Canadian Courts Overview
48 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary jurisdiction of the Tax Court of Canada?

  • Income tax appeals (correct)
  • Criminal cases
  • Family law
  • Civil appeals

    • The Supreme Court is appointed by the provincial governments.

    False

    How many judges does the Supreme Court of Canada comprise?

    Nine

    The ________ courts handle crime and offences, small claims, youth, and traffic in Saskatchewan.

    <p>provincial</p> Signup and view all the answers

    Match the following courts to their functions:

    <p>Provincial Court = Handles crime, small claims, and traffic Court of King's Bench = Civil, family, and criminal appeals Court of Appeal = Decisions of lower courts and administrative tribunals Supreme Court = Court of last resort in Canada</p> Signup and view all the answers

    Which section of the Constitution Act 1867 outlines the federal government's powers regarding criminal law?

    <p>S91(27)</p> Signup and view all the answers

    Provincial Courts have authority over provincial laws and administration of justice.

    <p>True</p> Signup and view all the answers

    What role does the Parliament of Canada have regarding the judges' salaries?

    <p>It fixes and provides salaries, allowances, and pensions for judges.</p> Signup and view all the answers

    Who has the authority to appoint judges in Canada?

    <p>The Governor General in Council</p> Signup and view all the answers

    To qualify as a judge, a person must have at least 10 years of experience at the bar in any province.

    <p>True</p> Signup and view all the answers

    What is the minimum tenure required for a judge from Quebec to be appointed?

    <p>10 years</p> Signup and view all the answers

    Judges must be appointed by the _____ in Council.

    <p>Governor General</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>Compliance = The act of following judicial decisions Coercion = Enforcement of judicial decisions by the executive Legitimacy = Acceptance of judicial authority by the public Representation = Includes diversity in gender and race among judges</p> Signup and view all the answers

    What is a core issue with all judiciaries?

    <p>No enforcement capacity</p> Signup and view all the answers

    Quebec judges can be seen as partisan in disputes involving their province.

    <p>False</p> Signup and view all the answers

    What is one source of legitimacy for a judiciary?

    <p>Well-reasoned, non-partisan decisions</p> Signup and view all the answers

    What problem is associated with majoritarianism in legislative actions?

    <p>It can lead to majoritarian tyranny</p> Signup and view all the answers

    The role of defining rights should be left solely to judicial bodies.

    <p>False</p> Signup and view all the answers

    What is the main argument against an unelected judiciary's ability to overturn decisions made by elected legislators?

    <p>Counter-majoritarian difficulty</p> Signup and view all the answers

    Under _____ form judicial review, judicial decisions are binding on legislators.

    <p>strong</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Majoritarianism = Rule by the majority Judicial Review = Court’s power to invalidate legislation Counter-majoritarian difficulty = Challenge to judicial authority in a democracy Weak Form Judicial Review = Legislatures can overturn judicial decisions</p> Signup and view all the answers

    Under the BNA Act, which form of judicial review allows the judiciary to invalidate legislation?

    <p>Strong form</p> Signup and view all the answers

    In Canada's constitutional framework, legislation can be amended to align with the Bill of Rights easily.

    <p>False</p> Signup and view all the answers

    According to the supremacy clause s52, the constitution of Canada is the _____ law of Canada.

    <p>supreme</p> Signup and view all the answers

    What does the governor in council do regarding important legal questions?

    <p>May refer them to the court for hearing and consideration</p> Signup and view all the answers

    The advisory opinions given by the Supreme Court of Canada are always binding.

    <p>False</p> Signup and view all the answers

    What must the court do when a reference is made by the governor in council?

    <p>Hear and consider the questions and provide its opinion with reasons.</p> Signup and view all the answers

    According to the legal convention, the SCC cannot contradict their own _____ for future litigation.

    <p>advice</p> Signup and view all the answers

    Match the following descriptions to their correct term:

    <p>Representative Democracy = Selection of representatives through accepted procedures Advisory Opinion = Legal advice that is not binding Governor in Council = Authority to refer important legal questions Justiciability Doctrine = Concerns over whether a matter is appropriate for court adjudication</p> Signup and view all the answers

    What is the role of the Cabinet in relation to the Supreme Court of Canada?

    <p>They seek public advice and expect a public response</p> Signup and view all the answers

    An appeal lies to the Court from an opinion pronounced by the highest court of final resort in a province.

    <p>True</p> Signup and view all the answers

    Democracy is characterized as the rule of the _____ .

    <p>people</p> Signup and view all the answers

    What is the purpose of the Notwithstanding Clause (s33) in the Charter of Rights and Freedoms?

    <p>To allow Parliament or the legislature to bypass certain charter provisions temporarily</p> Signup and view all the answers

    The Charter of Rights and Freedoms binds only the federal government.

