Ch. 2 - Legislation
Skill: Recall
Objective: Chapter 2: 7. Detail how legislation is created in the parliamentary system.
5) Which of the following is true with regard to Canada's Constitution?
a. The British North America Act, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by our federal parliament.
b. The Charter of Rights and Freedoms is a part of the BNA Act.
c. The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
d. The Constitution Act, 1982 requires British Parliament to amend it.
e. Our Constitution consists of only the Charter of Rights and Freedoms.
Answer: c
Diff: 2
Type: MC
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Recall
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
6) Uncle Max just immigrated to Canada and learned some things about our laws and Constitution on the plane. Which of the following things he heard is true?
a. The Charter of Rights and Freedoms, part of the Constitution Act, 1982, has been entrenched in our constitution and therefore cannot be changed.
b. Our Constitution provides that the provincial legislatures have exclusive jurisdiction to enact laws concerning education and property in the province.
c. Our federal parliament is supreme in enacting laws concerning municipalities.
d. The British North America Act, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by the Queen Victoria.
e. There are many aspects of our constitution we have inherited from the United States.
Answer: b
Diff: 2
Type: MC
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
7) Which of the following statements about statutes is true?
a. Statutes only apply when there is no common law covering the situation.
b. Statutes often summarize or modify canon law.
c. A statute may be only federal.
d. Government regulations are considered supreme to statute law.
e. Statutes are laws created by legislative bodies.
Answer: e
Diff: 2
Type: MC
Topic: Ch. 2. - Statutes
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
8) Which of the following is a legal right under the Charter?
a. Everyone has the right to not to be deprived of their property.
b. Everyone has the right to be employed.
c. Everyone has the right to freedom of expression regardless if it interferes with the freedom of others.
d. Everyone has the right not to be exposed to any unreasonable search and seizure.
e. Everyone has the democratic right to vote regardless of age or mental capacity.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
9) At a recent computer show, you heard a student trying to explain our legal system to a man who recently immigrated from Russia. Which one of the following statements he made is correct?
a. All the provinces follow law that stemmed from the English common law.
b. The chief characteristic of the common law is the theory of precedent; that is, judges are bound by decisions of judges on superior courts in that jurisdiction on the same point of law.
c. Today, we are governed by statutes passed by our elected representatives as well as by judge-made law.
d. Judge-made law in England came from two traditions, civil law and parliamentary supremacy.
e. With the creation of our court system, the equitable tradition was lost. Today a judge of our superior court does not apply principles or remedies developed by the courts of equity.
Answer: b
Diff: 2
Type: MC
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
10) Which of the following statements is correct with respect to our constitutional law?
a. Neither the Federal or Provincial governments can change the provisions of the Charter of Rights and Freedoms without going through the constitutional amending process.
b. The Constitution Act, 1982 was passed only by the English parliament.
c. The Constitution Act, 1982 is the supreme law of Canada and overrides statutes.
d. The Canadian Charter of Rights and Freedoms is part of the BNA Act.
e. The Charter is entrenched and, as such, none of its provisions can be overridden by any level of government.
Answer: c
Diff: 2
Type: MC
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
11) Which of the following is correct with respect to the impact of the passage of the Charter of Rights and Freedoms in Canada?
a. The passage of the Charter has given the judges more power than they had before its passage.
b. The passage of the Charter has placed no limits on the supremacy of parliament.
c. Section 33 allows parliament or the legislature to override any provision of the Charter provided they clearly state they are doing so "notwithstanding" the specific provision of the Charter.
d. Section 1 of the Charter divides the powers between the federal and provincial governments.
e. The Charter applies only to private disputes between individuals.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
12) Which of the following is correct with respect to the Charter of Rights and Freedoms?
a. Section 33 (the notwithstanding clause) only applies to all specified provisions of the Charter.
b. The federal or provincial legislature cannot override a person's right to free speech.
c. The federal or the provincial legislature can override a person's right not to be discriminated against on the basis of race or religion.
d. The parliament or provincial legislature cannot override a section of the Charter.
e. The effect of the notwithstanding clause is to shift the power back to the judges.
Answer: c
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
13) Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms?
a. The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments.
b. The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees.
c. The Charter does not specifically prohibit discrimination on the basis of sexual preference.
d. The provisions of the Charter only apply to government and to any government representative exercising a statutory power.
e. Any provincial human rights legislation must comply with the provisions of the Charter.
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
14) Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?
a. The passage of the Charter has placed significant limitations on the power of the judiciary.
b. The passage of the Charter has shifted power from the federal to the provincial government.
c. The passage of the Charter has increased the power of the courts.
d. The passage of the Charter has led the provincial and federal legislatures to become more activist in making law.
e. The passage of the Charter has shifted power from the courts to parliament.
Answer: c
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
15) Which of the following is true with regard to our legal system?
a. An appeal from the Supreme Court of Canada goes to the Federal Court of Appeal.
b. Our Charter of Rights and Freedoms diminishes the power of both the federal and provincial legislatures.
c. Our Constitution can be amended by the federal parliament acting alone.
d. If a case were heard before a provincial trial level court, the judge could apply legal principles and award only cash remedies.
e. Case law overrides the statute law on the same point.
Answer: b
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
16) Which of the following is correct with respect to the definition of law?
a. Law defined in moral terms is a reflection of legal positivism.
b. Law defined in terms of authority is a reflection of legal realism.
c. Law defined in practical terms as to what the court will do is a reflection of legal positivism.
d. Law defined in terms of morality is a reflection of natural law theory.
e. Law defined in terms of authority is a reflection of natural law theory.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - What Is Law?
Skill: Applied
Objective: Chapter 2: 1. Determine a functional definition of "law."
17) Which of the following is the most usable definition of law?
a. It is most useful to us to define law in terms of what we think people ought to do.
b. It is most useful to us to define law in terms of what people do.
c. We must define law in terms of what the courts will enforce.
d. We must define law in terms of what society needs people to do.
e. We must define law in terms of what people used to do.
Answer: c
Diff: 1
Type: MC
Topic: Ch. 2 - What Is Law?
Skill: Recall
Objective: Chapter 2: 1. Determine a functional definition of "law."
18) Which of the following is an example of substantive law?
a. the rule that a tort action must be commenced within two years of the action complained of
b. the rule that establishes the type of document by which an action is commenced
c. the rule that hearsay evidence is not permitted in a trial
d. the rule that a victim of fraud can sue
e. the rule that any action under $10,000 must be brought in the small claims court
Answer: d
Diff: 1
Type: MC
Topic: Ch. 2 - Categories of Law
Skill: Applied
Objective: Chapter 2: 2. Identify the types of law that exist in Canada.
19) Which of the following is true regarding categories of law?
a. Substantive law establishes the rights an individual has in society.
b. Private law includes constitutional law.
c. Criminal law involves the rules that govern our personal, social, and business relations.
d. Substantive law determines how procedural laws will be enforced.
e. Procedural law establishes the limits on an individual's conduct.
Answer: a
Diff: 1
Type: MC
Topic: Ch. 2 - Categories of Law
Skill: Recall
Objective: Chapter 2: 2. Identify the types of law that exist in Canada.
