Deck 2: The Canadian Legal System

Question 1

What level of government possesses the required constitutional jurisdiction to change laws that affect property?

A) federal; paramount jurisdiction
B) provincial; exclusive jurisdiction
C) municipal; concurrent jurisdiction
D) provincial; delegated jurisdiction

Answer 1

B

Question 2

What classification of law would a provincial statute restricting the display of tobacco products in retail outlets fall under?

A) private law
B) public and domestic law
C) common law and private law
D) procedural law

Answer 2

B

Question 3

What is the source of the law that governs lawmaking authority within the Canadian legal system?

A) parliamentary bills
B) constitutional law
C) the Civil Code
D) constitutional conventions

Answer 3

B

Question 4

To which level of government would a business make an application for a property zoning variance, and why?

A) municipal government; direct constitutional jurisdiction
B) municipal government; concurrent constitutional jurisdiction
C) municipal government; provincial constitutional delegation of authority
D) federal government; exclusive jurisdiction to regulate zoning

Question 5

The government enacted new legislation prohibiting retailers from displaying tobacco products except at the moment of sale at the till. Which of the following best describes the legal basis for a business to challenge the new law?

A) The new law is a violation of the commercial freedom of businesses and is therefore unconstitutional.
B) The new law interferes with freedom of expression, which is protected under section 2 (b) of the Canadian Charter of Rights and Freedoms.
C) The new law is likely to be ineffective in reducing the number of people who smoke or take up smoking.
D) The government has no legal right to control how businesses choose to display a legal product, because such matters are private law, not public law.

Question 6

Which of the following is a possible legal justification for upholding a provincial law that prohibits the display of tobacco products in retail outlets?

A) If the government can show that the law reduces the incidence of smoking, the law may constitute a reasonable limit on freedom of expression.
B) The provincial government has sole jurisdiction over business activity.
C) The provincial governments have delegated jurisdiction.
D) The new tobacco law is constitutional because it protects health, and health concerns always override business concerns.

Question 7

Of the following statements, which is most accurate regarding the executive branch of government?

A) The executive branch of government consists of the prime minister and the premiers of the provinces and territories.
B) The executive branch of government provides rulings to resolve existing legal conflicts.
C) The executive branch of government passes laws that impact business operations.
D) The executive branch of government includes the formal executive and the political executive.

Question 8

What is the legal status of the office of prime minister in Canada?

A) The office of prime minister is an example of a constitutional convention.
B) The office of prime minister does not really exist.
C) The office of prime minister is set out in the Constitution Act, 1867.
D) The office of prime minister is set out in the Canadian Charter of Rights and Freedoms.

Question 9

Who holds the office of chief executive of the federal government?

A) the appointed governor general
B) Elizabeth II, as reigning Queen of England
C) the duly elected prime minister of Canada
D) the appointed chief senatorial officer

Question 10

The Province of Newfoundland and Labrador enacted new regulations to better control hazardous waste disposal throughout the province. What type of law should specialized waste control businesses operating in Newfoundland and Labrador refer to in order to ensure their commercial activities are legally compliant?

A) civil law
B) statute law
C) equitable law
D) common law

Question 11

Why is it important for businesses to monitor government policy?

A) Rules and regulations are periodically revised.
B) It is the machinery that regulates government.
C) It provides rulings that resolve existing disputes.
D) It can be overwhelming and very technical.

Question 12

In determining a constitutional challenge, the Supreme Court of Canada upheld the federal government's bilingual language rights legislation. Which of the following exemplifies the reason for the Court's decision?

A) The Supreme Court's decision follows the doctrine of paramountcy.
B) The Court's decision does not apply in the province of Quebec.
C) Regulating language law falls within federal government jurisdiction.
D) The Supreme Court's decisions must uphold the public interest.

Question 13

Which of the following is a required element in the procedure for passing federal legislation through Parliament?

A) a majority vote by Commons committee and approval by Senate
B) a quorum vote in the House of Commons and by the Senate
C) a majority vote of the members in the House of Commons and in the Senate
D) an approval by the House of Commons and by the Senate committee

Question 14

Which legislature is the lower chamber to the Senate?

