Question 1

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

Accepted Answer

This is outlined in Section 96 of the Constitution Act, 1867.

Question 2

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?

Accepted Answer

The answer is "leave to appeal; significant or national concern" because leave to appeal is the process by which the Supreme Court decides whether or not to hear an appeal. It requires the party seeking to appeal to demonstrate that the case raises a significant legal issue or is of national importance. In this scenario, the ground water contamination posing a significant health risk qualifies as a significant issue of national concern. Therefore, if the Supreme Court grants leave to appeal, it indicates that the court agrees that this issue is significant and warrants consideration at the highest level.

Question 3

The Charter is a powerful constitutional document because it provides protection from improper or oppressive government conduct.

Accepted Answer

The Charter of Rights and Freedoms in Canada is a powerful constitutional document that protects the fundamental freedoms and rights of individuals from government infringement. It outlines legal safeguards against improper or oppressive government conduct and provides various remedies for individuals whose constitutional rights have been violated.

Question 4

Inferior courts are presided over by judges appointed by the provincial government.

Accepted Answer

Inferior courts in Canada are established by the provinces and territories and are presided over by judges appointed by the provincial or territorial government.

Question 5

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

Accepted Answer

The principle of separation of powers ensures that the judiciary operates independently from the legislative and executive branches to maintain checks and balances within a government.

Question 6

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

Accepted Answer

The judicial branch of government includes the courts, but the legislatures are part of the legislative branch, not the judicial branch.

Question 7

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.

Accepted Answer

The answer of The new Criminal Code of Newfoundland would...

Question 8

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

Accepted Answer

The Charter of Rights and Freedoms allows for certain limits on rights and freedoms through the "reasonable limits clause" (Section 1), which permits the government to limit rights and freedoms if it can be demonstrably justified in a free and democratic society.

Question 9

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

Accepted Answer

Public law governs the relationship between individuals and the state, including constitutional, administrative, and criminal law.

Question 10

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

Accepted Answer

Canada's regulation of privacy with laws restricting government access to persons and property reflects the liberal value of protecting individual rights and freedoms from government intrusion.

Question 11

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

Accepted Answer

The answer of The rights and authority of municipal governments...

Question 12

What are the rules of equity?

Accepted Answer

Equity focuses on fairness and justice, considering the specific circumstances of each case to provide a fair outcome, rather than strictly adhering to rigid rules.

Question 13

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

Accepted Answer

In Canada, judges in both higher and lower courts are appointed, not elected.

Question 14

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

Accepted Answer

Environmental legislation is a shared jurisdiction in Canada, meaning both federal and provincial governments can enact laws, as long as they do not conflict with each other.

Question 15

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

Accepted Answer

This is true, Canada's federal Parliament is composed of two chambers - the House of Commons and the Senate.

Question 16

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?

Accepted Answer

Municipal (local) government is responsible for regulating roadways and issuing permits for businesses operating in their jurisdiction. Therefore, Nantucket Sleigh Rides, Inc. should lobby the municipal government for regulated roadway access.

Question 17

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

Accepted Answer

The Canadian Constitution establishes three branches of government: the legislative, executive, and judicial branches.

Question 18

Section 1 of the Charter requires the government to justify why it is infringing a right,as well as to demonstrate that,in doing so,it is restricting the right in question in a reasonably measured,controlled,and appropriate way.

Accepted Answer

Section 1 of the Charter does require the government to justify its infringement of a right and to demonstrate that it is a reasonable limitation.

Question 19

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

Accepted Answer

In Canada, public health and the environment are areas where both the federal and provincial governments have powers, but this division of powers is not explicitly defined in the Constitution. Instead, it has been shaped by legislation, court rulings, and practice over time, leading to a complex interplay of jurisdictional responsibilities.

Question 20

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

Accepted Answer

According to Section 91 of the Constitution Act, the federal government has authority over issues such as national defense, banking, and foreign affairs, while Section 92 outlines areas of provincial responsibility such as education, health care, and natural resources. However, in cases where there is overlapping jurisdiction, the federal government's authority supersedes that of the provinces. This is known as the doctrine of federal paramountcy.

Quiz 2: The Canadian Legal System