Deck 12: The Judiciary and the Bureaucracy

Question 1

Which of the following writs is normally restricted to immigration cases?

A)injunctions
B)certiorari
C)habeas corpus
D)mandamus

Answer 1

C

Question 2

Which section of the Constitution Act of 1867 grants the provinces exclusive authority over the administration of justice in the provinces?

A)Section 91!
B)Section 92!
C)Section 96!
D)Section 99!

Answer 2

B

Question 3

The courts do NOT have the authority to review administrative actions.

Answer 3

False
The courts do have administrative authority to review administration actions.

Question 4

Which court is considered the highest court in the land?

A)Federal Court
B)Federal Court of Appeal
C)Military Court
D)Supreme Court of Canada

Question 5

Which type of law deals with relations between the government and individual citizens, including dealing with legal limitation on the actions of government officials?

A)common law
B)administrative law
C)civil law
D)constitutional law

Question 6

Which of the following cases sought reimbursement for social assistances payments made to recent immigrants who were the responsibility of private sponsors?

A)Canada v Mavi
B)Roncarelli v Duplessis
C)Halpern v Attorney General of Canada et al.
D)R v Eldridge

Question 7

Any type of breach of rules concerning natural justice is grounds that can be used to review the legality of an administrative action.

Question 8

Which section of the Constitution Act of 1867 confers on the federal parliament exclusive jurisdiction over the making of criminal law?

A)Section 91!
B)Section 96!
C)Section 99!
D)Section 100!

Question 9

Which of the following courts have provincially appointed judges?

A)appellate division of provincial superior courts
B)trial division of provincial superior courts
C)Supreme Court of Canada
D)juvenile courts

Question 10

Liquor Control Board of Ontario v.Vin De Garde Wine Club involved a government agency instead of a private individual.

Question 11

Which type of writ is issued by a superior court to quash a decision already taken by an inferior tribunal?

A)prohibition
B)mandamus
C)certiorari
D)habeas corpus

Question 12

What is a mandamus?

A)It is a writ to restrain a tribunal from taking a certain action.
B)It is a writ used to compel an inferior tribunal to exercise the authority conferred on it by statute.
C)It brings a detained person to court in order to determine if the detention is legal.
D)It is used when an inferior tribunal is required to refrain from taking some specified action beyond its powers.

Question 13

Which of the following are the most frequently used writs in Canada?

A)prohibition and certiorari
B)prohibition and mandamus
C)prohibition and habeas corpus
D)mandamus and habeas corpus

Question 14

What type of law is derived from custom and judicial precedent?

A)civil law
B)common law
C)constitutional law
D)administrative law

Question 15

Which section of the Charter protects individuals from discrimination based on race, colour, religion, and sex?

A)Section 7!
B)Section 8!
C)Section 15!
D)Section 25!

Question 16

What was the premise of the Charkaoui case?

A)a case that involved hospitals that refused to provide sign-language interpreters to deaf patients
B)a case that involved a Toronto clerk who declined to issue a civil marriage license to gay and lesbian couples
C)a case that involved examining the duties of customs officers, specifically their role in targeting obscene books from entering Canada
D)a case that involved evaluating the process of issuing security certificates to arrest a suspected terrorist living in Canada

Question 17

The judiciary is independent from the executive and the legislative branches of government.

Question 18

The structure of the judicial system is determined by the Constitution Act of 1867.

Question 19

Who has the power to appoint and remove all judges found in the upper tier of provincial courts?

A)the provincial government
B)the governor-general
C)the federal government
D)an independent provincial tribunal

Question 20

What does ultra vires mean?

A)"hear the other side"
B)"no one should be a judge in his or her own case"
C)"first among equals"
D)"beyond the power"

Question 21

Only appointed officials located in departments are vulnerable to court action.

Question 22

Damages were awarded against the attorney-general and premier of Quebec in the case of Roncarelli v.Duplessis.

Question 23

Section 35 of the Constitution Act 1982 recognizes treaty rights of Aboriginal Peoples of Canada.

Question 24

Section 7 of the Charter of Rights and Freedoms stipulates that everyone has the right to be secure against unreasonable search and seizure.

Question 25

The remedy of awarding damages is only available for administrative functions.