Canadian Law and Rights Quiz
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Questions and Answers

Which of the following is NOT a socio-economic factor that can lead to a change in law?

  • Technological advancements
  • Changes in values
  • The price of tea (correct)
  • Increased space exploration
  • The Charter of Rights and Freedoms was established in 1992

    False (B)

    What legal action can be taken in court when a law is found to violate the Charter of Rights and Freedoms?

    The court can declare the law unconstitutional and strike it down.

    The increase in population between the 1930s and 2000s, which tripled, led to more ______ requiring new laws

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

    Match the individual with their respective action or contribution to legal change:

    <p>Louis Riel = Fought for Metis rights Nelson Mandela = Fought for Black rights in South Africa Sue Rodriguez = Challenged laws related to security of the person via medical rights</p> Signup and view all the answers

    Which of the following best describes the concept of Parliamentary Supremacy?

    <p>The principle that Parliament has the ultimate authority in creating laws. (D)</p> Signup and view all the answers

    According to natural law theory, human laws should ideally contradict natural laws to foster a well-functioning society.

    <p>False (B)</p> Signup and view all the answers

    What is the primary difference between a custom and a convention?

    <p>A custom is a long-established way of doing something, while a convention is an unwritten, usually political rule.</p> Signup and view all the answers

    The principle that judges operate independently of the government is known as ______.

    <p>Judicial Independence</p> Signup and view all the answers

    Match the following historical influences with their contributions to Canadian law:

    <p>Ancient Greek Civilization = Democracy, Jury Roman Civilization = Coded laws, lawyers Aboriginal Influences = Checks and balances British Influences = Case/Common Law, Innocent until proven guilty</p> Signup and view all the answers

    Which of these concepts has had a big impact on human rights legislation?

    <p>The Holocaust (C)</p> Signup and view all the answers

    Positive law theorists believe that justice is achieved through the natural order of things.

    <p>False (B)</p> Signup and view all the answers

    According to legal realism, how should law be examined?

    <p>Law should be examined in a realistic manner rather than a purely theoretical one.</p> Signup and view all the answers

    What was the primary goal of Bill 101?

    <p>To ensure the survival of the French language (C)</p> Signup and view all the answers

    The 1980 Quebec referendum resulted in a clear victory for the separatist movement.

    <p>False (B)</p> Signup and view all the answers

    What key event led to increased support for separatism in Quebec between the 1980 and 1995 referendums?

    <p>The Constitution Act of 1982 being passed without Quebec's consent</p> Signup and view all the answers

    The _______ Act was put forth by liberal federalists to clarify the rules for a province to separate from Canada.

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

    Match the following individuals with their roles during the Quebec referendums:

    <p>Rene Levesque = Premier of Quebec, advocating for sovereignty in 1980 Jacques Parizeau = Premier of Quebec, advocating for separation in 1995 Federal government = Pushed for a 'no' vote in the 1980 referendum</p> Signup and view all the answers

    What was a key concern for Natives in the Quebec during the 1995 referendum regarding separation of Quebec from Canada?

    <p>The uncertainty of their status (B)</p> Signup and view all the answers

    The Clarity Act was embraced by the Quebec government as it gave a clear avenue towards sovereignty.

    <p>False (B)</p> Signup and view all the answers

    What were two key powers the Quebec government wanted in the 1980 referendum?

    <p>Exclusive power to make laws and levy taxes</p> Signup and view all the answers

    Which of the following was NOT a reason for the League of Nation's failure?

    <p>The United States was a member (A)</p> Signup and view all the answers

    The International Court of Justice (ICJ) can hear disputes involving organizations.

    <p>False (B)</p> Signup and view all the answers

    What is the main objective of the League of Nations?

    <p>To prevent war and maintain world peace through discussion instead of war.</p> Signup and view all the answers

    The ICJ is composed of 15 judges who serve a _______ year term.

    <p>9</p> Signup and view all the answers

    Match the following cases with the countries involved:

    <p>Legality of Use of Force = Serbia and Montenegro v. Canada Fisheries Jurisdiction Case = Spain v. Canada International boundary off the coast of Canada = Canada and USA</p> Signup and view all the answers

    What is one of the two primary roles of the International Court of Justice?

