Course Evaluation Overview

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Questions and Answers

What must a person have in order to bring a legal challenge regarding a Charter right?

A general interest in the law

The support of a corporation

An understanding of public policy

Standing with respect to the right in question (correct)

Which section of the Charter addresses the limits on rights and freedoms?

Section 3

Section 1 (correct)

Section 7

Section 15

What is a key aspect of the Oakes Test in assessing the validity of legislation?

Legislation must avoid all impairments of rights

There must be a pressing and substantial goal (correct)

Only the final balancing is important

The law can infringe rights as much as needed

Which of the following is NOT involved in determining if a law can be saved under section 1?

Economic benefits of the law Signup and view all the answers

Which statement about Section 2(b), Freedom of Expression, is correct?

It includes commercial speech Signup and view all the answers

What is one primary function of law in society?

To provide a framework for productive living together Signup and view all the answers

Which principle does the Rule of Law NOT encompass?

Law must be arbitrary and flexible for those in authority Signup and view all the answers

How does law impact individual autonomy?

By allowing personal choices and defining a good life Signup and view all the answers

In the example provided, what challenge is Dave facing due to Evyl Inc's operations?

Physical damage to his parking lot from heavy trucks Signup and view all the answers

What aspect of law involves reasoning and justification?

The application of rules to individual cases Signup and view all the answers

What does it mean for the law to be 'independently adjudicated'?

Judges apply law impartially without influence from external forces Signup and view all the answers

Which statement accurately reflects the nature of law?

Law is a system of rules enforced by institutions Signup and view all the answers

Why is the public promulgation of law significant?

It ensures laws are known and can be followed Signup and view all the answers

What fundamental role does law play in shaping business risk environments?

Imposes boundaries and requirements Signup and view all the answers

What legal concept is relevant when Evyl Inc is driving over Dave's parking lot?

Tort of trespass to land Signup and view all the answers

What might be a potential remedy for Dave if he wins his case against Evyl Inc?

Damages for repair to physical damages Signup and view all the answers

How can knowledge of the law assist Dave in dealing with Evyl Inc's trucks?

It helps him identify and work through his options Signup and view all the answers

Which option is generally not advisable for Dave in dealing with Evyl Inc's trucks?

Burn Evyl Inc to the ground Signup and view all the answers

What is the purpose of enforcing obligations between Dave and Evyl Inc?

To ensure fairness and protect rights Signup and view all the answers

Which of the following is NOT a tool that law provides for managing risk?

Offering financial incentives Signup and view all the answers

What does Dave need to consider regarding his rights in relation to Evyl Inc?

That his rights and interests may still be protected Signup and view all the answers

Which right is explicitly protected for corporations under the Charter?

Freedom of Expression Signup and view all the answers

In which case was the restriction on advertising by corporations validated?

Irwin Toy case Signup and view all the answers

Which of the following does the Charter not protect?

Economic interests Signup and view all the answers

Who is protected under Section 6(b) of the Charter?

Permanent Residents Signup and view all the answers

Which of the following statements is true about equality rights under the Charter?

Only individuals can claim equality rights. Signup and view all the answers

What is required for a challenge to be made under the Charter?

A challenge must involve a governmental act Signup and view all the answers

What does the SCC hold in relation to commercial speech?

It is a protected form of speech. Signup and view all the answers

Which case ruled that the government cannot prevent an individual from earning a living across Canada?

Black v. Law Society of AB Signup and view all the answers

Study Notes

Course Overview

Participation is mandatory - complete 5 activities throughout the term
At the end of the term, you will get 2/2 regardless of the score you got on the exercise itself, even if you score a 0.
Your scores are there for information purposes only and will not impact your final grade.

Quizzes, Tests & Exams

Includes: multiple choice questions, "select all that are true" questions, fill in the blank questions, True/False & Explain questions, and short answer questions/guided case analysis
Midterm and Final will be in-person, on campus.
All quizzes, midterm, and final exam will be closed book evaluations.
Review the resources in the Student Resources module on how to spot legal issues and answer a law-type question.

Evaluation

You must pass the final exam to pass this course.
Do not book any travel on evaluation dates, especially during the Final Exam period.
Consideration is given to students who show significant improvement over the term.

Course Format & Stuff

Do the readings in advance.
Contact the professor via email ([email protected]) for office hours by appointment. Send an email request.
The professor is available to meet virtually. Appointments are scheduled on mutually convenient times.
Students who do not show up to their appointments on time will have their appointment cancelled.
The course has a TA available via email ([email protected]) regarding course materials, course questions, and course help.
The TA's office hours are by appointment and virtual.

Learning Outcomes

Learn the core principles of law related to:
- The Canadian legal system
- The Constitution
- Contracts
- Torts
- Business Organizations
Practice critical thinking skills

Law

Law is enforced by courts/state institutions, and principles, and a particular way of thinking about those rules and principles
Law "resides in the reasoning"
- Justify why one person's interests should be prioritized over another person's interests in a dispute.

Rule of Law

Everyone must follow the law, including the police, government, judges, and public officials.
The law must be publicly promulgated, fairly applied, equally enforced & independently adjudicated.
Disputes are settled based on pre-determined principles through the courts (with law), not with force.
Society governs itself through law (not arbitrary dictates)

Value of Law

Provides a framework to live together productively as individual, autonomous humans in society.

Example: Dave's Business

Dave owns a bakery and Evyl Inc owns a distribution center
Evyl Inc trucks are too big for Dave's parking lot, they cause dust and noise, and damage the parking lot.

Dave's Options

Accept the situation and deal with the trucks
Burn Evyl Inc to the ground
Consider if the might help

Law & Business

Law shapes the risk environment for business.
Law:
- Imposes boundaries and requirements
- Enforces obligations owed to others and the state
- Protects rights
- Creates opportunities
- Provides tools for managing risk

Example: Dave and the Law

How does law impose boundaries on how Dave can respond?
How does law enforce or protect obligations for Dave and Evyl Inc?
How can the law help Dave identify and work through his options?

Peek at the Law

Evyl Inc trucks on Dave's parking lot without permission (trespass)
Dave will win the case and be entitled to a remedy
The Charter doesn’t protect economic rights or apply strictly to private persons

Charter of Rights & Freedoms

"Persons" includes corporations
Corporations have some rights, but not all
The government act must violate a Charter right to be protected.
The Charter might not apply to private companies.
The Charter is saved under s.1 if the law is a reasonable limit on rights.
It must:
- Be proportionate (purpose meets infringment)
- Minimize infringement of rights
- Be rational

Charter Checklist of Limitations

Must involve a challenge to a government act/rule/decision.
Must involve a protected right.
Person bringing the challenge must hold the kind of right involved.
- Corporations have some rights, but not all
The impugned (challenged) act might be “saved” under Section 1 (reasonable limits).

Charter Restrictions

Not all rights are protected:
- Economic rights and property rights are not directly protected
- A right to a business licence is not protected.
- Corporation’s right to equality or mobility is not protected.

Two-Step Charter Analysis

Step 1: Is there a prima facie Charter violation?
- Is there a government act that violates a Charter right?
Step 2: If so, can the legislation be “saved” under section 1?
- Is the law a reasonable limit on our rights?
- Is the infringement proportionate, minimal & rational?

The "Oakes Test" (Reasonable Limits)

Is the goal of the legislation “pressing and substantial”?
Proportionality
- Rational
- Minimal Impairment
- Final Balancing

Studying That Suits You

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Description

This quiz covers the evaluation criteria for the course, including mandatory participation, types of quizzes, tests, and exams. Students will learn about the significance of closed book evaluations and the importance of passing the final exam for course completion.