Question 1

The provincial government passed legislation that made a new kind of consumer scam a criminal act. Audrey was charged under the legislation. She can successfully defend herself by saying that the legislation is unconstitutional.

Accepted Answer

If Audrey can demonstrate that the legislation infringes upon rights or freedoms guaranteed by the constitution, or exceeds the provincial government's legislative authority under the constitution, she may successfully argue that the legislation is unconstitutional, potentially invalidating the charges against her.

Question 2

The Minister of Justice for the Parliament of Canada has made an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada This would be an example of substantive private law that has been codified from the Common Law.

Accepted Answer

This would be an example of public law, specifically regulatory law, as it pertains to the regulation of firearms by the government, affecting the public at large rather than private relationships between individuals.

Question 3

The Barrel-o'-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above the knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length skirt. If Jacqueline had a case, it would be under the equality rights section of the Charter.

Accepted Answer

Jacqueline could argue that the dress code discriminates based on gender, violating equality rights under the Charter, which protects against discrimination.

Question 4

Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. The CRTC will apply the principles of equity in deciding whether to grant Ned's licence.

Accepted Answer

The answer of Ned Stogers wishes to set up a...

Question 5

The Minister of Justice for the Parliament of Canada hmade an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada. Peters, who later violates this new law by being found in possession of a restricted weapon, will be charged with a violation of the law by the Crown but will not be sued for damages.

Accepted Answer

In criminal law, violations like possession of a restricted weapon are prosecuted by the state (the Crown) and do not typically involve suing for damages, which is a civil matter.

Question 6

Online electronic consolidation of statute changes have made printed statute books obsolete.

Accepted Answer

Online electronic consolidation of statute changes allows for real-time updates and easy access to the most current version of statutes, making printed statute books outdated.

Question 7

The Barrel-o'-Beer Pub has a dress code for waitresses which require their skirts to be 10 cm above the knee. There is no dress code for waiters. Jacqueline is fired for refusing to shorten her knee-length skirt. Since the Charter doesn't apply to private businesses like the Barrel-o'-Beer, Jacqueline has no recourse against her former employer.

Accepted Answer

The Charter may not apply directly to private businesses, but employment laws and human rights legislation at the provincial or federal level in many jurisdictions protect employees from discrimination and unequal treatment based on gender, which could provide Jacqueline with recourse against her employer.

Question 8

The Minister of Justice for the Parliament of Canada has made an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada. If the government has a majority of seats in the House of Commons, the bill may be passed with two readings and then sent to the Senate.

Accepted Answer

In Canada, a bill must go through three readings in the House of Commons, not just two, before it can be sent to the Senate for further consideration.

Question 9

The government of Great Britain is seeking, under a treaty, to extradite Ann to face murder charges. She is a Canadian citizen. Ann argues that she has the right under the Charter to remain in Canada. The Supreme Court of Canada would uphold her extradition.

Accepted Answer

The Supreme Court of Canada would likely uphold her extradition as the Charter of Rights and Freedoms does not provide an absolute right for Canadian citizens to avoid extradition. Extradition processes are governed by treaties and the Extradition Act, which includes considerations for legal rights but does not automatically prevent extradition based on citizenship alone.

Question 10

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. Mary's rights and obligations in relation to contracts are part of the procedural law.

Accepted Answer

Mary's rights and obligations in relation to contracts are part of substantive law, which defines the rights and duties of people in society, as opposed to procedural law, which outlines the steps and processes for enforcing those rights and duties.

Question 11

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. If the judge did not use the Common Law in this case, she would have to rely on the theory of precedent instead.

Accepted Answer

The theory of precedent, also known as stare decisis, is a fundamental principle of Common Law, meaning that if the judge is not using legislation, relying on precedent is essentially relying on Common Law principles.

Question 12

Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. The CRTC is an administrative tribunal.

Accepted Answer

The Canadian Radio-television and Telecommunications Commission (CRTC) is an administrative tribunal that regulates and supervises broadcasting and telecommunications in Canada, ensuring that the content and services provided meet the diverse needs of Canadians, including specific demographic groups like senior citizens.

Question 13

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 modern law concerning commercial matters such as this has grown out of the ancient Law Merchant.

Accepted Answer

The modern law concerning commercial matters, including contracts and breaches thereof, has indeed evolved from the ancient Law Merchant, which was a body of commercial law used by merchants throughout Europe during the medieval period. This body of law has influenced the development of modern commercial law, which deals with issues such as contracts, sales of goods, and breaches of such agreements.

Question 14

The Minister of Justice for the Parliament of Canada has made an announcement that the federal government will introduce legislation to regulate the use and ownership of firearms in Canada. The new law will be proclaimed before it receives royal assent.

Accepted Answer

In Canada, a new law cannot be proclaimed before it receives royal assent. Royal assent is the final step required for a parliamentary bill to become law after it has been passed by both the House of Commons and the Senate.

Question 15

Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. The CRTC, which hears applications and grants licences for new radio stations, may make laws governing its affairs that will affect Ned although it is not a government.

Accepted Answer

The CRTC (Canadian Radio-television and Telecommunications Commission) is a regulatory agency that operates independently of the government but has the authority to make regulations affecting broadcasting and telecommunications in Canada.

Question 16

Tom, who is 14, wishes to vote in the next provincial election. Since he is a Canadian citizen, there is no means by which he can be prevented from exercising his right under the Charter to vote.

Accepted Answer

In Canada, the legal voting age for federal and provincial elections is 18 years old, so a 14-year-old, regardless of citizenship, cannot vote.

Question 17

Ned Stogers wishes to set up a radio station that caters exclusively to the music preferences of senior citizens in a major metropolitan Canadian city. Most of the laws that affect Ned's application are the procedural laws of precedent.

Accepted Answer

The laws affecting Ned's application for setting up a radio station would primarily involve regulatory and licensing laws governed by the Canadian Radio-television and Telecommunications Commission (CRTC), not procedural laws of precedent.

Question 18

Suppose the government of Alberta passed legislation that conflicted with rights under s. 8 of the Charter, and the Supreme Court of Canada struck down the legislation. The government of Alberta can pass the legislation under s. 33(1) of the Charter and it cannot be challenged in the courts because of the protection offered by s. 33(1).

Accepted Answer

Section 33(1) of the Canadian Charter of Rights and Freedoms, known as the "notwithstanding clause," allows provincial or federal governments to pass legislation that operates notwithstanding certain Charter rights, including s. 8, for a renewable period of five years.

Question 19

By placing its proposed same sex marriage legislation before the Supreme Court of Canada, the federal government received the assurance that it had the power to define civil marriage as a lawful union between two persons, and the reminder that freedom of religion could not compel religious groups to change their practices.

Accepted Answer

The Canadian federal government referred its proposed same-sex marriage legislation to the Supreme Court of Canada in 2004 (Reference re Same-Sex Marriage), which confirmed the government's authority to define marriage and also acknowledged that religious freedom would protect religious groups from being forced to perform same-sex marriages against their beliefs.

Question 20

New Brunswick is the only officially bilingual province in Canada.

Accepted Answer

New Brunswick is the only Canadian province that is officially bilingual, recognizing both English and French as official languages at the provincial level.

Quiz 1: The Law and the Legal System