Levels of Government in Canada
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Levels of Government in Canada

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What is the primary role of the municipal level of government?

  • Formulate federal immigration laws
  • Provide local services such as libraries and police (correct)
  • Manage provincial healthcare and education
  • Oversee national defense activities

    • Which branch of government is responsible for implementing laws?

  • Legislative
  • Judicial
  • Provincial
  • Executive (correct)

    • What type of law governs the relationship between individuals and society?

  • Contract Law
  • Private Law
  • Family Law
  • Public Law (correct)

    • Which of the following is NOT a type of private law?

    <p>Constitutional Law</p> Signup and view all the answers

    What does procedural law govern?

    <p>The process for settling disputes</p> Signup and view all the answers

    Which historical legal system is known for emphasizing strict punishments and an 'eye for an eye' mentality?

    <p>Babylonian Law (Code of Hammurabi)</p> Signup and view all the answers

    Which type of law deals specifically with harm caused by one party to another?

    <p>Tort Law</p> Signup and view all the answers

    What is defined as the law that protects individual rights based on constitutions?

    <p>Constitutional Law</p> Signup and view all the answers

    What was the primary emphasis of Greek Law?

    <p>Creating written laws that provided rights for women</p> Signup and view all the answers

    Which legal system introduced the concept of the Magna Carta?

    <p>English Law</p> Signup and view all the answers

    What does the principle of stare decisis establish in Common Law?

    <p>The binding nature of legal precedents</p> Signup and view all the answers

    What is one of the main characteristics of the Napoleonic Code in French Law?

    <p>Emphasis on civil liberty and equality</p> Signup and view all the answers

    How did Roman Law transition from its initial form?

    <p>It started as unwritten customs and evolved into codified laws</p> Signup and view all the answers

    Which aspect of justice focuses on helping criminals become better members of society?

    <p>Restoration</p> Signup and view all the answers

    What was a significant outcome of Roman Law in the context of Western legal systems?

    <p>It became the basis for law in Western Europe, excluding Britain</p> Signup and view all the answers

    What foundational aspect of justice does restitution represent?

    <p>Compensation for the victim</p> Signup and view all the answers

    What is the primary aim of the Truth and Reconciliation Commission's 94 Calls to Action?

    <p>To address wrongs related to Indigenous peoples.</p> Signup and view all the answers

    Which sections of the Canadian Charter are key protections for Aboriginal rights?

    <p>Sections 25 and 35</p> Signup and view all the answers

    Which court is recognized as the highest court of appeal in Canada?

    <p>Supreme Court</p> Signup and view all the answers

    What is the principle of 'stare decisis' in the context of legal precedents?

    <p>Prior court decisions guide future cases.</p> Signup and view all the answers

    What fundamental principle did the Supreme Court establish in the R.v.Burns case regarding extradition?

    <p>Extradition cannot occur without assurance against the death penalty.</p> Signup and view all the answers

    In the case of Vriend v. Alberta, what was determined to be unconstitutional?

    <p>Exclusion of sexual orientation from human rights protection.</p> Signup and view all the answers

    What does the term 'Statute Law' refer to?

    <p>Laws created by Parliament.</p> Signup and view all the answers

    What is the main characteristic of the adversarial system in Canadian law?

    <p>The Crown has the burden of proof against the defense.</p> Signup and view all the answers

    Which Act was amended to include sexual orientation as a protected ground?

    <p>Canadian Human Rights Act</p> Signup and view all the answers

    What significant legal change occurred in 1977 regarding sexual orientation in Canada?

    <p>Prohibition of discrimination based on sexual orientation</p> Signup and view all the answers

    What was the outcome of the Everett Klippert case in Canada?

    <p>Public outrage contributed to the decriminalization of gay sex.</p> Signup and view all the answers

    What was the purpose of the Cannabis Act of 2016?

    <p>To prevent access for minors and protect public health</p> Signup and view all the answers

    Which Bill made conversion therapy illegal in Canada?

    <p>Bill C-8</p> Signup and view all the answers

    What was the ruling of the Ontario Court of Appeal regarding cannabis prohibition?

    <p>Cannabis prohibition was ruled unconstitutional for medical use.</p> Signup and view all the answers

    What was a key finding of the Le Dain Commission's study in the 1960s?

    <p>There was limited understanding of cannabis effects.</p> Signup and view all the answers

    What did adults gain the legal ability to do under the provisions established in 2018?

    <p>Possess up to 30 grams of legal cannabis</p> Signup and view all the answers

    What is the primary basis of common law?

    <p>Judicial decisions and precedents</p> Signup and view all the answers

    Which of the following best describes the function of law to protect individual rights and freedoms?

    <p>Establishing the Canadian Charter of Rights and Freedoms</p> Signup and view all the answers

    What differentiates public law from private law?