20) Which of the following is true regarding the history of the legal system used in England?
a. Strained relations between the English and French kingdoms explain why England adopted Roman civil law as its system of justice.
b. Historically, kings and nobles worked together to establish a common system of justice.
c. The early Norman kings failed to establish a feudal system, which allowed Roman civil law to take hold in England.
d. England alternately used common law and civil law legal systems, depending on the strength of the reigning king.
e. During times when power was decentralized, local lords, barons, or sheriffs would administer justice.
Answer: e
Diff: 3
Type: MC
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
21) In terms of the development of the common law legal system, which of the following is true?
a. Historically, local lords, barons, or sheriffs held court as part of their feudal responsibility.
b. Trial by battle involved some psychological test.
c. Trial by ordeal involved armed combat between the litigants or their champions.
d. Travelling courts, established by weak kings, provided a relatively unattractive method of resolving disputes.
e. The courts of the nobles grew in power, eventually evolving into the modern courts of today.
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
22) The custom of following already decided cases is called
a. stare decisis.
b. civil law system.
c. common law.
d. res judicata.
e. ultra vires.
Answer: a
Diff: 1
Type: MC
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
23) Which of the following will override a particular provincial common law rule as articulated by a trial-court judge of the highest trial level court in the province?
a. a contrary subsequent ruling by the Court of Appeal of the province
b. a new provincial statute to the contrary in another province
c. a contrary ruling by a small claims court judge
d. a similar subsequent ruling by a trial-court judge in another province
e. a contrary ruling by an appeal court judge in another province
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
24) Which one of the following statements is not accurate with respect to the Canadian legal system?
a. The three major components of present Canadian law are the common law, equity, and statutes.
b. The traditional supremacy of Parliament to make law has been limited to some extent by the Charter of Rights and Freedoms.
c. The full normal route of a civil action is from a provincial trial court to a provincial Court of Appeal to the Supreme Court of Canada.
d. The principle of stare decisis provides that courts within a province are bound to follow previous decisions on the same legal point from the courts of other provinces.
e. The original Canadian Constitution is now known as the Constitution Act, 1867.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
25) Which of the following is correct with respect to the civil law system?
a. Quebec and New Brunswick use a system based on the French Civil Code.
b. The Code is persuasive only and the judges are free to disregard it where the situation warrants.
c. The system used in Quebec is based on Justinian's code rather than the Napoleonic Code.
d. The Civil Code governs all legal matters arising in Quebec including criminal actions.
e. The Civil Code as used in Quebec covers private disputes between individuals.
Answer: e
Diff: 2
Type: MC
Topic: Ch. 2 - Civil Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
26) Which of the following is correct with respect to the characteristics of stare decisis in the common law?
a. It is based on trial by battle and trial by ordeal.
b. It prevents a higher court from overruling a lower one.
c. It allows decisions of the courts to be predictable by the parties.
d. Our statutes play the same role as the code used in the French system.
e. This term refers to the role played by the law of equity in our system.
Answer: c
Diff: 2
Type: MC
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
27) Which of the following is correct with respect to the law of Quebec?
a. The Civil Code used in Quebec is a direct copy of the Napoleonic code used in France.
b. The code is binding and prior cases are just persuasive.
c. The Quebec Civil Code was most recently revised in 1985.
d. Once judges make decisions based on the code, it is those decisions that are binding on other judges faced with similar problems.
e. The code used in Quebec is a variant of Justinian's code rather than the Napoleonic Code.
Answer: b
Diff: 2
Type: MC
Topic: Ch. 2 - Civil Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
28) Which one of the following is not generally recognized as a source of the common law?
a. the law of equity
b. the law merchant
c. local British customs and traditions
d. Roman civil law
e. Church (or canon) law
Answer: a
Diff: 1
Type: MC
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
29) Which of the following statements best describes the law merchant?
a. The law merchant is a body of law designed to control trade practices.
b. The law merchant is a body of law created by merchant guilds, which was incorporated into the common law.
c. The law merchant was designed to protect consumers from unscrupulous merchants.
d. Our laws relating to consumer protection are derived from the law merchant.
e. The law merchant is another name for the Sale of Goods Act.
Answer: b
Diff: 1
Type: MC
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
30) Which of the following will a judge not apply in a Canadian court?
a. equitable principles
b. common law principles
c. statute law
d. Roman law
e. constitutional law
Answer: d
Diff: 1
Type: MC
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
31) The common law courts include
a. the court of common pleas, the court of king's bench, and the exchequer court.
b. the court of common pleas, the chancery court, and the exchequer court.
c. the court of king's bench, the chancery court, and the exchequer court.
d. the court of common pleas, the court of king's bench, and the chancery court.
e. the court of king's bench, the chancery court, and the court of equity.
Answer: a
Diff: 1
Type: MC
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
32) Which of the following was not one of the factors that led to the creation of the law of equity?
a. rigidity in the common law courts
b. stare decisis
c. the need for a supplement to the common law
d. the unpredictable outcome in the common law courts
e. the adherence to precedent
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
33) Which of the following is correct with respect to the law of equity?
a. Equity no longer exists; the courts were merged.
b. “Equity” means fairness in our legal system.
c. The Court of Equity was one of the original common law courts along with the court of king's bench and the court of the exchequer.
d. “Equity” refers to the body of law created by the Courts of Chancery.
e. “Equity” refers to the amount still owing on a debt.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
34) In R. v. Keegstra, the Supreme Court of Canada stated that
a. although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms.
b. the doctrine of stare decisis no longer applies.
c. the decision of a sub-ordinate court must always be followed, regardless of the specific facts of the case.
d. decisions of the Supreme Court of Canada ought only be applied in federal cases.
e. Provincial Court Judges have no authority to impose sentences in matters involving freedom of expression.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Common Law
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
35) In R. v. Clough, the BC Court of Appeal stated that
a. the Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided.
b. the doctrine of stare decisis no longer applies.
c. the decision of a senior court must always be followed, regardless of the specific facts of the case.
d. decisions of the Supreme Court of Canada ought only be applied in federal cases.
e. Provincial Court Judges have no authority to impose sentences in matters involving criminal offences such as drug trafficking.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Common Law
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
36) Which of the following is true in respect of delegation between the federal and provincial governments?
a. Federal and provincial governments can delegate their powers to inferior bodies, such as boards and individual civil servants.
b. Direct delegation between the federal and provincial government bodies is the only way governmental bodies can conduct their business.
c. The federal government is considered an inferior legislative body, so it can abdicate its powers, but only to a provincial government.
d. The provincial governments are considered inferior legislative bodies, so they can abdicate their powers, but only to the federal government.
e. There is no practical way for governments to overcome the prohibition against delegation.
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
37) With regard to the Constitution of Canada, which of the following is false?
a. Our Constitution provides for a federal system of government—i.e., for two levels of government, federal and provincial.
b. The Constitution Act, 1867 (formerly, the British North America Act) clarifies which matters can be dealt with by the provincial governments (i.e., the provincial legislatures).
c. The Constitution Act, 1867 was a statute passed by the British Parliament, but it is no longer necessary to have the British Parliament amend it if Canadians want it amended.
d. The Constitution Act, 1982 contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
e. Members of our federal Parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms.
