Deck 7: The Justice System

Question 1

Which of the following is not a central principle of Canada's justice system?

A) judicial independence
B) judicial impartiality
C) the rule of law
D) separation of church and Crown

Answer 1

D

Question 2

What is the right not to be detained without cause or due process known as?

A) mens rea
B) habeas corpus
C) Magna Carta
D) terra nullius

Answer 2

B

Question 3

Prior to the introduction of the Charter in 1982, the federal government suspended Canadian's habeas corpus rights on ________ under the ________.

A) seven occasions; the British North America Act
B) three occasions; the War Measures Act
C) one occasion; the Emergency Act
D) zero occasions; principle of responsible government

Answer 3

B

Question 4

Judicial impartiality is the principle:

A) by which judges are appointed by all-party commissions.
B) by which judges decide cases based on evidence and an objective interpretation of the law
C) that requires crown attorneys to prove their case beyond a reasonable doubt
D) that requires prime ministers to refrain from placing political pressure on attorneys general

Question 5

To guard against the possibility of impartiality, Canadians:

A) have the right to appeal lower-court judgments, provided they have reasonable grounds to believe the judge acted in a biased manner.
B) directly elect judges to appellate courts.
C) directly elect Crown attorneys.
D) may petition the court to remove a sitting judge.

Question 6

Judicial independence is the principle by which:

A) Canadians may represent themselves in court if they so choose.
B) judges are free from political interference when deciding cases.
C) judges cannot be members of a political party.
D) judges may adjudicate cases involving provinces separating from Confederation.

Question 7

Which of the following exists as a safeguard to preserve judicial independence in Canada?

A) sitting judges cannot be prosecuted for crimes
B) sitting judges cannot be sued in civil rights cases
C) Justices of the Supreme Court decide which cases they will hear
D) None of the above

Question 8

What are public laws?

A) rules governing individuals' relationships to the state and society
B) rules governing the relationships between citizens
C) rules passed by referendum
D) rules adjudicated in open court

Question 9

What is a legal system based on customs, usage, and precedent known as?

A) tort law
B) common law
C) civil law
D) None of the above

Question 10

Private law in Canada is built on two distinct legal systems: __________ and __________.

A) American-style tort law; British-style criminal law
B) British-style common law; Roman-style civil law
C) French-style code law; Indigenous legal traditions
D) English-language courts; French-language courts

Question 11

What is Canada's legal order that is based on a written code?

A) common law system
B) constitutional monarchy
C) civil law system
D) conventional law system

Question 12

What is the highest-ranking elected legal officer in a jurisdiction known as?

A) minister of justice
B) solicitor general
C) attorney general
D) prime minister

Question 13

What is the branch of public law in which judges decide whether a government official or body has acted within its mandate or statutory authority?

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

Question 14

In Canada, the definition of crimes falls under which jurisdiction?

A) provincial
B) federal
C) municipal
D) All of the above

Question 15

Restorative justice:

A) is drawn from Indigenous traditions.
B) emphasizes repairing relationships between offenders, their victims, and the community.
C) a set of principles that emphasizes punitive sentences, incarceration, and restitution (i.e. an eye for an eye)
D) Both A and B

Question 16

A(n) ________ is a lawyer who acts on behalf of the government when deciding how to pursue criminal cases.

A) special prosecutor
B) attorney general
C) defense attorney
D) Crown attorney

Question 17

Which of the following statements is not correct?

A) Superior court judges are appointed by the federal government.
B) The precise names of superior courts vary across the country.
C) Superior courts hear reference cases from the federal government.
D) Superior courts preside over divorce cases, serious criminal and civil cases, appeals from lower courts, and review decisions made by provincial agencies, boards and commissions and tribunals.

Question 18

The Supreme Court of Canada consists of ________ justices and one chief justice, and became Canada's highest judicial authority in Canada in ________.

A) eight; 1875
B) thirteen; 1875
C) two; 1949
D) eight; 1949

Question 19

The RCMP falls under the direction of which federal portfolio?

A) minister of public safety and emergency preparedness
B) minister of public services
C) minister of justice
D) attorney general

Question 20

Which of the following statements is correct?

A) Constitutionally, most policing falls under provincial jurisdiction in Canada .
B) Most provinces have devolved authority over city policing to municipal governments .
C) Most provinces contract the RCMP to deliver police services in rural areas.
D) All of the above

Question 21

Which of the following are areas of federal law that are enforced by the RCMP?

A) customs and excise
B) crimes involving fraud or counterfeiting
C) smuggling
D) All of the above

Question 22

Which of the following provinces does not operate its own province-wide police force?

A) Ontario
B) Quebec
C) British Columbia
D) Newfoundland & Labrador

Question 23

What is court-ordered temporary detention for accused offenders awaiting trial?

