Podcast
Questions and Answers
Which level of government is responsible for making laws that apply across the entire country?
Which level of government is responsible for making laws that apply across the entire country?
Which type of law governs the relationships between private individuals and entities?
Which type of law governs the relationships between private individuals and entities?
Who has the authority to make laws that only apply within a municipality?
Who has the authority to make laws that only apply within a municipality?
What does common law refer to?
What does common law refer to?
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Which of the following accurately describes the civil law system in Quebec?
Which of the following accurately describes the civil law system in Quebec?
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What distinguishes substantive law from procedural law?
What distinguishes substantive law from procedural law?
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Judges in the legal system are characterized as being:
Judges in the legal system are characterized as being:
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Which of the following is NOT a division of law as described in the content?
Which of the following is NOT a division of law as described in the content?
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What must a plaintiff demonstrate to bring a serious question of constitutionality before a court?
What must a plaintiff demonstrate to bring a serious question of constitutionality before a court?
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According to Section 24, what can anyone whose rights have been infringed seek from a court?
According to Section 24, what can anyone whose rights have been infringed seek from a court?
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What does an injunction represent in the context of court remedies?
What does an injunction represent in the context of court remedies?
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Which section of the charter specifically addresses freedom of expression?
Which section of the charter specifically addresses freedom of expression?
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What principle is established under Section 15 regarding equality?
What principle is established under Section 15 regarding equality?
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How does criminal law distinguish a crime from civil wrongs?
How does criminal law distinguish a crime from civil wrongs?
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What is an example of a crime that is distinct from a civil wrong?
What is an example of a crime that is distinct from a civil wrong?
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What does the term 'freedom of expression' include according to the charter?
What does the term 'freedom of expression' include according to the charter?
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What type of legal system does Canada follow with respect to treaties?
What type of legal system does Canada follow with respect to treaties?
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Which of the following is NOT a method by which a lawyer can prove customary international law in Canadian courts?
Which of the following is NOT a method by which a lawyer can prove customary international law in Canadian courts?
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Which document is NOT explicitly mentioned as a prohibition against slavery and racial discrimination in Canada?
Which document is NOT explicitly mentioned as a prohibition against slavery and racial discrimination in Canada?
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What did the plaintiffs seek in the case Mack v. Canada (2001)?
What did the plaintiffs seek in the case Mack v. Canada (2001)?
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According to the court's observations in Mack v. Canada, which statement is true?
According to the court's observations in Mack v. Canada, which statement is true?
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What duration did the Head Tax on Chinese immigrants last?
What duration did the Head Tax on Chinese immigrants last?
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Which of the following principles is explicitly stated in the Canadian Charter of Rights and Freedoms regarding equality?
Which of the following principles is explicitly stated in the Canadian Charter of Rights and Freedoms regarding equality?
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Which document explicitly addresses the elimination of racial discrimination?
Which document explicitly addresses the elimination of racial discrimination?
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What was the basis for the Court dismissing the discrimination argument related to the Japanese-Canadian Redress Agreement?
What was the basis for the Court dismissing the discrimination argument related to the Japanese-Canadian Redress Agreement?
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What key action did the Working Group of Experts on People of African Descent recommend to the Government of Canada?
What key action did the Working Group of Experts on People of African Descent recommend to the Government of Canada?
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According to the Constitution Act, 1982, who is included in the term 'aboriginal peoples of Canada'?
According to the Constitution Act, 1982, who is included in the term 'aboriginal peoples of Canada'?
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What is one way courts have interpreted the legal effect of treaties since the Constitution Act 1982?
What is one way courts have interpreted the legal effect of treaties since the Constitution Act 1982?
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Under what condition may governments infringe on a treaty promise?
Under what condition may governments infringe on a treaty promise?
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What significant recognition was made regarding Indigenous peoples’ land rights in 1763?
What significant recognition was made regarding Indigenous peoples’ land rights in 1763?
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What was a central issue in the Tsilhqot’in case regarding land rights?
What was a central issue in the Tsilhqot’in case regarding land rights?
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What defines a treaty as per legal interpretations since the Constitution Act of 1982?
What defines a treaty as per legal interpretations since the Constitution Act of 1982?
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What is considered the best path forward for resolving disputes between Indigenous peoples and other parties?
What is considered the best path forward for resolving disputes between Indigenous peoples and other parties?
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Which section of the Charter of Rights and Freedoms guarantees equality before the law?
Which section of the Charter of Rights and Freedoms guarantees equality before the law?
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What distinguishes the Ontario Human Rights Code from the Charter?
What distinguishes the Ontario Human Rights Code from the Charter?
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To establish a prima facie case of discrimination, a claimant must show all but which of the following?
To establish a prima facie case of discrimination, a claimant must show all but which of the following?
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Which aspect of the Charter is not applicable to private actors?
Which aspect of the Charter is not applicable to private actors?
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What is a significant feature of the Ontario Human Rights Tribunal process?
What is a significant feature of the Ontario Human Rights Tribunal process?
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Which of the following statements describes the relationship between the Charter and the Ontario Human Rights Code?
Which of the following statements describes the relationship between the Charter and the Ontario Human Rights Code?
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What must the Crown do to legally infringe upon the Tsilhqot’in aboriginal title rights?
What must the Crown do to legally infringe upon the Tsilhqot’in aboriginal title rights?
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Which of the following is NOT a consideration in proving that an Aboriginal group held sufficient occupation of land?
Which of the following is NOT a consideration in proving that an Aboriginal group held sufficient occupation of land?