Answer: e
Diff: 2
Type: MC
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
38) With regard to the Constitution of Canada, which of the following is true?
a. Our Constitution provides for a single system of government.
b. The Constitution Act, 1982 provides which matters can be dealt with only by the federal government.
c. The British Parliament can continue pass legislation that affects Canada.
d. The Constitution Act, 1982 contains a Charter of Rights and Freedoms that curbs the power of the federal and provincial legislatures.
e. Federal judges have been given the sole power to amend the Charter of Rights and Freedoms.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
39) Jake was charged with an offence. Which of the following could not be a legitimate defence in any circumstances?
a. The legislation creating the offence is beyond the authority of the body that created the offence.
b. The legislation violated his Charter rights.
c. He had a legal excuse for doing what he did.
d. The legislative branch of government is the proper body to hear criminal cases.
e. He did not do the act complained of.
Answer: d
Diff: 1
Type: MC
Topic: Ch. 2 - Delegation of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
40) In which one of the following cases can the Supreme Court of Canada not override the will of the federal parliament?
a. Parliament enacts legislation that is ultra vires.
b. Parliament enacts legislation in an area outside its jurisdiction.
c. Parliament enacts legislation that infringes on rights contained in the Charter of Rights and Freedoms.
d. Parliament enacts legislation that is not clear.
e. The Supreme Court of Canada disagrees with the substance of the legislation.
Answer: e
Diff: 2
Type: MC
Topic: Ch. 2 - Legislation
Skill: Applied
Objective: Chapter 2: 7. Detail how legislation is created in the parliamentary system.
41) Which of the following is true with regard to Canada's Constitution?
a. The British North America Act, the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government, was passed by our federal Parliament.
b. The Charter of Rights and Freedoms is a part of the BNA Act.
c. The Charter of Rights and Freedoms cannot be amended by the federal Parliament acting alone.
d. The Constitution Act, 1982 requires British Parliament to amend it.
e. Our Constitution consists of only the Charter of Rights and Freedoms.
Answer: c
Diff: 2
Type: MC
Topic: Ch. 2 - Confederation
Skill: Applied
Objective: Chapter 2: 5. Identify the three elements of Canada's Constitution.
42) Which of the following statements with respect to the power to prorogue (adjourn) Parliament is true?
a. The decision of whether to prorogue Parliament or not rests with the Prime Minister.
b. The Queen has exclusive power to prorogue Parliament.
c. The decision of whether to prorogue Parliament or not rests with the Governor General.
d. The decision to prorogue Parliament is specified in the Charter of Rights and Freedoms.
e. The Governor General has the power to prorogue Parliament, but only if the opposition party agrees.
Answer: c
Diff: 3
Type: MC
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Recall
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
43) In Chatterjee. v. Ontario, the Supreme Court of Canada
a. unanimously upheld the provincial law, since the dominant feature related to "property and civil rights", a provincial matter.
b. concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply.
c. held that only the provincial legislation was invalid.
d. held that only the federal legislation was invalid.
e. held that both the federal and provincial legislation were invalid.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Conflicting Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
44) Which of the following is not a legal right under the Charter?
a. Everyone has the right not to be deprived of life, liberty, and security.
b. Everyone has the right not to be arrested or detained without being told why.
c. Everyone has the right to be presumed innocent until proven guilty.
d. Everyone has the right, if acquitted of an offence, not be tried for it again.
e. Everyone has the right not to be subjected to any cruel and unusual punishment.
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Charter Provisions
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
45) Ms. Lott was required by a provision in the B.C. school act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is false with regard to this situation?
a. A provision of the Charter of Rights and Freedoms of the Constitution Act prohibits discrimination.
b. The Constitution allows the legislature to discriminate if it can be demonstrated that the discrimination is justified in a free and democratic society.
c. The legislature, if it is acting within its authority (i.e., within s. 92 of the Constitution Act), can pass a statute that discriminates if it states that the statute will operate notwithstanding the provisions of the Charter of Rights and Freedoms.
d. The federal legislature is the proper body to decide if the provincial school act is lawful.
e. The people of Canada, through their elected representatives, could change the Constitution Act, including the Charter of Rights and Freedoms.
Answer: d
Diff: 3
Type: MC
Topic: Ch. 2 - Conflicting Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
46) Regarding the Charter of Rights and Freedoms, which of the following statements is true?
a. Neither the federal and the provincial governments can change the provisions of the Charter without going through the constitution amending process.
b. Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians.
c. Any action by a government official violating the provisions of the Charter is not actionable under the Charter.
d. The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada.
e. The Charter protects fundamental freedoms that apply only to relations between private citizens.
Answer: a
Diff: 1
Type: MC
Topic: Ch. 2 - Charter Provisions
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
47) Which among the following was not a purpose of the Constitution Act, 1982?
a. to list government enactments having constitutional status
b. to guarantee individual rights
c. to place some limitations on the supremacy of parliament
d. to redefine the role of the queen and her representative, the Governor General
e. to protect individuals against acts of governments or their agencies that infringe on their rights
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
48) Which of the following is correct with respect to limitations on the Charter?
a. Interference with rights must be justifiable in a free and democratic society.
b. It cannot be used by a resident who is not a citizen of Canada.
c. It does not protect the rights of Aboriginal people.
d. It only applies to government employees.
e. It only applies to the federal government.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Charter Provisions
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
49) Which of the following statements is correct with respect to human rights laws in Canada?
a. Protection against discrimination on the basis of sexual orientation is recent and not yet specified in some human rights statutes.
b. All employers have an obligation to accommodate all of the religious practices and disabilities of their employees.
c. Federal and provincial human rights commissions are courts, and the commissioners are superior court judges with the rights and powers associated with that office.
d. From a business point of view, the Charter is much more important than the provincial human rights legislation.
e. Human rights in the federal area are protected by the federal human rights commission, which enforces the Canadian Bill of Rights.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Human Rights Legislation
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
50) Which of the following is correct with respect to the Charter of Rights and Freedoms?
a. Section 33 (the notwithstanding clause) applies only to some specified provisions of the Charter.
b. The federal or provincial legislature cannot override a person's right to free speech.
c. The federal or the provincial legislature cannot override a person's right not to be discriminated against on the basis of race or religion.
d. Parliament or provincial legislatures can only override a section of the Charter under the notwithstanding clause if they clearly state they are doing so and then wait five years before implementing the provision.
e. The effect of the notwithstanding clause is to shift the power back to the judges.
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
51) The Charter of Rights and Freedoms does not apply to which of the following?
a. the provincial cabinet
b. the police
c. a restaurant
d. a human rights commission
e. a municipal council
Answer: c
Diff: 1
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
52) Which of the following statements is incorrect with respect to the application of the Charter of Rights and Freedoms?
a. The provisions of the Charter only apply to government and to any government representative exercising a statutory power.
b. The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments.
c. The Charter of Rights and Freedoms does not regulate the relationship between a university or hospital and its employees.
d. The Charter does not specifically prohibit discrimination on the basis of sexual preference.
e. Any provincial human rights legislation must comply with the provisions of the Charter.
Answer: b
Diff: 2
Type: MC
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
53) Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?
a. The rights and freedoms guaranteed in the Charter vary depending on whether a person is a citizen, a resident, or a visitor.
b. The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter.
c. The Charter gives a court the power to exclude any evidence that has been obtained in violation of a Charter right.
d. When evidence is obtained in violation of a person's Charter rights, the court may exclude that evidence.
e. The court is free to impose any remedy for a Charter violation that it considers appropriate.
