Federal Court of Canada Overview

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Questions and Answers

What is the primary function of the trial division of the superior courts of provinces?

To handle workplace discrimination cases

To oversee tax assessments from individuals and companies

To hear appeals from the Supreme Court

To address civil disputes arising from federal government actions (correct)

Which of the following statements about the Supreme Court of Canada is true?

It hears appeals only related to civil law cases.

It consists of 12 justices and 1 chief justice.

It offers legal opinions to the government. (correct)

Appellants must be from the same province for hearing cases.

In which case were allegations made regarding mistreatment against Indigenous children in residential schools?

Dunmore V. Ontario

Vriend V. Alberta

McLean V. Canada (correct)

Merlo V. Canada

Which court hears appeals specifically related to tax assessments?

The Tax Court of Canada Signup and view all the answers

What is a requirement for the composition of justices in the Supreme Court of Canada?

At least 4 justices must be from Quebec Signup and view all the answers

What is the primary purpose of restorative justice?

To restore the harmed parties and address their needs Signup and view all the answers

What are the primary methods employed in alternative dispute resolution?

Negotiation, mediation, and conciliation Signup and view all the answers

Which of the following does NOT describe the characteristics of Canada’s court system?

High level of informality Signup and view all the answers

What is the primary role of law societies in Canada?

To license lawyers and establish professional standards Signup and view all the answers

What significant change in law education occurred post-1950s in Canada?

Creation of formal university-level law schools Signup and view all the answers

What does the Code of Professional Conduct address for lawyers in Canada?

Issues of competence, confidentiality, and conflicts of interest Signup and view all the answers

Which of the following is NOT a role of judges in the legal system?

Enforce legal penalties Signup and view all the answers

What term refers to the removal of a lawyer from practice by the law society?

Disbarment Signup and view all the answers

What has been a noted trend within the legal profession in Canada?

Significant increase in female lawyers Signup and view all the answers

The primary goal of law societies in Canada is to provide which of the following?

Establish standards and discipline lawyers Signup and view all the answers

Study Notes

Superior Courts of Provinces & Federal Court of Canada

Superior courts are the highest level of courts in provinces and territories.
Judges are appointed by the federal government.
Trial Division: Handles indictable offenses, large claims, criminal appeals, civil disputes from federal government actions, federal-provincial disputes, intellectual property disputes, citizenship/immigration, refugee law, maritime law, and class proceedings.
McLean V. Canada (2018): Allegations of mistreatment against Indigenous children in residential schools. Offered $50,000 - $200,000 to those who experienced physical or sexual abuse, and $10,000 to everyone else.
Merlo V. Canada (2017): Allegations that the government permitted workplaces with racist and sexist behaviours.
Appeal Division: Hears appeals from the trial division and federal boards and tribunals
Federal Court of Canada: Responds to civil disputes arising from federal government actions, federal-provincial disputes, intellectual property disputes, citizenship/immigration, refugee law, maritime law and class proceedings.
Tax Court of Canada: Hears appeals from tax assessments by individuals and companies.

Supreme Court of Canada

Canada's highest court of appeal.
Consists of 9 justices (8 regular and 1 chief justice).
3 justices must be from Quebec, 3 from Ontario, 2 from western provinces and 1 from Atlantic provinces.
Appointments are made on recommendation by the Prime Minister.
Hears appeals in relation to criminal cases from provincial courts of appeal and Federal Court of Appeal.
Addresses constitutional matters (Judicial Review).
Offers legal opinions to the government.
Hears both common law and civil law cases.
Bound by legislation and can interpret legislation in terms of the Constitution of Canada.
R. v. Morgentaler (1998): Challenged the requirement that abortions be performed with a certificate from a therapeutic abortion clinic.
Vriend v. Alberta (1998): Vriend was fired from Kings College for being gay.
Dunmore v. Ontario (2001): (details not provided)

Characteristics of Canada's Court System

Adversarial system: Courtroom process is based on two sides presenting arguments and evidence.
High level of formality: Strict rules govern court procedures and legal arguments.
Open access: The public can attend most court proceedings.
Jury of peers: Citizens are selected randomly to serve on juries for certain cases.
Reasonable timeliness: Courts strive to resolve cases in a timely manner.

Alternative Dispute Resolution (ADR) in Canada

ADR is a growing trend as an alternative to traditional court proceedings.
Employs negotiation, mediation, and conciliation.
Typically led by non-judicial officers.

Restorative Justice in Canada

Focuses on repairing harm caused by crime.
Provides opportunities for victims and those responsible for the harm to communicate and address their needs.
Emphasizes recognition, inclusion, accountability, dialogue, voluntariness.
R.v. Gladue (1999): Landmark ruling emphasizing considering the unique circumstances of Indigenous offenders.

Studying Law

No formal university-level law schools existed before the 1950s.
Articling: A law student's apprenticeship under a licensed lawyer.
Successful students receive a Juris Doctor (JD) degree.

Lawyers & the Legal Profession

Lawyer: Legally recognized professional who practices law.
Roles/functions: Legal representation, prosecution/defense, legal arguments, advice, trusteeship, legal research, drafting, advocacy, contract negotiation/drafting.
Around 136,000 practicing lawyers in Canada.
Ongoing debate regarding the increasing number of lawyers.
Significant increase in women lawyers.
Includes solicitation and litigation.

Law Societies of Canada

Law society: Provincial associations licensing lawyers.
Roles/functions: Establish standards, collect membership fees, provide legal aid, insurance for members, disciplinary actions, and approve law schools.
Canadian Bar Association: Shares information, networking, professional development, and represents the interests of Canada’s legal community.
Federation of Law Societies of Canada: National association of provincial law societies.
- Regulates the legal profession.
- Shares information across societies.
- Facilitates national collaboration.

Code of Professional Conduct

Established by the Canadian Bar Association and the Federation of Law Societies.
Includes standards for competence, service quality, confidentiality, conflicts of interest, client property, withdrawal from representation, and marketing/advertising.
Disbarment: Removal from the bar and termination of law society membership.
Other disciplinary actions include fines and suspensions.

Judges & the Law

Roles/functions: Administer the law, preside over legal processes, and make legal decisions.
Appointment: Provincial judges appointed by provincial governments, federal judges by the federal government.
Judicial independence: Judges should be free from political influence.

Other Key Points

Charter of Rights and Freedoms: A key document defining fundamental rights and freedoms in Canada.
Common Law: Legal system based on judicial precedents (previous court decisions).
Civil Law: Legal system based on written codes of law.
Jurisprudence: The study of law and philosophy.
Legal ethics: Principles governing the conduct of lawyers.

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Description

Explore the structure and functions of superior courts and the Federal Court of Canada. This quiz covers the roles of the Trial and Appeal Divisions and notable cases like McLean V. Canada and Merlo V. Canada. Test your knowledge on judicial processes and historical cases related to Canadian law.