Question 1

The government of the province has introduced a bill into the legislature to make the recycling of household garbage mandatory. Once it has passed third reading, the next step is that it must be

Accepted Answer

Once a bill has passed third reading in a provincial legislature, it is given final approval by the Lieutenant-Governor, who signs it into law, making it mandatory for household garbage to be recycled. The other options are not the next step in the process.

Question 2

Mary is suing Arthur because he breached a contract to sell her 2,000 tonnes of first-grade steel. There is no legislation that deals with the issue between them. The judge will make her decision based on the Common Law about this sort of issue.

Accepted Answer

Common Law is a set of legal principles developed through court decisions and it governs contractual relationships in the absence of statutory law. Therefore, the judge will make a decision based on the Common Law since there is no legislation that deals with the issue between Mary and Arthur.

Question 3

A small Ontario town passes a bylaw which says that shop signs must be only in English. A butcher's shop which caters to the local German-speaking population is charged with infringing the bylaw and the proprietor raises s. 2(b) of the Charter in his defence.

Accepted Answer

Section 2(b) of the Charter protects freedom of expression, which includes commercial expression. In this case, the butcher's shop's sign is a form of commercial expression that serves to inform the German-speaking population of the availability of their services. The purpose of the bylaw is to promote the use of English in public spaces, but this does not outweigh the right to freedom of expression. Therefore, the proprietor may argue that the bylaw infringes their freedom of expression protected under s. 2(b) of the Charter.

Question 4

Which Canadian provinces utilize the Common Law system?

Accepted Answer

The provinces of British Columbia, Alberta, Saskatchewan and Manitoba utilize the Common Law system.

Question 5

When judges apply the principle of stare decisis in deciding a case before them they are, in effect, applying the

Accepted Answer

The answer of When judges apply the principle of stare...

Question 6

Maxine, an accountant annoyed with her employer for telling her that her work was substandard, created a computer virus that would erase key accounting data if Maxine's name was removed from the payroll. This is a crime under the Criminal Code. If Maxine is caught, she will be

Accepted Answer

The Criminal Code is a public law and contains criminal offences that are prosecuted by the Crown. Maxine's actions fall under the offence of mischief, which is a criminal offence under the Criminal Code. If caught, Maxine will be prosecuted by the Crown, not sued by her employer.

Question 7

The Alberta Court of Appeal wrote a judicial decision defining a Vespa gas-powered scooter as a motor vehicle pursuant to the Highway Traffic Act. According to the principle of stare decisis, which of the following courts would have to apply this decision in determining whether Vespa scooters required a licence plate?

Accepted Answer

The principle of stare decisis requires lower courts within the same jurisdiction to follow the decisions of higher courts. Since the Alberta Court of Appeal is a higher court within Alberta, the Alberta Provincial Court, being a lower court in the same jurisdiction, would be required to apply this decision. Courts in other provinces or at the federal level, like the Supreme Court of Canada, are not bound by decisions from a provincial court of appeal.

Question 8

The federal government placed new legislation before Parliament regarding the regulation of telecommunication companies. Which of the following statements is not true?

Accepted Answer

The answer of The federal government placed new legislation before...

Question 9

Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. Jill's copyright in the textbook is protected everywhere in Canada.

Accepted Answer

The federal Copyright Act protects Jill's copyright in the textbook everywhere in Canada, and only she or an authorized person may reproduce its contents.

Question 10

In response to the growing number of traffic deaths resulting from alcohol-related accidents, many provinces amended existing laws to permit their police forces to conduct arbitrary roadside checks to try to discourage drunk driving. When this practice was challenged in the courts as an infringement of s. 9 of the Charter,

Accepted Answer

Counsel for the Crown would argue that the roadside checks are permissible under s. 1 of the Charter, which allows for reasonable limitations on rights and freedoms in a free and democratic society. The goal of reducing alcohol-related traffic deaths is a pressing and substantial objective, and the roadside checks are rationally connected to that objective. The minimal intrusion on individuals' privacy is outweighed by the public interest in reducing drunk driving.

Question 11

The Simpson brothers have applied to the Liquor Licence Board of the province for a wine and beer licence for their new restaurant. Which of the following is not true?