Answer: b
Diff: 3
Type: MC
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
54) Which of the following is a right or freedom guaranteed in the Charter?
a. the right to own property
b. the right to have your children educated in any language
c. the right to bear arms
d. the right to vote in federal and provincial elections
e. the right to be assured of a minimum level of income
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
55) Which of the following is correct with respect to language rights as set out in the Charter?
a. Everyone in Canada has the right to have all federal and provincial government services provided in both French and English no matter where they are.
b. Everyone in Canada has the right to have their child educated in their choice of English or French where numbers warrant.
c. Only Canadian citizens have the right to have their children educated in their choice of English or French where numbers warrant.
d. Everyone in Canada has the right to have all federal and provincial government services provided in both English and French where numbers warrant.
e. Only federal government services must be provided in both English and French.
Answer: e
Diff: 3
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
56) Which one of the following is a Charter right that the provinces could not override through the use of the notwithstanding clause (section 33 of the Charter)?
a. the right to move anywhere you want in canada
b. the right not to be subjected to any cruel or unusual punishment
c. the right to worship who, how, or what you wish
d. the right to not be discriminated against because you are black
e. the right to be told why you are being arrested
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
57) Which of the following is correct with respect to the impact of the Charter of Rights and Freedoms?
a. The passage of the Charter has increased the power of both parliament and the provincial legislatures.
b. The passage of the Charter has shifted power from the federal to the provincial government.
c. The Charter has shifted power from the provinces to the federal government.
d. The passage of the Charter has increased the power of the courts.
e. The passage of the Charter has shifted power from the courts to the parliament.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
58) In Maple Ridge District v. Meyers, the Supreme Court of Canada
a. struck down the legislative competence of Maple Ridge bylaw down as ultra vires.
b. determined that the section 15 equality rights of females had not been infringed.
c. held that there was no gender discrimination.
d. concluded that the Maple Ridge District government was well within its Constitutional rights.
e. found that neither section 1 nor section 15 of the Charter could be applied to actions of the government.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Conflicting Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
59) In Rothmans, Benson & Hedges Inc. v. Saskatchewan, the Supreme Court of Canada
a. concluded that the federal and provincial legislation were not in conflict; one simply went further than the other.
b. concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply.
c. held that only the provincial legislation was invalid.
d. held that only the federal legislation was invalid.
e. held that both the federal and provincial legislation were invalid.
Answer: a
Diff: 3
Type: MC
Topic: Ch. 2 - Conflicting Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
60) Which of the following is true regarding human rights?
a. Both the federal and provincial governments have established special human rights tribunals authorized to hear complaints of human rights violations.
b. Human rights tribunals have the power to investigate human rights complaints, but no authority to impose sanctions nor to provide remedies.
c. Human rights protection applies to all areas, without restriction.
d. There is still no legislative protection against sexual harassment.
e. All remaining legal issues concerning human rights protection of same-sex relationships have been resolved.
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Human Rights Legislation
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
61) In Ontario Human Rights Commission et al. v. Simpsons-Sears Ltd., the Supreme Court of Canada
a. held that religious discrimination is acceptable in the workplace.
b. found that the employer was required to take reasonable steps to accommodate the religious practices of an employee.
c. concluded that it is unnecessary to accommodate an employee when doing so would inconvenience the employer.
d. decided that only certain religions are worthy of protection under human rights legislation.
e. determined that it is the intention to discriminate that is relevant, not whether or not discrimination actually occurred.
Answer: b
Diff: 3
Type: MC
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
62) Which of the following is true regarding human rights legislation?
a. The mandate of human rights commissions is to encourage the government to follow principles of equality.
b. Material on the internet is exempt from the application of human rights legislation.
c. Human rights commissions cannot deal with complaints arising from business interactions.
d. Canada's first-ever human rights complaint concerning an internet hate site involved Ernst Zundel.
e. Since the introduction of the Charter of Rights and Freedoms, provincial human rights codes are no longer significant.
Answer: d
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
63) The ___________ applies to abuses in sectors regulated by federal legislation, such as the broadcast and telecommunication industries; similar provincial statutes apply only in areas controlled by provincial legislation.
a. Canadian Human Rights Act
b. Constitution Act, 1867
c. Charter of Rights and Freedoms
d. Meech Lake Accord
e. Constitution Act, 1982
Answer: a
Diff: 1
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
64) Both the federal and the provincial governments have set up special ___________ authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies.
a. statutes
b. human rights tribunals
c. constitutional tribunals
d. legislation
e. language rights tribunals
Answer: b
Diff: 1
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
65) Protection against sexual harassment exists because sexual harassment is regarded as a form of ___________ on the basis of gender.
a. prohibition
b. abuses
c. discrimination
d. human rights
e. fundamental freedom
Answer: c
Diff: 1
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
66) Where protection against discrimination on the basis of ________ has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.
a. sexual orientation
b. marriage
c. gender
d. publications
e. freedom of speech
Answer: a
Diff: 2
Type: MC
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
67) Law and morality are the same thing.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Topic: Ch. 2 - What Is Law?
Skill: Recall
Objective: Chapter 2: 1. Determine a functional definition of “law.”
68) The legal philosophy that defines law in terms of the authority of the person who passed it is called legal realism.
a. True
b. False
Answer: b
Diff: 2
Type: TF
Topic: Ch. 2 - What Is Law?
Skill: Recall
Objective: Chapter 2: 1. Determine a functional definition of “law.”
69) Substantive law deals with rules that establish a structure for enforcing rights and obligations.
a. True
b. False
Answer: b
Diff: 2
Type: TF
Topic: Ch. 2 - Categories of Law
Skill: Recall
Objective: Chapter 2: 2. Identify the types of law that exist in Canada.
70) Civil law is based on a codified system.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Topic: Ch. 2 - Civil Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
71) Judges in a common law system base their decisions on other judges' decisions.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
72) Stare decisis is the Latin term for following the Code.
a. True
b. False
Answer: b
Diff: 2
Type: TF
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
73) A British Columbia judge is required to follow the decisions of a higher court in Alberta.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
74) The common law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people.
a. True
b. False
Answer: b
Diff: 3
Type: TF
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
75) In our system, if a judge feels that the decision made by a judge in a higher court is wrong, he or she is free to disregard it.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
76) Stare decisis can contribute to stagnation.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2 - Common Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
77) Stare decisis in the common law system plays the same role as the code in the French system, lending predictability to the law.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
78) Common law is also known as judge-made law.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
79) “Canon law” refers to the law created by the Church.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
80) The law of equity was developed in the Court of Chancery.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
81) The Courts of Chancery originally followed stare decisis and precedent, as did the common law courts.
a. True
b. False
Answer: b
Diff: 2
Type: TF
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
82) Although the Courts of Chancery and common law courts were merged, the bodies of law remain separate today.
a. True
b. False
Answer: a
Diff: 3
Type: TF
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
83) The law of equity simply means fairness in our legal system.
a. True
b. False
Answer: b
Diff: 3
Type: TF
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
84) Subordinate legislation includes regulations and municipal bylaws.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2. - Statutes
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
85) Legislation forms the foundation of our legal system, although judge-made law continues to take precedence over statutes.
a. True
b. False
Answer: b
Diff: 2
Type: TF
Topic: Ch. 2. - Statutes
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
86) Parliamentary supremacy is no longer completely in effect in Canada today.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2 - Law in Canada
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
87) Transfer payment schemes can allow the federal government to exercise some control over how a provincial government operates certain programs that fall with provincial jurisdiction.
a. True
b. False
Answer: a
Diff: 3
Type: TF
Topic: Ch. 2 - Law in Canada
Skill: Applied
Objective: Chapter 2: 5. Identify the three elements of Canada's Constitution.
