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?

<p>Economic benefits of the law (C)</p> Signup and view all the answers

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

<p>It includes commercial speech (A)</p> Signup and view all the answers

What is one primary function of law in society?

<p>To provide a framework for productive living together (B)</p> Signup and view all the answers

Which principle does the Rule of Law NOT encompass?

<p>Law must be arbitrary and flexible for those in authority (D)</p> Signup and view all the answers

How does law impact individual autonomy?

<p>By allowing personal choices and defining a good life (A)</p> Signup and view all the answers

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

<p>Physical damage to his parking lot from heavy trucks (C)</p> Signup and view all the answers

What aspect of law involves reasoning and justification?

<p>The application of rules to individual cases (A)</p> Signup and view all the answers

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

<p>Judges apply law impartially without influence from external forces (B)</p> Signup and view all the answers

Which statement accurately reflects the nature of law?

<p>Law is a system of rules enforced by institutions (D)</p> Signup and view all the answers

Why is the public promulgation of law significant?

<p>It ensures laws are known and can be followed (A)</p> Signup and view all the answers

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

<p>Imposes boundaries and requirements (C)</p> Signup and view all the answers

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

<p>Tort of trespass to land (D)</p> Signup and view all the answers

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

<p>Damages for repair to physical damages (A)</p> Signup and view all the answers

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

<p>It helps him identify and work through his options (D)</p> Signup and view all the answers

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

<p>Burn Evyl Inc to the ground (C)</p> Signup and view all the answers

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

<p>To ensure fairness and protect rights (D)</p> Signup and view all the answers

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

<p>Offering financial incentives (A)</p> Signup and view all the answers

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

<p>That his rights and interests may still be protected (C)</p> Signup and view all the answers

Which right is explicitly protected for corporations under the Charter?

<p>Freedom of Expression (C)</p> Signup and view all the answers

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

<p>Irwin Toy case (C)</p> Signup and view all the answers

Which of the following does the Charter not protect?

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

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

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

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

<p>Only individuals can claim equality rights. (D)</p> Signup and view all the answers

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

<p>A challenge must involve a governmental act (D)</p> Signup and view all the answers

What does the SCC hold in relation to commercial speech?

<p>It is a protected form of speech. (C)</p> Signup and view all the answers

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

<p>Black v. Law Society of AB (C)</p> Signup and view all the answers

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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 (Mima.Markicevic@ontariotechu.ca) 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 (june.melnychuk@ontariotechu.ca) 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

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