A) lock-down
B) incarceration
C) remand
D) community custody

Question 24

Which of the following statements is false?

A) Canada's justice system is highly federalized.
B) Adult incarceration rates in Canada are lower than the United States and Mexico, but higher than many European countries.
C) The federal government is responsible for the Criminal Code.
D) The federal government administers the adult criminal system, while provinces maintain their own youth criminal justice systems.

Question 25

Quebec's civil code contains ________ and serves as a foundation for laws covering all ________ matters.

A) unwritten rules; public law
B) ten books; private law
C) amending formulas; constitutional
D) written rules; criminal

Question 26

What is a proceeding initiated by the government to seek the court's opinion on the constitutionality of a piece of legislation known as?

A) test case
B) free case
C) reference case
D) review case

Question 27

What was Prime Minister Pierre Trudeau responding to when he used the famous line, "just watch me"?

A) the removal of Canadians' civil liberties
B) the establishment of the RCMP as Canada's national police force
C) the prospective removal of a Supreme Court justice
D) the scrapping of Quebec's civil law system

Question 28

Which of the following does not align with the concept of judicial independence?

A) judges are afforded security of tenure
B) judges' salaries are determined at arms-length from government
C) politicians are barred from publicly commenting on ongoing cases before the courts
D) judges are selected by governments

Question 29

Which of the following is a major function that the courts fulfill?

A) guardianship over the legal system through judicial review
B) adjudication of disputes between Canadians, their governments, their businesses, and other organizations through court cases
C) guidance of Canada's democratic systems through commissions of inquiry
D) All of the above

Question 30

According to the Supreme Court Act, how many of the nine judges on the Supreme Court must be appointed from Quebec?

A) at least one
B) three
C) no more than four
D) five

Question 31

What makes the case R. v. Jordan (2016) noteworthy?

A) It established maximum periods between a person being charged and their trial.
B) It determined that mandatory minimum sentences were unconstitutional.
C) It found the prime minister cannot interfere with the prosecutorial independence of the attorney general.
D) It established that solitary confinement was a cruel and unjust punishment.

Question 32

In Canada, the rule of law:

A) does not apply to judges.
B) ensures that any political powers granted to public officials must be conferred by legislation.
C) applies only to private law.
D) applies only to public law.

Question 33

In Canada, habeas corpus rights have been removed:

A) during each of the two world wars
B) following the 9/11 terrorist attacks
C) during the H1N1 flu pandemic
D) All of the above

Question 34

Which of the following developments does not help alleviate the backlog of cases in Canada's criminal justice system?

A) the re-instatement of the two-for-one credit for time served in remand
B) the remedies spelled out in R v. Jordan (1996)
C) hiring more Crown attorneys
D) the use of alternative justice mechanisms, like drug treatment courts

Question 35

Which of the following is not an accurate description of judicial impartiality in Canada?

A) It exists to protect judges.
B) It is enshrined in the Charter of Rights and Freedoms.
C) It involves assuming Canadians are innocent until proven guilty.
D) It means judges must make decisions based on the laws in question and the facts presented.

Question 36

Which of the following facilities does not fall under provincial jurisdiction in Canada?

A) maximum security penitentiaries
B) jails
C) youth detention centres
D) remand centres

Question 37

What is the main factor determining whether a convicted criminal will spend time in a provincial or federal facility?

A) the closeness of the facility to his or her home
B) the length of the sentence
C) whether the crime committed fell under federal or provincial jurisdiction
D) the minister of justice's recommendation to the court

Question 38

Governments have never removed Canadians' habeas corpus rights:

A) in the event of domestic terrorism.
B) outside wartime.
C) without invoking the notwithstanding clause.
D) since the October Crisis in 1970.

Question 39

The SNC-Lavalin affair holds lessons in:

A) the value and risk in fusing the offices of the attorney general and minister of justice.
B) the challenges of maintaining prosecutorial independence.
C) the difficulty of separating the politics and administration of justice.
D) All of the above

Question 40

Which of the following is not a common criticism of the judicial appointments process in Canada?

A) the screening process for Supreme Court justices is too politicized
B) judges are selected based on close party ties with the government of the day
C) unelected senators have too much power in terms of confirming Supreme Court justices
D) the vetting process falls short of preventing patronage appointments to the bench

Question 41

Commissions like the National Inquiry into Missing and Murdered Indigenous Women and Girls are often chaired by:

A) ministers of justice
B) deputy ministers
C) active or retired judges
D) National Indigenous Organization leaders

Question 42

Which of the following is not true of justices of the peace in Canada?