    <p>To settle legal disputes submitted by states (B)</p> Signup and view all the answers

    The ICJ can enforce its judgments through the Security Council, but permanent members can veto any enforcement measures.

    <p>True (A)</p> Signup and view all the answers

    What are two examples of issues that the ICJ provides advisory opinions on?

    <p>human rights, UN membership, nuclear weapons</p> Signup and view all the answers

    Under the UN charter, which of the following is generally considered an acceptable justification for the use of force?

    <p>Self-defense against an imminent attack (D)</p> Signup and view all the answers

    The UN Security Council can authorize the use of force to end unjust hostilities.

    <p>True (A)</p> Signup and view all the answers

    What is a core concept behind deterrence theory?

    <p>The idea that a country will not attack another because it will retaliate with nuclear weapons.</p> Signup and view all the answers

    The 1974 UN declaration provided a definition of ______.

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

    Match the following scenarios with their acceptability under international law regarding the use of force:

    <p>Israel attacking a nuclear reactor inside Iraq in 1981 = Not Acceptable Israel attacking Egypt in 1967 due to an imminent threat = Acceptable U.S. invading Iraq based on non-imminent threats = Not Acceptable The UN Security Council use of force to end unjust hostilities = Acceptable</p> Signup and view all the answers

    What did the Royal Proclamation of 1763 state regarding Aboriginal land?

    <p>Aboriginal people could only sell land to the crown. (B)</p> Signup and view all the answers

    The Indian Act of 1876 recognized Aboriginal self-government.

    <p>False (B)</p> Signup and view all the answers

    What was the primary goal of the White Paper of 1969 regarding Aboriginal people?

    <p>assimilation into Euro-Canadian culture</p> Signup and view all the answers

    Claims based on the fact that there is still Aboriginal title of land are called ______ Land Claims.

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

    Match the following cases with their significance:

    <p>R.v.Marshall = Dealt with Indigenous fishing rights R.v.Drybones = Established that federal laws that contravened the Canadian Bill of Rights were invalid Calder et al.v.B.C.attorney general = Recognized the existence of Aboriginal title R.v.Sparrow = Affirmed the existence of aboriginal rights under Section 35 of the Constitution</p> Signup and view all the answers

    According to the content, what is state sovereignty?

    <p>The right for a country to apply its own laws and govern itself. (B)</p> Signup and view all the answers

    The White Paper of 1969 was fully embraced by Aboriginal leaders.

    <p>False (B)</p> Signup and view all the answers

    What is Affirmative Action?

    <p>not defined in the text</p> Signup and view all the answers

    Flashcards

    Technological Changes

    The growth of technology, such as transportation advancements, multinational businesses, globalization, and space exploration, can lead to new laws or changes in existing ones.

    Demographic Changes

    Population shifts and changes, like an increase in emigration, can necessitate new laws to address the evolving needs of a society.

    Changes in Values

    Changes in societal values, as seen in the aftermath of WWII, can lead to the development of new laws to protect human rights and punish crimes against humanity.

    National Emergencies

    When nations face emergencies like wars or pandemics, they may implement temporary or permanent legal changes to manage the situation.

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    Challenging Laws in Court

    Through legal challenges in court, individuals can advocate for changes in laws they believe are outdated or violate fundamental rights.

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    Parliamentary Supremacy

    The principle that Parliament holds the highest authority in making Canadian laws. They can create, change, or abolish any law.

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    Case Law

    Laws that are based on precedents set by previous court decisions.

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    Customs

    Long-standing practices that have become accepted as rules, even if they are not written down.

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    Conventions

    Unwritten rules that govern political behavior, often based on tradition and agreement.

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    Natural Law

    A type of law based on natural principles that are believed to be universal and unchanging.

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    Positive Law

    Laws that are created by human authorities, such as governments.

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    Judicial Independence

    The belief that judges should be independent of political pressure when making decisions.

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    Legal Realism

    A way of looking at law in a practical way, examining real-world situations and how law affects people.

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    Royal Proclamation of 1763

    A declaration by King George III after Britain defeated New France, stating that Aboriginal peoples had the right to their lands until they chose to sell or trade them. It also prohibited settlement on Aboriginal lands without Crown approval. This proclamation is referenced in the Canadian Charter of Rights and Freedoms.