A) the Legislative Assembly of British Columbia
B) the Parliament of Canada
C) the House of Assembly of Nova Scotia
D) the House of Commons

Question 15

Which of the following outcomes is dictated by the doctrine of paramountcy in circumstances where conflicting federal and provincial laws cannot be reconciled?

A) The federal law prevails, except in Quebec.
B) The superior law prevails.
C) Concurrent provincial law prevails.
D) The provincial law prevails.

Question 16

Which governing bodies are the primary regulators of business activities in Canada?

A) the federal and municipal governments
B) the Senates of the federal and provincial governments
C) the federal and provincial governments
D) the provincial and municipal governments

Question 17

Which of the following exemplifies the powers granted to a government with jurisdictional authority to regulate crime?

A) regulate criminal justice in the provinces
B) define crimes, establish precedents, and set penalties
C) define crimes, establish laws, and set penalties
D) regulate criminal sanctions in the Civil Code of Quebec

Question 18

In which areas is the federal government given exclusive jurisdiction to make law by the Canadian Constitution?

A) currency, trade, national defence
B) administration of justice, trade, national defence
C) interprovincial trade and commerce, highway regulation, licensing
D) criminal law, administration of justice, hospitals

Question 19

Which legislative body in Canada is composed of the House of Commons and the Senate?

A) the Parliament of Canada
B) the House of Assembly
C) the Supreme Court of Canada
D) the Legislative Assembly

Question 20

What is the paramount function of Canadian constitutional law?

A) It sets a parliamentary code of ethics.
B) It creates structure for ceremonial policy.
C) It establishes Canada's deference to British Parliament.
D) It establishes Canada's structure of legal authority.

Question 21

What is the defining characteristic of procedural law?

A) It is a set of laws defining individual rights, duties, and liabilities.
B) It regulates the relationship between persons and governments.
C) It governs procedure for the enforcement of rights, duties, and liabilities.
D) It governs procedure for the enforcement of the Civil Code.

Question 22

Quest Electrical Engineers Inc. contractually committed to provide specialized services to a construction project with specified deadlines for completion. Quest has to meet deadlines or face penalties. What type of law governs the relationship and conduct of the parties to this contract?

A) common law
B) corporate law
C) public law
D) private law

Question 23

Which of the following actions does royal prerogative give the Crown an exclusive right to perform in Canada?

A) give politicians immunity
B) overrule laws enacted by Parliament
C) overturn decisions of the Supreme Court
D) declare war on enemies of the state

Question 24

What characteristic distinguishes Quebec's civil law from Canada's common law?

A) Civil law courts are not bound by earlier interpretations of the Code.
B) Civil law courts hear only matters of public law disputes.
C) Civil law judges are provincially elected for one five-year term.
D) Civil law courts do not have to consider legislation.

Question 25

A hospital board of directors granted absolute authority to physicians to arbitrarily withdraw life support from patients. The board's authority to grant such power was quickly challenged and overturned in the courts. What type of law had to be applied to constrain the hospital board's authority?

A) criminal law
B) constitutional law
C) administrative law
D) equity law

Question 26

What is the judicial branch of government in Canada composed of?

A) the system of various levels of courts in Canada
B) the judiciary and the system of various levels of courts
C) a judiciary appointed by the governor general
D) the judiciary and federal and provincial prosecutors

Question 27

What is a distinguishing characteristic of a treaty?

A) A treaty is the sole law governing relations between nations.
B) A treaty is a set of coded laws to regulate relations.
C) A treaty governs relationships between Canada's provinces.
D) A treaty can exist between nations governed by international law.

Question 28

A recent decision of the Supreme Court of Canada established a new ground of entitlement to spousal support under the federal Divorce Act. Which of the following describes the effect the decision will have on provincial family law courts determining spousal support cases?

A) Provincial courts will seek exemption under the "notwithstanding clause."
B) The decision applies only to support cases outside of the province of Quebec.
C) Superior court decisions must be followed and applied by all inferior courts.
D) Courts apply the new law if it complies with the parties' religious convictions.