    <p>Public law involves the relationship between individuals and the state</p> Signup and view all the answers

    Which of the following is NOT one of the five main functions of law in Canada?

    <p>To ensure economic growth</p> Signup and view all the answers

    What is the primary role of ethics in relation to laws?

    <p>To provide a framework for moral philosophy</p> Signup and view all the answers

    How do morals typically develop in individuals?

    <p>From family, religion, culture, and experience</p> Signup and view all the answers

    Which aspect of law aims to resolve disputes peacefully?

    <p>Establishing mediation and arbitration mechanisms</p> Signup and view all the answers

    Why might individuals advocate for legal reforms?

    <p>When they perceive laws as unjust</p> Signup and view all the answers

    Study Notes

    Levels of Government in Canada

    • Municipal: Provides local services like libraries, police, and garbage collection.
    • Provincial: Oversees healthcare, education, infrastructure, and other provincial matters.
    • Federal: Responsible for national issues like citizenship, criminal law, national defense, and employment insurance. It is divided into three branches: Executive, Legislative, and Judicial.

    Branches of Government

    • Legislative: Composed of the House of Commons and Senate. They pass laws.
    • Executive: Includes the Prime Minister and Cabinet, responsible for implementing the laws.
    • Judicial: Interprets laws and assesses their constitutionality. It includes the Supreme Court and lower courts.

    Types of Law

    • Public Law: Regulates the relationship between individuals and society, as well as the roles of different government levels.
      • Constitutional Law: Defines the government's structure, power, and limitations. It also protects individual rights based on constitutions.
      • Administrative Law: Regulates government agencies' actions and decisions.
    • Private Law: Deals with disputes between individuals or organizations.
      • Tort Law: Addresses harm caused by one party to another, intentionally or unintentionally.
      • Contract Law: Governs agreements between parties, focusing on how contracts are made.
      • Family Law: Handles family-related issues like divorce, custody, and prenuptial agreements.

    Divisions of Canadian Law

    • Substantive Law: Governs the rights and obligations of individuals, outlining what they can and cannot do.
    • Procedural Law: Establishes how substantive laws are implemented. It governs legal processes for resolving disputes (criminal and civil).
    • Babylonian Law (Code of Hammurabi): The first recorded set of laws, emphasizing strict punishments and an "eye for an eye" mentality. Introduced perjury as a crime, the concept of "innocent until proven guilty," and organized law into categories like family and property.
    • Greek Law: Created written laws that granted some rights to women. Influenced Roman law through Solon's Code and Greek ideas that shaped the Twelve Tables and Justinian's Code. Emphasized justice and introduced lasting legal reforms. Utilized restitution for most crimes but retribution for severe crimes like rape.
    • Roman Law: Began as unwritten customs then codified in the Twelve Tables. Introduced public and private law, legal capacity, and dispute resolution. Utilized retribution and later restitution. Created Justinian's Code, which consolidated all Roman laws and included constitutional law. Became the foundation for law in Western Europe, except for Britain. Introduced the role of lawyers. Influenced civil law, including tort law.
    • English Law: Established the Magna Carta, emphasizing that no one is above the law, even the king. Limited absolute power through the rule of law. Trial by combat and trial by ordeal were considered fair. Feudalism established a system of government and landholding, where justice was accessible through courts and traveling judges called assizes. Common law, which is not written down as legislation, emerged, with judges determining precedents (past court decisions that guide future decisions). This concept is known as stare decisis (to stand upon decisions), making precedents authoritative and binding. Influenced modern democratic legal systems and constitutions.
    • French Law: Napoleon reformed French law through the Napoleonic Code, creating a clear and accessible system still used in Quebec. Emphasized civil liberty, equality (excluding women), secularism, and prohibited ex post facto laws. Unified French laws, stabilized courts, and influenced legal systems worldwide.

    3 R's of Justice

    • Retribution: Punishment inflicted as vengeance for a crime. It is typically proportional to the crime, following an "eye for an eye" principle.
    • Restitution: Compensation for the victim, aiming to restore what was lost or damaged.
    • Restoration: Focuses on aiding the offender in becoming a functioning member of society and a better person. It seeks to heal the relationship between the victim and the offender.

    Indigenous Peoples and the Canadian Government

    • Historical Agreements: Often founded on unjust treaties and agreements. Modern reconciliation efforts include the Truth and Reconciliation Commission.
    • Aboriginal Rights: Protected under the Canadian Charter. Recognizes the existing rights of Indigenous peoples.
    • Indigenous Law in Canada: Stems from unjust agreements, including the Indian Act and treaties from the 1763 Royal Proclamation. The Truth and Reconciliation Commission's 94 Calls to Action aim to address these wrongs. Key protections include Sections 25 and 35 of the Charter, which safeguard Aboriginal rights and require consultations on changes. Indigenous treaties are considered shared land agreements, and the UN Declaration on the Rights of Indigenous Peoples guides Canada's alignment with Indigenous rights.