88) Once a bill has received royal assent, it may be effective immediately or it may be effective on later proclamation.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2 - Legislation
Skill: Applied
Objective: Chapter 2: 7. Detail how legislation is created in the parliamentary system.
89) All provincial bills require royal assent of the Governor General before they can become law.
a. True
b. False
Answer: b
Diff: 3
Type: TF
Topic: Ch. 2 - Legislation
Skill: Applied
Objective: Chapter 2: 7. Detail how legislation is created in the parliamentary system.
90) While the Charter of Rights and Freedoms protects individuals' rights from government abuses, there is still no legislation to protect individuals' rights from abuse by the public.
a. True
b. False
Answer: b
Diff: 2
Type: TF
Topic: Ch. 2 - Canadian Bill of Rights
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
91) Sexual harassment is regarded as a form of discrimination on the basis of gender.
a. True
b. False
Answer: a
Diff: 2
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
92) Legislation prohibiting all prison inmates from voting in federal elections was found to constitute an unjustified denial of the right to vote.
a. True
b. False
Answer: a
Diff: 3
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
93) Everyone in Canada has the right to freedom of conscience and religion.
a. True
b. False
Answer: a
Diff: 3
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
94) There are no limitations to the right of freedom of expression.
a. True
b. False
Answer: b
Diff: 3
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
95) Laws which restrict collective bargaining are not subject to the Charter of Rights and Freedoms.
a. True
b. False
Answer: b
Diff: 3
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
96) The Charter of Rights and Freedoms ensures Canadians can travel and live anywhere within Canada.
a. True
b. False
Answer: a
Diff: 3
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
97) The Charter of Rights and Freedoms expressly prohibits discrimination on the basis of sexual preference.
a. True
b. False
Answer: b
Diff: 3
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
98) Human rights acts prohibit discrimination upon various protected grounds, including gender, religion, ethnic origin, race, age, and disabilities.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
99) Three decades ago, discrimination based on sexual orientation was specifically prohibited.
a. True
b. False
Answer: b
Diff: 1
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2:9. List the areas and grounds upon which human rights legislation prohibits discrimination
100) Private clubs cannot discriminate as to who they will admit as members because discrimination by private facilities is prohibited by the legislation.
a. True
b. False
Answer: b
Diff: 2
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
101) Where protection against discrimination on the basis of sexual orientation has been left out of human rights legislation, the courts have shown a willingness to imply the existence of this protection.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
102) Initially, human rights legislation was designed to stop discrimination against identifiable minority groups in specific areas, such as hotels and restaurants.
a. True
b. False
Answer: a
Diff: 1
Type: TF
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
103) Why is law important?
Answer: It determines how effectively we interact with one another. It governs personal and commercial relationships.
Diff: 1
Type: ES
Topic: Ch. 2 - What Is Law?
Skill: Applied
Objective: Chapter 2: 1. Determine a functional definition of “law.”
104) The type of law that depends on a moral code or morality to define what the law is, is called ________.
Answer: natural law
Diff: 2
Type: ES
Topic: Ch. 2 - What Is Law?
Skill: Recall
Objective: Chapter 2: 1. Determine a functional definition of “law.”
105) The legal theory that defines law in terms of a command by someone in authority is called ________.
Answer: legal positivism
Diff: 1
Type: ES
Topic: Ch. 2 - What Is Law?
Skill: Recall
Objective: Chapter 2: 1. Determine a functional definition of “law.”
106) The theory of law that defined law in terms of what the courts actually do is called ________.
Answer: legal realism
Diff: 1
Type: ES
Topic: Ch. 2 - What Is Law?
Skill: Recall
Objective: Chapter 2: 1. Determine a functional definition of “law.”
107) Contrast substantive law and procedural law.
Answer: Substantive law establishes the rights an individual has in society and the limits on that individual's conduct. Procedural law determines how the substantive laws will be enforced.
Diff: 2
Type: ES
Topic: Ch. 2 - Categories of Law
Skill: Applied
Objective: Chapter 2: 2. Identify the types of law that exist in Canada.
108) Contrast public law and private law.
Answer: Public law includes constitutional law and the laws that affect an individual's relationship with the government. Private law involves the rules that govern our personal, social, and business relations.
Diff: 2
Type: ES
Topic: Ch. 2 - Categories of Law
Skill: Applied
Objective: Chapter 2: 2. Identify the types of law that exist in Canada.
109) What role does the civil code system of law play in Canada?
Answer: Quebec uses a civil code for areas that fall under their jurisdiction.
Diff: 1
Type: ES
Topic: Ch. 2 - Civil Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
110) Explain what role precedent plays in the civil code legal system.
Answer: Prior judges' decisions are merely persuasive, not binding; the code is binding.
Diff: 2
Type: ES
Topic: Ch. 2 - Civil Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
111) When was the last time Quebec revised its Civil Code?
Answer: A new Civil Code in Quebec came into effect on January 1, 1994.
Diff: 3
Type: ES
Topic: Ch. 2 - Civil Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
112) Explain what is meant by “stare decisis.”
Answer: This means essentially "let the decision stand" and involves the process existing in the common law system whereby one judge's decision must be followed by another. This is the system of precedent whereby one judge's decision forms a precedent that must be followed by other judges as made in other cases.
Diff: 2
Type: ES
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
113) Is the B.C. Supreme Court judge bound to follow an Ontario Court of Appeal decision?
Answer: No, it's only at the same level or higher in the same court hierarchy (i.e., the B.C. Court of Appeal, the B.C. Supreme Court) that the decision must be followed. Every judge must follow Supreme Court of Canada decisions, but the Supreme Court of British Columbia need only follow the B.C. Court of Appeal, and the Supreme Court of Canada need not follow the decision of any provinces.
Diff: 2
Type: ES
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
114) What role does the decision made by an Ontario Court of Appeal judge have on a B.C. Supreme Court judge?
Answer: The decision is merely persuasive. It is not binding since that judge is not in the same court hierarchy (i.e., B.C. Court of Appeal, Supreme Court of Canada).
Diff: 2
Type: ES
Topic: Ch. 2 - Common Law Legal System
Skill: Applied
Objective: Chapter 2: 3. Distinguish between common law and civil law.
115) Indicate the three courts that together made up the common law courts.
Answer: court of common pleas, court of king's bench, exchequer court
Diff: 3
Type: ES
Topic: Ch. 2 - Sources of Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
116) The body of rules developed by the court of common pleas, court of king's bench, and exchequer court became known as ________.
Answer: the common law
Diff: 1
Type: ES
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
117) What gives judges flexibility in deciding whether or not to apply a particular precedent?