Question 29

What is the least likely source of law in Canada?

A) common law
B) public opinion
C) Civil Code
D) royal prerogative

Question 30

The decisions of the Supreme Court of Canada are best described as:

A) binding on all other courts in all Canadian jurisdictions
B) limited to constitutional matters
C) binding only on the government
D) always appeals from the Federal Court of Canada

Question 31

Which of the following best describes the defining characteristics of public law?

A) It regulates relationships between governments and individuals.
B) It provides rules concerning rights and obligations of business.
C) It focuses on fairness according to strict rules of common law.
D) It contains the rules of law in the Civil Code of Quebec.

Question 32

What attribute distinguishes substantive law from other forms of law?

A) It defines rights, duties, and liabilities.
B) It defines international legal status.
C) It defines the relationship between governments.
D) It defines procedures under the Charter.

Question 33

What form of private law is applied in Quebec courts?

A) the Civic Code of Quebec
B) the Civil Code of Quebec
C) the Quebec Civil Law Code
D) the Civil Law Code

Question 34

An accomplished lawyer accepts an appointment by the justice minister to the position of judge in the Provincial Court of Manitoba. What gives the minister authority to appoint this court's judges?

A) Provinces have jurisdiction to appoint judges to superior courts.
B) The province can use parliamentary prerogative to appoint judges.
C) Provinces have jurisdiction to appoint judges to inferior courts.
D) Canada's governments share concurrent jurisdiction to appoint judges.

Question 35

Rules of equity focus on what would be fair given the specific circumstances of the case, as opposed to which of the following?

A) what the strict rules of common law might dictate
B) law that governs relations between states
C) the internal set of laws of a given country
D) law governing agreements between states

Question 36

Which of the following is an example of a provincially appointed administrative body?

A) the Radio-television and Telecommunications Commission (CRTC)
B) the Securities Commission
C) the Food and Drug Agency
D) the Atomic Energy Commission

Question 37

What are the basic levels of courts that make up the Canadian court system?

A) trial, informal appeal, and final appeal courts
B) trial, intermediate appeal, and final court of appeal
C) informal trial, formal trial, and final appeal courts
D) pre-trial, trial, and appeal courts

Question 38

Canadian environmental activists are sometimes charged with offences for actions taken during their protests. Which of the following might constitute a basis for activists to challenge convictions arising out of their protest activities?

A) the Charter rights of freedom of peaceful assembly and freedom of association
B) the doctrine of paramountcy
C) the common law right to freedom of expression
D) the notwithstanding clause

Question 39

What is a distinguishing characteristic of the principle of precedent law?

A) It is based on a Civil Code.
B) It applies only in Quebec courts.
C) Individual freedoms are valued.
D) Like cases should be treated alike.

Question 40

Which of the following is an example of a federal administrative body that plays a role in regulating activity?

A) the Securities Commission
B) the Board of Health
C) the Canadian Radio-television and Telecommunications Commission (CRTC)
D) the Liquor Control Board

Question 41

The rights and authority of municipal governments are protected by the Constitution Act.

Question 42

The judicial branch of government includes the courts and the legislatures.

Question 43

Which of the following best reflects the high value Canadians place on the political philosophy of liberalism?

A) Canada regulates privacy with laws restricting government access to persons and property.
B) Canadians have elected more majority Liberal governments than NDP or Conservative.
C) Public outcry forced the Green Party leader's acceptance in federal election debates.
D) Governments willingly and promptly comply with access to information requests.

Question 44

Canada's federal Parliament is composed of the House of Commons and the Senate.

Question 45

What are the three branches of government provided for by the Canadian Constitution?

A) legislative, executive, judicial
B) federal, provincial, municipal
C) legislative, executive, representative
D) legislative, representative, judicial

Question 46

Federal and provincial legislatures are constitutionally provided with the authority to appoint judges within specified judicial jurisdictions.

Question 47

The Constitution Act makes the provincial governments subordinate to the federal government in cases of overlapping jurisdiction.

