Law and Ethics Quiz

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the purpose of punitive damages?

To provide mandatory restitution to the wrongdoer

To deter others from committing similar acts (correct)

To compensate the victim for financial losses

To encourage public institutions to change their policies

Which factor does the judge NOT consider when awarding punitive damages?

Recurrent offender status

Whether the victim had previous incidents (correct)

Financial status of the wrongdoer

Severity of the infringement

Which of the following statements about punitive damages is true?

They are provided for in the civil code.

They can be awarded regardless of applicable laws.

They are always given to the wrongdoer.

They may sometimes benefit the government instead of the victim. (correct)

What was the outcome of Mr. Singh's appeal to the Supreme Court regarding the kirpan?

He was permitted to bring the kirpan in a pouch. Signup and view all the answers

What does the phrase 'dura lex sed lex' imply about the law?

The law is harsh but must be followed. Signup and view all the answers

What does the Quebec Court of Appeal's statement imply about accommodation?

Public institutions can enforce restrictions on religious practices. Signup and view all the answers

What is one potential outcome of the strict application of law as stated in the content?

It can lead to unjust outcomes. Signup and view all the answers

How do ethical standards influence the development of law?

Ethics sometimes evolve into legal standards over time. Signup and view all the answers

What is the role of the Quebec Court of Appeal?

It reviews and rules on appeals from lower courts. Signup and view all the answers

What distinguishes the Superior Court in Quebec?

It handles cases valued over $85,000. Signup and view all the answers

What is a common consequence of breaching ethical guidelines?

Social shame and ostracism. Signup and view all the answers

Which type of court in Quebec does not handle civil cases?

Municipal Courts Signup and view all the answers

What aspect of justice is highlighted when discussing the role of a judge?

Judges breathe justice into the unemotional letter of law. Signup and view all the answers

What principle states that governments can only act within the law's authorizations?

Rule of Law Signup and view all the answers

Which body has exclusive authority over criminal law in Canada?

Federal Government Signup and view all the answers

What is the first step in the federal legislative process for making laws?

1st reading Signup and view all the answers

Which document serves as the supreme law of Canada?

Canadian Constitution Signup and view all the answers

Which option is not a source of law in the Quebec legal system?

Political Opinions Signup and view all the answers

Who acts as the Queen's representative in Canada?

Governor General Signup and view all the answers

What happens if one level of government legislates in an area designated for another?

The law is declared invalid Signup and view all the answers

Which level of government cannot enact laws regarding divorce in Canada?

Municipal Government Signup and view all the answers

What is one reason the syndicat opposes constructing a sukah on a balcony?

It is considered an eye sore. Signup and view all the answers

What must a party do to ground a case in religious beliefs?

Prove true honest real genuine good faith beliefs. Signup and view all the answers

What did Justice Fish address regarding the construction of the sukah?

The possibility of accommodating the eye sore for a limited time. Signup and view all the answers

What does the declaration of co-ownership state regarding structural changes?

It strictly forbids any structural alterations. Signup and view all the answers

What must be true for a waiver of fundamental rights to be considered valid?

It must be explicit about what rights are given up. Signup and view all the answers

What must be proven by the employer in the case of discrimination related to Bona Fide Occupational Requirement?

The test must have a legitimate objective and be done in good faith. Signup and view all the answers

In the BC forest-fighter case, what was the main basis for the female fighter's lawsuit?

The test discriminated against her based on gender-related physiological differences. Signup and view all the answers

What is the implication of a successful claim regarding a Bona Fide Occupational Requirement?

The burden of proof shifts to the employer to justify the requirements. Signup and view all the answers

What was considered a legitimate objective for implementing the physical test in the firefighter case?

To prevent unsafe workers in the field. Signup and view all the answers

What is the role of the school board in cases of discrimination based on religion?

To justify the need for a specific religion for hiring. Signup and view all the answers

Under which circumstance can an institution exclusively dedicated to an ethnic group discriminate based on ethnicity?

When the institution proves it only serves that ethnic group's interests. Signup and view all the answers

What was a key issue in the JP at WonderBra case regarding discrimination?

The requirement for gender-specific roles. Signup and view all the answers

What does BFOR stand for in the context of employment discrimination?

Bona Fide Occupational Requirement Signup and view all the answers

Study Notes

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.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your knowledge on the nature of law, its application, and the influence of ethics in the legal system. Explore the structure of the Quebec court system and how it relates to principles of justice and morality. Challenge your understanding of how written laws can sometimes lead to injustice and the role ethics play in legal framework.