Answer: While a judge cannot stray very far from the established line of precedents, a judge can "distinguish the facts" by finding essential differences in the facts of the current case and the prior decision.
Diff: 3
Type: ES
Topic: Ch. 2 - Common Law
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
118) Give two examples of other areas of law from which the common law judges borrowed in order to create the common law.
Answer: Roman civil law, canon law or church law, and the law merchant (not equity or the Chancery)
Diff: 3
Type: ES
Topic: Ch. 2 - Common Law
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
119) Explain why the law of equity developed.
Answer: Because of the inequity and harshness of the common law, people petitioned the king for relief. The king appointed the chancellor and eventually the chancellery courts to overcome the inflexibility and harshness of the common law rules. The body of law that developed was equity, and so it can be said that equity developed to supplement the common law because of the inadequacy and rigidity of the common law.
Diff: 2
Type: ES
Topic: Ch. 2 - Equity
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
120) The body of law developed by the Courts of Chancery is called ________.
Answer: equity
Diff: 1
Type: ES
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
121) The law of equity was developed by ________.
Answer: the Courts of Chancery
Diff: 1
Type: ES
Topic: Ch. 2 - Equity
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
122) "If somebody did not like the decision of a judge in the common law court, they could appeal to the Court of Chancery." Indicate what is wrong with that statement.
Answer: The Court of Chancery was a separate court system altogether. You didn't need to appeal from the common law courts to the Courts of Chancery; rather, you went to the Chancery in the first place because you knew that there would be no remedy provided or available in the common law courts.
Diff: 2
Type: ES
Topic: Ch. 2 - Equity
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
123) "The term 'equity' refers to fairness in our legal system." Discuss the accuracy of this statement.
Answer: Equity is the body of law developed by the Courts of Chancery and may or may not be considered fair by today's standards. By the Judicature Acts, the Courts of Chancery and common law courts were merged into one court system, the English High Court of Justice. It must be emphasized that the bodies of law developed (that is, common law and equity) remain separate and distinct bodies of law.
Diff: 3
Type: ES
Topic: Ch. 2 - Equity
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
124) What is a “statute”?
Answer: A statute is a parliamentary or legislative enactment having the force of law. It is sometimes referred to as a bill prior to passage and legislation or an act afterwards.
Diff: 1
Type: ES
Topic: Ch. 2. - Statutes
Skill: Recall
Objective: Chapter 2: 4. Identify the sources of Canadian law.
125) Explain the relationship between regulations and statutes.
Answer: Often a statute will empower a particular government department to develop regulations pursuant to the statutes to enforce or give effect to the provisions of that statute. For example, regulations under the Employment Insurance Act, Workers' Compensation Act, etc., have the force of legislation if they are passed properly pursuant to these statutes.
Diff: 3
Type: ES
Topic: Ch. 2. - Statutes
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
126) Explain why statutes override the common law.
Answer: Because of the principle of parliamentary supremacy, when Parliament passes a statute, it overrides common law or equity and determines the law.
Diff: 2
Type: ES
Topic: Ch. 2. - Statutes
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
127) Which province in Canada continues to use a civil code system?
Answer: Quebec
Diff: 1
Type: ES
Topic: Ch. 2 - Civil Law Legal System
Skill: Recall
Objective: Chapter 2: 3. Distinguish between common law and civil law.
128) "Canada's Constitution is embodied in the British North America Act." Comment on the accuracy of this statement.
Answer: This is incorrect. Canada has a constitution similar to Great Britain’s, which is an unwritten constitution that includes a great many separate constitutional documents such as the Magna Carta, English Bill of Rights, etc. The British North America Act is just one of the elements of Canada’s Constitution. The British North America Act is now referred to as the Constitution Act, 1867.
Diff: 2
Type: ES
Topic: Ch. 2 - Law in Canada
Skill: Applied
Objective: Chapter 2: 5. Identify the three elements of Canada's Constitution.
129) What is the significance of the Constitution Act, 1867?
Answer: It created the Dominion of Canada and, for our purposes today, it divides powers between the federal and provincial governments.
Diff: 1
Type: ES
Topic: Ch. 2 - Confederation
Skill: Applied
Objective: Chapter 2: 5. Identify the three elements of Canada's Constitution.
130) Explain what is the principle of the rule of law?
Answer: This principle protects citizens of Canada from arbitrary action; that is, any government official in Canada must be able to point to some statute or regulation authorizing them to do what they have done.
Diff: 2
Type: ES
Topic: Ch. 2 - Law in Canada
Skill: Applied
Objective: Chapter 2: 5. Identify the three elements of Canada's Constitution.
131) When we speak of parliamentary supremacy in Canada, which is based on a confederation between federal and provincial government, which level of government is supreme?
Answer: Both or neither; sections 91 and 92 divide powers between the federal and provincial governments.
Diff: 2
Type: ES
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
132) Give examples of areas that fall under federal jurisdiction.
Answer: money, banking, postal service, currency, criminal law, appointment of judges to a higher level of provincial and federal courts, aviation, telecommunications
Diff: 2
Type: ES
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
133) Give an example of powers that are given to the Provincial government under Section 92 of the Constitutional Act, 1867.
Answer: hospitals, education, public health, administration of courts, commercial activities carried on at the local level
Diff: 2
Type: ES
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Recall
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
134) When an individual is faced with federal legislation and provincial legislation, both dealing with the same subject matter, which should he obey?
Answer: If the federal legislation is valid, the provincial legislation is valid, and there is no conflict between them (that is, one just sets higher standards than the other), the individual must obey the higher standard. If there is a true conflict between them, however, the principle of paramountcy dictates that the federal legislation be followed.
Diff: 1
Type: ES
Topic: Ch. 2 - Conflicting Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
135) How do transfer-payment schemes help to circumvent the constitutional rigidity created by the division of powers?
Answer: Through such schemes, the federal government can exercise influence over how a provincial government operates programs under provincial control.
Diff: 3
Type: ES
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
136) What are the Revised Statutes of Canada?
Answer: Every so many years the statutes are summarized and brought up to date. When this happens, it is referred as the Revised Statutes. The last time this was done in Canada was 1985. Hence the Revised Statutes of Canada (1985).
Diff: 2
Type: ES
Topic: Ch. 2 - Delegation of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
137) How does the Charter of Rights and Freedoms affect the principle of parliamentary supremacy?
Answer: Prior to 1982, in theory at least, Parliament was supreme. Either the federal government or the provincial government had the power to pass all types of legislation. After 1982, however, the Charter placed limitations on that power, thus redirecting power to the courts and limiting the principle of supremacy of parliament.
Diff: 2
Type: ES
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
138) Why did we need the Charter of Rights and Freedoms?
Answer: Although we relied on the parliamentarians, before the passage of the Charter, to protect basic rights and freedoms, there are enough examples of violations of those basic rights and freedoms in recent times to cast doubt on whether there were sufficient safeguards. Thus, the Charter of Rights and Freedoms was passed to place a check on the power exercised by the parliamentarians.
Diff: 1
Type: ES
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
139) What is the effect of the passage of Charter of Rights and Freedoms on the principle of supremacy of parliament?
Answer: Prior to passage of the Charter, reliance was placed on the parliamentarians to protect basic rights and freedoms. Subsequent to the Charter, that same reliance is now placed on the judges in the court. There has been a transfer of power from the parliamentarians to the courts, and to that extent at least it can be said that parliament is no longer supreme.
