Law and Ethics Quiz

The Law and its Application

• Law is written, objective, and applied by judges, sometimes with a degree of humanity.
• Standard application of the law can lead to injustice.
• Law and justice can be seen as distant cousins, or even not on speaking terms, in some contexts.

Ethics and the Law

• Ethics are personal and learned from parents and social interactions.
• They are not written down, but violations are sanctioned by social shame.
• Ethics that crystallize over time can become law, like the example of marijuana decriminalization.
• Ethical standards influence the laws we have.

The Quebec Court System

• The court system in Quebec has various levels with specific jurisdictions:
  • Municipal courts handle municipal bylaw violations and minor criminal offences.
  • The Court of Quebec handles cases involving amounts less than $85,000 and serves as the first instance court for youth protection matters.
  • The Small Claims Court (part of the Court of Quebec) deals with minor financial disputes.
  • The Superior Court handles cases exceeding $85,000 and has superintending powers to review the constitutionality of decisions made by other courts.
  • The Quebec Court of Appeal hears appeals from decisions made by lower courts and is comprised of 3, 5, or 7 judges who decide by majority vote.
  • The court system is structured around sovereignty, authority to enact laws, the legislative process, crown representation, branches of law, and the rule of law.

Sovereignty and Authority

• Nations are granted sovereignty, which gives them the power to enact laws.
• Authority to enact laws is divided between federal and provincial levels, with each level sovereign within its area of jurisdiction as defined by the Canadian Constitution.

The Process for Making Laws (Federal Level)

• The process for making laws involves multiple steps, and it is similar in the federal and provincial levels:
  • Bill introduced in the House of Commons.
  • Bill debated and reviewed in committee.
  • Bill voted on and amended by the House.
  • Bill sent to the Senate for review, debate, and voting.
  • Bill goes to the Queen for Royal Assent.
  • Once signed, the bill becomes law.

Sources of Law

• Laws and their sources form the second element of the Quebec legal system:
  • The Canadian Constitution is the highest law.
  • Federal and Provincial statutes.
  • Case law (judge-made law).
  • Legal doctrine.
  • Customary Law.
  • Administrative Regulations.

The Canadian Constitution

• The Supreme Law of Canada, dividing powers between federal and provincial levels.
• Contains the Charter of Rights and Freedoms, which protects fundamental rights and freedoms against infringement by governments.
• Any law conflicting with the Constitution is null and void.

The Charter and Discrimination

• The Charter of Rights and Freedoms guarantees equality rights, prohibiting discrimination based on various grounds, including gender, ethnicity, and religion.
• The Bona Fide Occupational Requirement (BFOR) is an exception to discrimination, allowing certain restrictions if they are necessary to ensure a safe and effective workplace. This exception requires a legitimate objective, good faith, and proof that the requirement is necessary to achieve the objective.
• Intentional discrimination is grounds for legal action. The victim can seek an end to the discrimination, compensation for damages ( both moral and material), and punitive damages.

Reasonable Accommodation

• Reasonable accommodation is a legal principle that requires institutions and employers to adjust policies and practices to accommodate individuals' needs and beliefs, especially those based on religion.
• Accommodation is not required if it imposes an undue hardship.
• The Supreme Court of Canada (SCC) has ruled that reasonable accommodation should be provided for religious practices as long as it does not pose an unreasonable burden.
• In the Multani case , the SCC ruled that kirpans could be worn in school if they are safely secured in a protective pouch.
• The SCC also ruled in the Amselem case (a collective Sukkah) that individuals can practice their religion in a manner that best fulfills their religious obligation, as long as it does not pose an unreasonable burden on others.

Key Considerations in Religious Accommodation Cases

• Individuals must prove that their beliefs are genuine and held in good faith.
• Courts will not dictate the specific manner in which religious practices are to be observed.
• The nature of accommodation will consider the individual's rights and freedoms, the rights and freedoms of others, and the potential for undue hardship.