Accepted Answer

This statement is not entirely true as agencies and boards such as the Liquor Licence Board are established by elected representatives of the provincial legislature to carry out specific functions within their delegated authority. However, the statement is true in that these agencies are part of the expanding government regulation of private citizens and businesses. The remaining statements are all true. The Liquor Licence Board is an administrative tribunal and its decisions become part of the administrative law of the province. The Simpsons will deal with civil servants rather than elected representatives while applying for their licence. Finally, the right to make its own rules and procedures is delegated to the board, subject to the approval of the legislature.

Question 12

If it were decided to amend the Constitution to make ownership of property a right, it would be necessary to have the agreement of
i. at least two-thirds of the provinces, which together make up at least half of the population of Canada.
ii. at least half of the provinces, which together make up at least two-thirds of the population of Canada.
iii. more than half of the members of the federal Parliament.
iv. at least two-thirds of the members of the federal Parliament.
v. all ten provinces.

Accepted Answer

The answer of If it were decided to amend the...

Question 13

Nova Scotia has rules of court that state a party who commences a lawsuit must provide the other party's to the lawsuit with a copy of the document setting out their claim. The function of the rules of court is to

Accepted Answer

The answer of Nova Scotia has rules of court that...

Question 14

Under the Canadian Constitution the federal government has exclusive jurisdiction over which types of laws:

Accepted Answer

Under the Canadian Constitution, the federal government has exclusive jurisdiction over a number of areas, including trade and commerce, criminal law, and bankruptcy and insolvency law. Choice B is incorrect because incorporation of companies falls under provincial jurisdiction. Choice C is incorrect because the solemnization of marriage is also within provincial jurisdiction, except for marriage involving certain federal employees. Choice D and E are incorrect for the same reasons as B and C.

Question 15

Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. Jill's rights are an example of a legal privilege.

Accepted Answer

This is because under the Copyright Act, the owner of a copyrighted work has exclusive rights to reproduce the work or authorize its reproduction. This privilege is granted to the owner as a means of protecting their intellectual property rights.

Question 16

Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. The Copyright Act is an example of a statute.

Accepted Answer

The statement is true as the Copyright Act is a federal statute that sets the rules for the protection of original works of authorship, including literary, dramatic, musical, and artistic works, such as Jill's mathematics textbook.

Question 17

The government of Saskatchewan passed a statute that allocates water on the North Saskatchewan River. The function of this legislation is to

Accepted Answer

The answer of The government of Saskatchewan passed a statute...

Question 18

The provincial legislature is about to pass a piece of legislation that conflicts with one of the following rights. It had intended to do so under s. 33(1), the notwithstanding clause, but has just found out that s. 33 is not effective against this right. Which of the following is it?

Accepted Answer

The right to vote is protected under sections of the Canadian Charter of Rights and Freedoms that cannot be overridden by the notwithstanding clause (section 33). This clause allows federal or provincial legislation to temporarily override certain sections of the Charter, but it does not apply to democratic rights, including the right to vote, outlined in sections 3-5, nor does it apply to mobility rights or language rights.

Question 19

The Big Time Construction Company is erecting a large office tower for a major commercial property developer. In the course of construction, a dispute arises as to the timing of cash advances from the developer to finance the next stage of construction. The parties had executed a contract between them which stated that each cash advance from the developer would be provided to the builder after the work on the previous stage had been completed and inspected by the developer. The builder now says that the developer is delaying the inspections and that it cannot carry on to the next stage without the cash advance. The developer says that the builder is deliberately delaying the progress of the construction by not beginning the next stage while it waits for the inspection required to release the next cash advance. The developer intends to take legal action against the builder.

Accepted Answer

The answer of The Big Time Construction Company is erecting...

Question 20

Jill has written a mathematics textbook. Under the federal Copyright Act, only she or someone authorized by her may reproduce the contents of the book. The Copyright Act can be found at R.S.C. 1985. "R.S.C." stands for "Revised Statutes of Canada."

Accepted Answer

The answer of Jill has written a mathematics textbook. Under...

Quiz 1: The Law and the Legal System