Diff: 2
Type: ES
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
140) Explain the limitations on the application of the Charter of Rights and Freedoms.
Answer: The Charter only applies to public matters such as government and the laws they create. This applies to the federal, provincial and municipal levels of government.
Diff: 1
Type: ES
Topic: Ch. 2 - Charter Provisions
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
141) "An individual who is refused service at a restaurant because of her race has had her Charter rights violated." Comment on the accuracy of this statement.
Answer: The Charter of Rights and Freedoms is not intended to cover this situation; it's not a public matter involving government, rather, a private matter between citizens. That must be dealt with by the local human rights legislation in the province. However, if that local human rights legislation does not counter this situation, then that human rights legislation, which is an act of the government, can be challenged under the Charter.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
142) What is a "sunset clause" in the context of limitations on the Charter of Rights and Freedoms?
Answer: A "sunset clause" is applied to the operation of section 33. If the notwithstanding clause is invoked, the statute must be re-enacted by that legislative body every five years.
Diff: 3
Type: ES
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
143) Indicate what kind of personal freedoms are protected under the Charter.
Answer: Freedom of conscience, religion, freedom of belief, opinion, expression, freedom of peaceful assembly and association.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
144) Indicate the kind of democratic rights protected under the Charter.
Answer: The right to vote, the requirement that elections be held on a regular basis, and the requirement that the legislature be elected and sit at least once a year.
Diff: 3
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
145) What kind of rights are protected under the heading of mobility rights in the Charter?
Answer: The rights of Canadians to travel and live anywhere within the geographical limitation of Canada, and the right to earn a livelihood in those areas.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
146) What kind of legal rights are protected under the Charter?
Answer: The rights to life, liberty, and security of person and not to be deprived thereof, except in accordance with the principles of fundamental justice; the right to be free from any unreasonable search and seizures; the right to be free of arbitrary imprisonment; the right to be informed about why we are arrested; the right to retain counsel; the right to be tried within a reasonable time; the presumption of innocence; the right not to be tried twice for the same offence; the right not to be subjected to any cruel and unusual punishment.
Diff: 3
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
147) Explain what is meant by the term "principles of fundamental justice."
Answer: This is similar to the American "due process" or the rules of natural justice. A person is entitled to a fair hearing, including an opportunity to have notice of the charges that are brought against him, an opportunity to speak to those charges, to present his side of the case, the right to cross-examine witnesses if necessary to determine the validity of the accusation or charges, the right to be tried by somebody free of bias.
Diff: 3
Type: ES
Topic: Ch. 2 - Protection of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
148) What kind of equality rights are protected by the Charter of Rights and Freedoms?
Answer: The Charter prohibits discrimination of the bases of sex, religion, race, age, colour, mental or physical disability, and national or ethnic origin. It also states that equality of men and women is guaranteed and that the rights of Aboriginal peoples are guaranteed. (NOTE: section 15 of the Charter is really broader than this and prohibits any form of discrimination.)
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Recall
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
149) How are language rights protected by the Charter of Rights and Freedoms?
Answer: The Charter gives French and English equal status and protects the right of minorities to use those languages, including the right to have your children educated in one of those languages providing it is the first language of the parents or they received their primary education in that language.
Diff: 3
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
150) Explain how the rights set up in the Charter of Rights and Freedoms are limited.
Answer: 1. The Charter only applies to public matters and government relations.
2. Section 1 of the Charter limits the rights and freedoms so that they can be interfered with where to do so could be "demonstrably justified in the free and democratic society." Section 33, the "notwithstanding clause," allows the provinces or the federal government to override section 2 or sections 7–15 by so declaring in the legislation.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
151) Explain how section 1 of the Charter of Rights and Freedoms limits those rights and freedoms.
Answer: Legislation can be passed inconsistent with the rights set out in the Charter of Rights and Freedoms where to do so can be justified in a free and democratic society—in other words, where it is reasonable to do so.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter Provisions
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
152) How does Section 33 limit the rights set out in the Charter of Rights and Freedoms?
Answer: This is the "notwithstanding clause"; it allows the government, for a period of five years, to override the rights set out in sections 2 and 7–15 of the Charter by so stating in the legislation. At the end of five years, such overriding legislation lapses and must be passed again.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter Provisions
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
153) "The Charter of Rights and Freedoms is separate from, and therefore has no bearing on, other human rights legislation." Discuss the accuracy of this statement.
Answer: The statement is inaccurate. Because the Charter requires that every individual have "equal protection and equal benefit of the law", the courts will essentially rewrite human rights legislation that is found to be under-inclusive (such as in Vriend v. Alberta with respect to sexual orientation).
Diff: 3
Type: ES
Topic: Ch. 2 - Charter Provisions
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
154) The term "law" may be defined in a variety of ways. Explain.
Answer: Students should note that is not possible to define law in a single, all-inclusive way, and that philosophers have been trying to define it for centuries. Students should identify the different ways in which law has been defined. In particular, law has been defined in moral terms (natural law theorists), defined by looking at its source (legal positivists), and defined in practical terms (legal realists). For purposes of studying business law, law can be defined as the body of rules that can be enforced by the courts or by other government agencies. Students ought to recognize that this definition of law has limitations, as it does not suggest what is just or moral.
Diff: 1
Type: ES
Topic: Ch. 2 - What Is Law?
Skill: Applied
Objective: Chapter 2: 1. Determine a functional definition of “law.”
155) Explain the relationship between common law and equity in the development of our legal system.
Answer: The student should relate how equity developed and why. The inadequacies of the common law led to the need for equity. Problems with the common law included the fact that stare decisis caused stagnation, and the remedies provided in common law were inadequate. This led to people petitioning the king for relief. Eventually this is taken over by the chancellor, and the Court of Chancery developed. The body of law called equity was developed by the Court of Chancery. It supplements the common law. But the Chancery Courts also became stagnant. Equity also became inadequate and unfair. Eventually the courts merged but not the separate bodies of law.
Equity is the body of law developed by the Courts of Chancery and, although the courts were merged, the bodies of law remain distinct. Today the law of equity is applied by judges along with the common law and statutes.
Diff: 2
Type: ES
Topic: Ch. 2 - Sources of Law
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
156) "In our modern legal system, the term 'equity' in synonymous with fairness." Discuss the accuracy of this statement.
Answer: Students should point out that equity is that body of law developed by the Courts of Chancery and may or may not be fair in modern terms. This requires a discussion of how equity developed and why, as discussed above. The student should comment on the inadequacies of the common law, including the use of stare decisis causing the development of law to stagnate, and the inadequate common law remedies. This led to people petitioning the king for relief. This was taken over by the chancellor and eventually the Court of Chancery developed. Equity then is the body of law developed by the Court of Chancery and it is intended to supplement the common law. But the Chancery Courts also became stagnant with their own serious problems, so much so that the law as administered in those courts was not much better than in the common law courts. Equity then does not mean fairness but that body of law developed in the Courts of Chancery, and it may or may not be fair by today's standards. The two courts' structures were merged but not the bodies of law.
The answer should show that students understand that the law of equity was developed by the Chancery Court and hopefully is fairer than the common law, but that it is a mistake to equate equity with fairness in our legal system.