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    Indian Act, 1876

    A federal law introduced in 1876 to regulate Aboriginal affairs, which excluded Aboriginal participation in its formulation. It granted the government control over Aboriginal lands, social programs, and education. It also initially prohibited Aboriginal alcohol consumption.

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    The White Paper, 1969

    A government policy introduced in 1969, which proposed abolishing the Indian Act and assimilating Aboriginal people into mainstream society. However, faced with strong opposition from Aboriginal leaders, the White Paper was abandoned in 1971.

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    Specific Land Claims

    Land claims related to specific grievances arising from treaties. These claims often focus on situations where the government failed to uphold its treaty obligations.

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    Comprehensive Land Claims

    Land claims based on the continuous existence of Aboriginal title to land. Often claiming that land was never surrendered or ceded to the Crown.

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    State Sovereignty

    The right of a state to govern itself without external interference. It plays a significant role in international law, but can also limit the effectiveness of international regulations.

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    Security Council Authorization

    The UN Security Council, composed of 15 member nations, can authorize the use of force to stop aggression, like in the Korean War, where North Korea attacked South Korea. The council's decisions can be controversial due to the powerful, permanent members.

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    Self-Defense

    A nation's right to defend itself from imminent threats, like physical attacks or potential harm to its territory. This can be tricky to define and has been debated in cases like Nicaragua vs. USA, where supplying rebels did not justify collective self-defense.

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    Deterrence Theory

    Deterrence theory suggests a country won't attack another because of the fear of retaliation, especially with nuclear weapons. This can be risky, relying on complex calculations and communication.

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    Justified Use of Force (Just War)

    The use of force as a last resort in a conflict, where all other peaceful means have failed. It focuses on proportionality (using only the necessary force) and just cause (defending against an injustice or clear threat).

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    Military Deterrence

    A strategy where a country discourages potential enemies from attacking by showing its preparedness and potential consequences. It can be a double-edged sword as miscommunication or miscalculations can lead to escalation or conflict.

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    Bill 101 (Charter of the French Language)

    A law passed in Quebec in 1977 aimed at protecting the French language and making it the official language of the province.

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    Notwithstanding Clause

    A legal tool used by the Canadian government to override certain sections of the Charter of Rights and Freedoms. It allows the government to pass laws that may violate Charter rights, but only for a limited time.

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    Quebec Referendum (1980)

    A 1980 referendum in Quebec where residents voted on whether the province should have more autonomy from Canada. While seeking more independence it still intended to maintain economic association with Canada.

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    Constitution Act, 1982

    The Canadian Constitution, adopted in 1982, was a major event in Canadian history. It formalized the country's rights and freedoms and established a new system of government. However, the way it was implemented angered some in Quebec.

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    Quebec Referendum (1995)

    A 1995 referendum in Quebec where residents voted on whether the province should separate from Canada. The vote was close, with separatists losing by a narrow margin.

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    Clarity Act

    A federal law passed in 1999 to establish clear rules for any future referendums on Quebec secession. This law aimed to ensure that any future referendum question was clear and that the results showed a clear majority in favor of separation.

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    Aboriginal Treaties

    The historical agreements that have shaped the relationship between Aboriginal peoples and the Canadian government. These treaties often involved land rights, resource use, and other important aspects of Indigenous life.

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    Aboriginal Title

    A legal principle that recognizes the inherent rights and sovereignty of Indigenous peoples in Canada. This principle helps to guide how the Canadian government interacts with Indigenous communities.

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    What was the League of Nations?

    An international organization formed after WWI to prevent future wars through diplomacy and collective security.

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    Why did the League of Nations fail?

    The League of Nations was unsuccessful due to several factors, including a lack of enforcement power, the absence of major powers like the U.S., and the unwillingness of nations to surrender sovereignty.

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    What is the International Court of Justice (ICJ)?

    The International Court of Justice (ICJ) is the main judicial organ of the UN, composed of 15 judges representing different legal systems. It settles legal disputes between states and provides advisory opinions on international legal questions.

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    What is the ICJ's jurisdiction?

    The ICJ's jurisdiction is limited to legal disputes between states that have consented to its jurisdiction, usually through treaties.