    <p>False</p> Signup and view all the answers

    What is the rule for amending the Constitution of Canada as per the Charter?

    <p>7/50 rule</p> Signup and view all the answers

    The supremacy clause offers a textual basis for ________ form judicial review.

    <p>strong</p> Signup and view all the answers

    Match the following aspects of the Charter with their descriptions:

    <p>s33 = Notwithstanding Clause Judicial interpretation = Last word on defining rights Entrenched bill of rights = Part of the Constitution SFJR = Default form of review</p> Signup and view all the answers

    What is a characteristic of the statutory bill of rights?

    <p>It is always subordinate to the Charter.</p> Signup and view all the answers

    Judicial interpretation reflects a juristocracy where judges have perceived authority over legislative bodies.

    <p>True</p> Signup and view all the answers

    What happens to a declaration made under s33 after five years?

    <p>It ceases to have effect.</p> Signup and view all the answers

    Which of the following rights is considered 'without reach'?

    <p>Citizen's right to vote for Parliament</p> Signup and view all the answers

    Bill 21 pertains to the religious neutrality of the state in Quebec.

    <p>True</p> Signup and view all the answers

    What was the primary purpose of the pre-emptive use of NWC?

    <p>To block litigation of rights</p> Signup and view all the answers

    The right to not be arbitrarily ______ or imprisoned is a fundamental human right.

    <p>detained</p> Signup and view all the answers

    Match the provinces with their respective issues:

    <p>Saskatchewan = Back-to-work legislation Alberta = Same-sex marriage Ontario = Electoral finance Quebec = Bill 21 - Laïcité</p> Signup and view all the answers

    Which of the following statements about NWC is correct?

    <p>It limits rights against liberal courts.</p> Signup and view all the answers

    The use of NWC has been historically limited to the years between 1982 and 2015.

    <p>False</p> Signup and view all the answers

    What did the CAQ government justify regarding Bill 21?

    <p>It has brought social peace.</p> Signup and view all the answers

    Study Notes

    Provincial Courts

    • Provincial courts administer justice, including procedures for civil matters within their province.
    • Provincial courts possess inherent general jurisdiction and follow federal and provincial laws.
    • Criminal law, with the exception of court constitution aspects, falls under provincial jurisdiction, but procedure in criminal matters is a provincial court responsibility.
    • Provincial criminal procedure is uniform across the country.

    Federal Courts

    • The Governor-General appoints judges for superior, district and county courts (excluding those in NS and NB).
    • Salaries, allowances, and pensions of these judges are paid by the Parliament.
    • Federal courts are responsible for Canadian laws.
    • Default cases are heard in provincial courts.
    • Specialized courts are established for cases like tax appeals (e.g., Canadian tax court).

    Supreme Court

    • The Supreme Court is appointed by the Governor-General and advised by the Prime Minister.
    • There's no constitutionalized role for provincial courts in the Supreme Court.
    • A minimum of three Quebec (QC) judges are required.
    • Territorial representation for judges is regulated.
    • The court has a system to balance civil and common law traditions.

    Judges

    • Federal Courts: A chief justice and 8 puisne judges are required
    • Appointment is by the Governor General, in council by Letters Patent
    • Judges must be either current or former judges of a prior province court
    • Judges must have a minimum recognized standing in the court.
    • Judges are appointed from among advocates of the Province of Quebec.

    Judicial Review

    • The Supreme Court handles appeals of cases coming from provincial courts and acts as the highest court.
    • Certain cases may be referred to the Supreme Court, involving matters of significance.
    • Parliament defines the Court's jurisdiction, and this power is based on the power of reference.
    • The Supreme Court has the power to interpret the constitution in cases of conflicting legislation.

    Studying That Suits You

    Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

    Quiz Team

    Related Documents

    Canada's Judicial System PDF

    Description

    This quiz covers the structure and functions of Canadian courts, including provincial, federal, and the Supreme Court. It highlights the jurisdictions, appointment of judges, and the responsibilities of each court level. Test your knowledge of the Canadian judicial system with this comprehensive quiz.

    More Like This

    Legal Elements of Contract Formation and Court System Quiz
    5 questions

    Legal Elements of Contract Formation and Court System Quiz

    ImpeccableWilliamsite avatar
    ImpeccableWilliamsite
    Law and Courts in Canada
    37 questions

    Law and Courts in Canada

    BlissfulGrossular6519 avatar
    BlissfulGrossular6519
    Canada's Court System Overview
    28 questions

    Canada's Court System Overview

    VersatileAndradite avatar
    VersatileAndradite
    Federal Court of Canada Overview
    15 questions

    Federal Court of Canada Overview

    MonumentalWilliamsite953 avatar
    MonumentalWilliamsite953
    Use Quizgecko on...
    Browser
    Open
    Browser
    Browser