Diff: 3
Type: ES
Topic: Ch. 2 - Equity
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
157) Explain the relationship between statutes, equity, and common law in our legal system, including a brief discussion on the historical development of these three major aspects of our law.
Answer: Students should explain how equity and common law are judge-made law and that statutes are made by Parliament or by the provincial legislatures. They should also explain that equity was created as a supplement to the common law to overcome its harshness and rigidity. Since Parliament is supreme, its acts override judge-made law, and thus statutes override common law and equity. If there is no overriding statute, a judge will apply either equity or common law, depending on the subject matter and what is asked for in a given case. The constitutional authority of the body passing the statute with reference to the Constitution Act, 1867 and the Charter will determine its validity. The statute will normally only override judge-made law if its provisions are specific and unambiguous.
Students' answers should show that they understand not only what statutes, equity, and common law are as the components that make up our law, but also where they come from and how they are applied in our courts today.
Diff: 2
Type: ES
Topic: Ch. 2 - Sources of Law
Skill: Applied
Objective: Chapter 2: 4. Identify the sources of Canadian law.
158) Explain the role the British North America Act played in Canada's constitutional history.
Answer: Students should describe the nature of Canada's Constitution and the place of the BNA Act in it. They should point out that Canada has a constitution similar to Great Britain's, that it is unwritten in the sense that it is not contained in just one document, and that all of the great English constitutional traditions are also part of our Constitution. These traditions include the rule of law, the Magna Carta, and the supremacy of Parliament. Students should also state that the BNA Act was an act of the British Parliament; that it created Canada as a confederation; that its primary significance today is that it divides powers between the federal and provincial governments; and that today it is called the Constitution Act, 1867.
Students' answers should show that they know not only what the BNA Act is but also how it relates to the other elements of Canada's Constitution and just what the overall nature of that constitution is.
Diff: 1
Type: ES
Topic: Ch. 2 - Confederation
Skill: Applied
Objective: Chapter 2: 5. Identify the three elements of Canada's Constitution.
159) Discuss the constitutional rigidity created by the 1867 division of powers and the means used by the federal and provincial governments to overcome this.
Answer: Students should describe how the Constitution Act, 1867 assigns different powers to the federal government (under s. 91) and to the provincial governments (under s. 92). The key to this question is a discussion of the prohibition on direct delegation. Students should explain how indirect delegation can be used to overcome the problems this creates. Agreements to share powers, such as transfer payment schemes, should also be discussed. Good students will also raise the possibility of constitutional amendment, and the process required to accomplish this. Students would be expected to refer to certain historical examples, such as employment insurance.
Diff: 3
Type: ES
Topic: Ch. 2 - Constitution and Division of Powers
Skill: Applied
Objective: Chapter 2: 6. Explain how legislative power is divided in the Constitution.
160) Compare and contrast provincial and federal passage of bills.
Answer: Students should summarize the traditional passage of bills from both a provincial and a federal perspective, making note of key differences. Provincially, bills are introduced in the Legislative Assembly with a first reading (usually without debate), followed by a second reading (and debate), then review (and possible amendment) by the Committee of the Whole, and a third reading (with final debate and vote). Mention should be made of the requirement of royal assent by the Lieutenant Governor, noting that some legislation is effective immediately while other legislation is not effective until later proclamation. Federally, the process is similar, but not identical. Students should point out that federal bills are subject to three readings in each of two houses (the House of Commons and the Senate), that there are variations involving review by Committee, and that royal assent for federal legislation falls to the Governor General.
Diff: 2
Type: ES
Topic: Ch. 2 - Legislation
Skill: Applied
Objective: Chapter 2: 7. Detail how legislation is created in the parliamentary system.
161) Discuss the significance of the passage of the Charter of Rights and Freedoms in Canada's legal system.
Answer: Students should describe the nature of the Charter of Rights and Freedoms, why it was needed, and how it affected the rest of Canada's legal system. Before the Charter, there were few restrictions on government because of supremacy of parliament. There was a need for overall entrenched rights that controlled the actions of government and government officials and agents including the police. It is important that they indicate that the Charter only applies directly to governments but indirectly affects individuals' relations with each other because provincial and federal human rights legislation and other statutes must conform to the Charter. They should show that the Charter shifts power to the courts, that Parliament is no longer supreme, but also that there is an exception with the notwithstanding clause.
Students' answers should show that they know what the Charter of Rights and Freedoms is, why it was passed, and that it fundamentally altered the relationship between the courts and Parliament in this county.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
162) Discuss any limitations on the application of the Charter of Rights and Freedoms.
Answer: Here students are expected to discuss the three major limitations on the Charter (Sections 33, 32, and 1), but also to explain how those limitations work with respect to the application of the Charter in our courts. They should indicate that the purpose of the Charter was to limit the power of government. Section 32 limits the application of the rights and freedoms specified in the Charter to the federal and the provincial governments. The Charter applies to legislation, regulations, and bylaws passed by all levels of government, and it also applies to actions by government officials carrying out their official functions. The Charter applies to all representatives of the government exercising statutory authority, including police and other law enforcement bodies. The Charter does not apply to private relations between individual persons. Section 33 allows the Parliament or legislature through legislation to override certain sections of the Charter, but they can only override Section 2 and Sections 7 to 15. These are important provisions of the Charter. To override the Charter in this way, they must clearly state that the provision applies notwithstanding the specific provision of the Charter. This must be repeated every 5 years.
Section 1 allows reasonable exceptions to the application of the rights and freedoms listed. They must be reasonably necessary (justified) and must not go further than necessary to accomplish the reasonable goal. Therefore, the rights and freedoms set out in the Charter are not absolute.
Students' answers should show that they understand that the rights and freedoms set out in the Charter are not absolute, that they apply only to government action, and that power has been given to the provinces and federal government to specifically override some important provisions of the Charter.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
163) Discuss why it is important for businesspeople to become familiar with the human rights legislation in force in your province.
Answer: Students should identify the legislation currently in force in your jurisdiction and explain how this legislation applies to the general public. The protected areas (such as public services, employment practices, etc.) should be outlined, and examples of prohibited grounds of discrimination should also be raised. Students should explain how the duty to accommodate those facing discrimination applies, along with exceptions to this rule (e.g., bona fide occupational requirements, etc.). Students' answers should reveal that they understand that compliance with such legislation should be regarded as a necessary cost of doing business.
Diff: 1
Type: ES
Topic: Ch. 2 - Human Rights Legislation
Skill: Applied
Objective: Chapter 2: 8. Describe the rights and freedoms protected by the Charter of Rights and Freedoms.
164) Explain the role of human rights tribunals.
Answer:
Both the federal and the provincial governments have set up special human rights tribunals authorized to hear complaints of human rights violations, to investigate, and, where appropriate, to impose significant sanctions and remedies. There are time limits to consider: a complaint before the CHRC, for example, must be filed within 12 months of the alleged incident. The Commission then proceeds to attempt settlement of the complaint through mediation and investigation. If all else fails, a tribunal hearing is convened.
Diff: 2
Type: ES
Topic: Ch. 2 - Charter of Rights and Freedoms
Skill: Applied
Objective: Chapter 2: 9. List the areas and grounds upon which human rights legislation prohibits discrimination
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