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    What types of cases does the ICJ hear?

    The ICJ can hear cases related to territorial sovereignty, treaty disputes, and other legal issues between states.

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    What are some challenges faced by the United Nations?

    The UN faces challenges in achieving consensus among its members, enforcing its decisions, and addressing complex global issues like climate change and poverty.

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    What would a world government look like?

    A world government would be a single, centralized authority with the power to make and enforce laws globally. This contrasts with the UN, which is a forum for intergovernmental cooperation with limited power.

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    What would be the challenges of a world government?

    A world government would face challenges in balancing the interests of different nations, respecting their sovereignty, and preventing abuses of power.

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    Study Notes

    Chapter 1 - Changes in Law

    • Factors leading to changes in law include technological advancements (transportation, globalization, space exploration), demographic shifts (population growth, emigration), and changes in societal values (e.g., awareness of human rights abuses).
    • Examples include the need for laws related to increasingly frequent international travel, multi-national business operations, and protection against crimes (genocide, crimes against humanity).
    • Individuals can challenge laws through court cases, arguing that laws violate rights (Charter of Rights and Freedoms).
    • Successfully challenging laws in court can lead to their removal or modification.
    • Examples include prisoner voting rights and abortion rights.
    • Change can also result from individual action (voting), or organized action by lobbying groups.
    • Lobby groups may represent a cause or interest, such as the Canadian Association for Chiefs of Police and the campaign against tobacco use.

    Chapter 2 - Sources of Law

    • Religion, particularly Judeo-Christian values, has historically influenced Canadian law and continues as reflected in Canada’s Charter of Rights and Freedoms.
    • Religious and historical influences include Greek democracy, Roman law, Aboriginal traditions, and British common law.
    • Customs and conventions are powerful contributors to law. Customs are long-standing practices, and conventions are less formalized agreements that influence laws.

    Chapter 3 - Theories of Law

    • Natural law and positive law are two distinct theories of law.
    • Natural law refers to eternal principles believed to regulate the natural world whereas positive law refers to laws created by people in power.
    • Natural law theorists believe that just laws reflect natural principles.
    • Positive law theorists believe that the authority to write laws resides with the state.

    Chapter 6 - Human Rights in Canada

    • Key laws and documents (e.g., the Charter of Rights and Freedoms) establish human rights protections in Canada.
    • Four mechanisms exist to ensure human rights enforcement: the Charter, the Canadian Human Rights Act, provincial human rights legislation, and human rights commissions or tribunals.
    • Laws can be challenged on human rights grounds (e.g., discrimination based on gender identity).
    • Federal agencies are subject to the same discrimination protections as the private sector.
    • Canada's history has included instances of human rights violations.
    • International laws and documents (e.g., the UN Charter, treaties) influence the protection of human rights at the international level.

    Chapter 7 - Majority and Minority Rights

    • The French-English conflict in Canada has involved differing uses of the English and French languages, differing cultural practices, and varying interpretations about Canada's future.
    • Quebec separatist movements (e.g., Quebec Referendums) have resulted from differing interests on national unity.
    • Legislation (e.g., the Charter of the French Language) and actions have been taken to safeguard and enhance the French language and culture in some areas of Canada.

    Chapter 16 - Principles of International Law

    • State sovereignty, the right of a country to govern itself, is a crucial concept in international law.
    • International law regulates how countries interact, but sometimes that involves differing interpretations by countries about their own sovereignty.
    • Disputes between countries might be resolved through international legal mechanisms and tribunals (or arbitration).

    Chapter 17 - International Organizations

    • The League of Nations was an international peace-keeping organization created after World War 1, but failed to prevent future international conflict.
    • The UN is another international organization built to preserve peace and achieve international collaboration in order to solve global problems.
    • International courts play an important role internationally.

    Chapter 18 - International Law and Common Heritage

    • The concept of jurisdictional boundaries is central to states’ interaction.
    • Disputes over territory might be resolved by international legal bodies or agreed-upon international frameworks.

    Chapter 19 - Military Conflict and Conflict Resolution

    • Important questions include how to approach peaceful conflict resolution and what international frameworks/mechanisms exist to help prevent or resolve conflicts.
    • The use of force requires authorization and is frequently complicated by competing considerations between nations.

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