Question 48

The judges in Canada's higher courts are appointed, and those in the lower courts are elected.

Question 49

There are no limits on the guarantees of rights and freedoms established by the Charter of Rights and Freedoms.

Question 50

What are the rules of equity?

A) rules that set out the correct procedures to follow in court
B) rules that require wrongdoers to compensate their victims for losses
C) rules that focus on what would be fair given the specific circumstances of the case
D) strict rules that dictate the outcome of particular disputes

Question 51

All municipalities in Canada are created by provincial legislation.

Question 52

Public law deals with the regulation of relationships between individuals and government.

Question 53

A provincial government cannot enact environmental legislation that would conflict with federal environmental legislation because it is an area of exclusive federal jurisdiction.

Question 54

A province wants to challenge an appeal court's decision regarding the prevention of continued ground water contamination now posing a significant health risk to people, wildlife, and plants living in the ecosystem to the Supreme Court. Which of the following would immediately signify the Supreme Court's agreement to hear the challenge, and why it would consider this appeal?

A) leave to appeal; significant or national concern
B) consent to appeal; provincial challenges
C) consent to appeal; jurisdiction
D) permission to appeal; national public concern

Question 55

A federal bill must be approved by a vote in the House of Commons in order to pass the first reading.

Question 56

The new Criminal Code of Newfoundland would be enforced by the courts because it would not be contrary to the Canadian Constitution to do so.

Question 57

Which level of government should Nantucket Sleigh Rides, Inc., lobby for regulated roadway access to sell horse-drawn sleigh rides to patrons of downtown business establishments from December through February?

A) provincial government
B) federal government
C) municipal government
D) federal and provincial governments

Question 58

The legislative branch of government is the source of statute law.

Question 59

Public health and the environment are constitutionally undefined as areas of concurrent jurisdiction shared between the federal and provincial governments.

Question 60

In circumstances of alleged conflict between federal and provincial legislation, the doctrine of paramountcy generally would not be applicable where an individual or business is able to simply obey the stricter law and thereby comply with both pieces of legislation.

Question 61

The principle of precedent holds that all precedents are not of equal value, meaning the higher the level of court that created the precedent, the less weight it brings to bear on the common law system.

Question 62

Identify the nature of the question that Rothmans would use to challenge Saskatchewan's power wall ban under its Tobacco Control Act. Briefly explain how the government of Saskatchewan would be required to respond to such a challenge. Identify and briefly explain what actions the Supreme Court of Canada would take and the source of its authority to do so in the event that a Rothmans challenge was able to demonstrate that Saskatchewan's Tobacco Control Act violated a Charter provision and the provincial government failed to prove its legislation met the standard set by s. 1 of the Charter.

Question 63

Name the branches that make up the Canadian government, describe their function, and specifically identify the body that represents each branch and carries out its function.

Question 64

Identify and briefly describe the statement made by Madam Justice Wilson with respect to the Supreme Court of Canada's view that in Canadian society, a liberal and democratic system of government is not just about majority rule.

Question 65

Briefly describe the benefits to be derived by businesses being aware of government policy and the status of regulations affecting their operations, as well as the consequences of being unaware of the same.

Question 66

Briefly describe what is meant by the statement "Canada has a federal form of government."

Question 67

The early English court of equity established rules that focus on what would be fair given the specific circumstances of a case, as opposed to what the a strict application of the common law might dictate.

Question 68

Substantive law is the internal law of a given country, which includes both statute and case law.

Question 69

Briefly describe the circumstances under which the guarantee of Canadians' rights and freedoms provided under the Canadian Charter of Rights and Freedoms is permitted to be limited.

Question 70

A bill put before a legislative body represents a proposed piece of legislation that a political party wants to make into law.

Question 71

Municipal legislation compelling the annual payment of a fee pertaining to the licensing of dog ownership requires the enactment of a bylaw.

Question 72

Briefly describe the origins of the common law system and the civil law system as they exist in Canada and the comparable and contrasting characteristics of each system of law.