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Which criterion is essential to establishing that an individual possesses a characteristic protected from discrimination?
Which criterion is essential to establishing that an individual possesses a characteristic protected from discrimination?
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What triggered the duty to consult the Haida Nation by the Crown?
What triggered the duty to consult the Haida Nation by the Crown?
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What is the fundamental basis for the Crown’s duty of honourable dealing towards Aboriginal peoples?
What is the fundamental basis for the Crown’s duty of honourable dealing towards Aboriginal peoples?
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Who does the burden of proof regarding regular land use fall upon when proving aboriginal title?
Who does the burden of proof regarding regular land use fall upon when proving aboriginal title?
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What does the duty to consult arise from when the Crown is aware of a potential s. 35 right?
What does the duty to consult arise from when the Crown is aware of a potential s. 35 right?
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What is a legal requirement before the Crown engages in activities affecting Aboriginal lands if no treaties have been concluded?
What is a legal requirement before the Crown engages in activities affecting Aboriginal lands if no treaties have been concluded?
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In the case of the Haida Nation, what was the basis for challenging the province’s right to issue logging licenses?
In the case of the Haida Nation, what was the basis for challenging the province’s right to issue logging licenses?
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Study Notes
Modules
-
Module 1: Introduction to the Legal System (page 2)
- What is law?
- Publicly prescribed rules with consequences
- Reflection of societal values
- Dispute resolution process
- Evolving and amendable
- Sources of Law:
- Statutes (broad, broadly applicable rules passed by legislatures)
- Highly diverse, anticipated future events
- Regulations (detailed rules, further description of statutory statements, passed by governor-in-council)
- Flexibility and hidden nature
- Regulations example: Ontario Employment Standards Act
- Common Law/Case Law (rules laid down by court, based on dispute resolutions)
- Applicable to similar matters
- Based on "stare decisis" (like cases decided alike)
- Court decisions guide future cases
- ETC (E.g., International Law, very broad statements of general principle that courts apply).
- What is law?
-
Module 2: The Canadian Constitution (page 4)
- What is law? Blueprint or framework for standards and behaviours (e.g., Persons, Property, Promises)
- Natural Law: objective moral principles (discovered by reason)
- Legal Positivism: whatever rulers say
- Legal Realism: whatever the courts say
- Law is rules enforced by courts or other govt. agencies
- The Canadian Constitution (legal primer)
- The rule of law
- Constitutionalism
- History of the constitution
- Key constitutional concepts
- Federalism
-
Module 3: The Charter of Rights and Freedoms (page 5)
- Introduction to the Charter (human rights)
- Human rights as inherent and universal
- History of human rights and common law
- Federal legislation application, equal protection
- The Charter (protections)
- Interpreting the Charter
- Who? Everyone (every citizen)
- Limits on the Charter
- Application to parliament, provinces legislatures
- Interpretation (Oakes Test: reasonable limits)
- Introduction to the Charter (human rights)
-
Module 4: Criminal Law (page 7)
- What is a crime? (distinguishing factors, differences from other offences)
- Actus Reus (wrongful deed, what one cannot do)
- Mens Rea (blameworthy mental state, the state of mind)
- Elements of a crime, grouped into categories.
- Voluntariness, conduct, causation (questions to answer to establish criminal liability), and factual/legal causation
- Mistakes of fact (not law)
- Mens Rea (culpable state of mind; intent, recklessness, knowledge)
- Defences (mistake, drunkenness, necessity, duress, provocation, self-defense)
- What is a crime? (distinguishing factors, differences from other offences)
-
Module 5: Criminal Procedure (page 9)
- Investigation (police responsibility, reasonable grounds, laying charges)
- Prosecution (Crown Attorney's office: fair justice, disclosing case)
- Defence (private lawyers, legal aid, protecting client interests)
- Investigation, Detention & Search (arbitrary detention, meaning, statutory regulation, Charter protections)
- police powers, reasonable grounds (for investigative detention & searches)
-
Module 6: International Law (page 11)
- What is International Law? (rules and principles of general application for states' conduct and international relations)
- Treaties (Vienna Convention on the Law of Treaties, bilateral, multilateral, and plurilateral treaties, example countries dealing with international law)
- Monism (immediately incorporated into state's domestic law) and Dualism (separation between International/domestic spheres, domestic law transformation needed).
- Canada's Approach to Treaties (transforming treaties into domestic law if needed.
-
Module 7: Indigenous Peoples and the Law (page 14)
- Treaties (four key legal questions: what is a treaty?, legal effect, interpretation of promises, infringement reasons)
- Indigenous Peoples' rights to land determination in the Royal Proclamation of 1763
- Constitution Act 1982, Sections 35, and the legal nature/effects of treaties (treaties override general laws, interpreted generously)
- Law of Aboriginal Title (Tsilhqot'in case facts, held, legal principles for proving title)
-
Module 8: Canadian Human Rights (page 16)
- Introduction to Human Rights (constitutional framework - Section 15 of the Charter: equality before and under the law, without discrimination, on various grounds).
- Ontario Human Rights Code (quasi-constitutional, applies to private actors, specific grounds of discrimination, complaints resolution)
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Description
This quiz covers the foundational concepts of the legal system, including what law is, the sources of law, and the principles underlying statutory and common law in Canada. It examines the role of regulations and how they relate to statutory provisions, alongside the important concept of 'stare decisis' in court rulings. Test your knowledge on these essential legal principles and their societal implications.