A) they are provincial-level appointees
B) they provide mediation services between Canada and its international partners.
C) most are empowered to conduct hearings outside or before formal court proceedings
D) in larger provinces, they preside over cases involving minor offenses

Question 43

Which of the following initiatives does not help address the overload of Canada's justice system?

A) expanding the scope of practice for justices of the peace
B) expanding the use of restorative justice measures
C) expanding the use of community custody measures
D) building larger remand centres

Question 44

Which of the following officials is directly elected to their position by the Canadian people?

A) the federal attorney general
B) the Chief Justice of the Supreme Court
C) Crown attorneys
D) None of the above

Question 45

When do most Canadian judges leave the bench?

A) when they reach mandatory retirement age
B) upon death
C) after a single term of six years
D) just prior to a formal investigation into their fitness to serve

Question 46

Which metaphor best describes Canada's legalized cannabis regime?

A) a living tree
B) a patchwork of different provincial frameworks
C) a seamless blanket of common national regulations
D) a passport system whereby the laws of one province automatically apply to others

Question 47

How are prospective Supreme Court justices first identified for screening?

A) by advisory boards
B) by online application
C) by caucus vote
D) by all party committee

Question 48

In which decade did the October Crisis take place?

A) the 1940s
B) the 2010s
C) the 1970s
D) None of the above

Question 49

Which of the following represents a recent reform to the way Supreme Court justices are selected in Canada?

A) nominees appear before parliamentary committees
B) provinces hold nominee elections to create a pool of candidates from which the governor general can choose
C) justices are appointed to 5-year renewable terms
D) All of the above

Question 50

The autonomy of the attorney general to make prosecutorial decisions without political interference aligns well with the concept of:

A) judicial impartiality
B) civil law
C) rule of law
D) common law

Question 51

Quebec's private laws are based on the civil code, and its public laws are based on common law.

Question 52

The October Crisis remains the only time in which Canadians habeas corpus rights were suspended outside the two world wars.

Question 53

The decisions of administrative tribunals, like human rights commissions, are final and cannot be appealed in court.

Question 54

Since the 1970s, the federal government has reached a number of tripartite agreements with First Nations bands and provincial governments to establish First Nations police forces on reserve.

Question 55

Private laws are legal rules that impact society as a whole.

Question 56

Common law is based in the notion that judicial decisions represent the common customs of the community.

Question 57

Investigations into the malpractice of Canadian judges are exceedingly rare.

Question 58

Broadly speaking, provincial/territorial governments in Canada have authority over the definition of criminal law, while civil law and the administration of justice are matters of federal jurisdiction.

Question 59

Criminal law falls under the realm of public law.

Question 60

In some provinces, the four roles of justice minister, public safety minister, attorney general, and solicitor general are filled by the same member of cabinet.

Question 61

Judges or juries in criminal cases in Canada render verdicts based on a balance of probabilities.

Question 62

Plaintiffs in civil cases in Canada must prove their cases beyond a reasonable doubt.

Question 63

In criminal cases, the burden of proof rests with the Crown; accused persons are deemed innocent until proven guilty.

Question 64

Criminal laws in Canada only apply to individual citizens, not to private parties such as businesses, unions, interest groups, and other organizations.

Question 65

In each province and territory except Nunavut, there are two levels of courts: provincial/territorial courts, whose judges are appointed by the provincial/territorial justice minster; and superior courts, whose judges are appointed by the federal justice minister.

Question 66

The Tax Court of Canada is administered by both the provincial/territorial and federal governments.

Question 67

Attorneys general and solicitors general are offices of the legislature and their occupants do not attend cabinet meetings.

Question 68

In Canada, Crown attorneys are appointed by governments and not elected by voters.

Question 69

Removal of a federally appointed judge would require a joint resolution by the House of Commons and the Senate, something that has never occurred in Canadian history.

Question 70

Administration of Canada's correctional system rests entirely within the jurisdiction of the federal government.

Question 71

Quebec's civil law system deals with both criminal and non-criminal matters.

Question 72

The process of judicial review allows the courts to assess the laws and actions of governments to ensure that they are consistent with constitution.

Question 73

The courts have played a major role in the evolution of Canadian federalism.

Question 74

Judges with active party memberships are ineligible for promotion to a higher court.

Question 75

Provincial governments have devolved the authority to define crimes to the municipal level.

Question 76

The principle of judicial independence allows the Supreme Court of Canada to determine which cases they hear.

Question 77

The principle of judicial independence prevents the removal of a federally appointed judge under any circumstance.

Question 78

The maintenance of Canada's correctional system is solely a federal responsibility.

Question 79

To preserve judicial independence, the governor general appoints justices directly to the Supreme Court without advice from the prime minister.

Question 80

The federal government appoints superior court judges such that only lawyers from another province are eligible to serve on a jurisdiction's highest court.