Canadian Law Quiz

The process of figuring out what a law means and how it applies to specific situations.

The principle that courts should follow previous rulings on similar cases, ensuring legal consistency.

A court's decision on a case, carrying weight and potential influence, but not legally binding on other courts.

Decisions made by higher courts in the same jurisdiction, which lower courts must follow.

A set of guidelines used by courts to interpret the meaning of laws.

The idea that similar cases should be decided in a similar way, maintaining fairness and predictability.

The ability to apply general laws to specific situations, requiring courts to understand the meaning and scope of those laws.

The meaning of words and phrases used in statutes.

A legal test used to determine if a law limiting a Charter right is justified. It involves four steps: pressing and substantial objective, rational connection, minimal impairment, and proportional effect.

A provision in the Charter that allows governments to pass laws that explicitly override Charter protections. It applies only to specific sections of the Charter.

A legal approach to interpreting the Charter that focuses on the original intent of the drafters.

A legal approach to interpreting the Charter that considers the evolving values and norms of society.

A legal approach to interpreting the Charter that focuses on the purpose and intent behind a particular right.

The principle that laws limiting Charter rights must be demonstrably justified in a free and democratic society.

The principle that laws should be fair and proportionate in their application.

The section of the Charter that defines the scope of its application. It limits the Charter's application to government actions.

A legal defence where a person's actions are justified due to being under the influence of a serious and imminent threat. This threat compels them to commit an illegal act to avoid harm to themselves or others.

A defence based on a dangerous situation where a person chooses to commit an illegal act to protect themselves or others from a greater harm. The action is taken out of necessity, not to escape a threat.

A defence that reduces the charge of murder to manslaughter. It applies when the accused acted in a moment of extreme emotional distress triggered by the victim's actions. This distress must be severe enough to cause a reasonable person to lose control.

A full defence that justifies actions taken to protect oneself from imminent danger. The person must have a reasonable belief that they are facing an attack and use proportionate force to defend themselves.

A key condition for a successful self-defence claim. It means that the accused person’s response to the perceived threat must be deemed reasonable in the circumstances. It doesn't require perfection, but it must be logical.

The defence acknowledges that individuals may misjudge a situation under stress, leading to a mistaken response of self-defence. The law allows for some errors in judgment when the perceived danger is real, albeit misinterpreted.

A significant factor in assessing a self-defence claim. The accused person must have an honest belief that they are facing an attack, either physically or verbally, and that immediate action is necessary to protect themselves.

A characteristic of duress that distinguishes it from necessity. The threat in duress is intentional and comes from another person or entity with the intent to force the accused to act

Laws created by executive bodies like the Cabinet.

Judges' rulings in court, which influence future cases.

Laws passed by legislatures, like federal or provincial parliaments.

Laws that deal with how other laws are enforced, like court procedures.

Laws that define rights and responsibilities, like self-defense laws.

Governs relationships between individuals, like contracts and property disputes.

Involves a private dispute where one party sues another.

Involves an offense against society, prosecuted by the Crown.

Section 15(1) of the Canadian Charter of Rights and Freedoms guarantees equality before and under the law and equal protection and benefit of the law without discrimination.

The Chinese Head Tax and residential schools exemplify historical injustices that continue to affect certain groups in Canada, highlighting systemic inequities in the country's history.

The Supreme Court of Canada ruled against retroactive application of the Charter and international law in this case.

The Royal Proclamation of 1763 acknowledged Indigenous peoples' right to collectively determine the future of their lands and required the Crown to obtain their consent for any land transactions.

The Canadian government has issued apologies for past wrongs, including apologies to Japanese Canadians, LGBTQ Canadians, and Indigenous peoples for residential schools. These apologies aim to acknowledge historical injustices and foster reconciliation.

Section 35(1) of the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of Indigenous peoples in Canada.

Treaty rights can only be infringed by the government if there is a

Treaties are solemn agreements between the Crown and First Nations, binding on future generations. Treaty rights supersede general laws and are interpreted generously.

The Constitution Act, 1982 gave provinces more control over natural resources like mines, oil, gas, and forests. They can manage exports within Canada but must ensure fair treatment for all provinces.

The Constitution Act, 1982 aims to reduce economic gaps between provinces by ensuring all Canadians have reasonable access to essential public services regardless of where they live.

The Constitution Act, 1982 enshrines the use of English and French in government institutions and guarantees language equality and minority education rights.

The Constitution Act, 1982 emphasizes preserving Canada's diverse cultural heritage, showcasing its multicultural identity.

The Charter of Rights and Freedoms protects fundamental rights like freedom of expression, equality, legal rights, and democratic rights.

The Charter of Rights and Freedoms gives courts the power to strike down any law that violates its provisions.

The Constitution Act, 1982 made Canada fully independent by bringing the Constitution back to Canada. It also established clear rules for changing the Constitution.

The Constitution Act, 1982 enshrined the Charter of Rights and Freedoms as the bedrock of Canadian rights and recognized Indigenous rights while increasing provincial power over resources.