    Court Systems Overview

    • Levels of Court:
      • Supreme Court of Canada (federal): The highest and final court of appeal in Canada.
      • Federal Courts: Review federal law decisions.
      • Provincial Courts: Handle most criminal and civil cases, including matters related to money, family, and other provincial issues.
      • Superior Courts (provincial): Handle serious cases and appeals from lower courts.
      • Court of Appeals (provincial): Reviews decisions from lower courts.
    • Specialty Courts: Include youth, family, and small claims courts (under $35,000), operating within provincial jurisdiction.
    • Precedent: Prior court decisions that guide future cases (stare decisis).
    • Statute Law: Laws created by Parliament.
    • Adversarial System: The Crown versus the Defense; the burden of proof rests on the Crown.
    • Rule of Law: Everyone must obey the law; disputes are settled peacefully.

    Major Landmark Cases

    • R. v. Burns (2001): Extradition cannot occur without assurance against the death penalty. Glen Burns and Atif Rafay were accused of murdering Rafay's family in Washington, and the U.S. wanted them back to face trial and the death penalty. The Supreme Court of Canada ruled that extraditing someone to a country where they could face the death penalty violated the principles of fundamental justice under section 7 of the Charter of Rights and Freedoms.
    • Vriend v. Alberta (1998): Exclusion of sexual orientation from human rights protection was deemed unconstitutional. A gay man was fired from his job at a Christian school and alleged discrimination based on sexual orientation. The Supreme Court of Canada concluded that excluding sexual orientation from Alberta's Individual Rights Protection Act was unconstitutional, violating his equality rights under the Canadian Charter. This decision led to the amendment of the Act to include sexual orientation as a protected ground.

    Changing Law Timeline

    • Criminal Code (1892): Criminalized homosexual acts, creating a repressive legal environment for LGBTQ+ individuals.
    • Section 15 of the Canadian Charter of Rights and Freedoms (1982): Guaranteed equality rights but initially did not explicitly include sexual orientation, leading to court challenges.
    • Canadian Human Rights Act (1977): Prohibited discrimination based on sexual orientation in federal jurisdictions but did not address marriage rights.
    • Bill C-16 (2017): Added gender identity and gender expression as prohibited grounds for discrimination under the Canadian Human Rights Act.
    • Bill C-8 (2022): Made conversion therapy illegal to practice, profit from, or promote.
    • National Action Plan (2022): Announced support for LGBTQ+ communities, including research, public education, and collaboration with law enforcement.
    • Everett Klippert Case: In 1969, Klippert was the only Canadian declared a dangerous sexual offender for being gay. Public outrage contributed to the decriminalization of gay sex in 1969 and his release in 1971. In 2017, the Trudeau government issued a formal apology and compensation for those persecuted for their sexual orientation.

    Key Points to Remember:

    • Old Laws:
      • Opium Act of 1908: Canada's first anti-drug law, focusing on social order rather than strict control.
      • Cannabis Addition (1923): Cannabis and hemp added to the Opium and Drug Act, leading to jail time for possession.
      • Narcotic Control Act (1961): Classified cannabis as a Schedule 1 offence, with penalties of up to 7 years for possession and life for trafficking.
    • New Laws:
      • Cannabis Act (2016): Aimed to:
        • Prevent access for minors.
        • Divert profits from illegal sales.
        • Protect public health and safety.
      • Legal Provisions (2018): Adults (18+) can:
        • Possess up to 30 grams of legal cannabis.
        • Share up to 30 grams with other adults.
        • Purchase from licensed retailers.
        • Grow a limited number of plants for personal use.
        • Make cannabis products at home without organic solvents.

    Drivers of Change:

    • William Lyon Mackenzie King's Act: Initially banned cannabis due to limited understanding.
    • Le Dain Commission: Studied cannabis use in the 1960s, leading to increased scrutiny.
    • Ontario Court of Appeal (2000s): Ruled cannabis prohibition unconstitutional for medical use.
    • Policy Changes (2013-2015): Allowed licensed producers to create cannabis products like oils.
    • Legalization (2018): Based on evidence of minority overrepresentation in drug charges, the ineffectiveness of prohibition, and the need to combat illegal markets.

    Morals and Ethics:

    • Morals: Personal principles usually gained over time through family, religion, culture, experience, etc.
    • Ethics: A code of behavior in a profession or group OR the study of moral philosophy, providing a framework for understanding and interpreting right and wrong in society.
    • Law: Written codes we MUST follow or face punishment, created by those in power.

    Differences Between Common and Civil Law:

    • Common Law: Based on judicial decisions and precedents set by courts.
    • Civil Law: Derived from codified statutes and written laws.

    Differences Between Private and Public Law:

    • Public Law: Governs the relationship between individuals and the state, including criminal and constitutional law.
    • Private Law: Deals with disputes between individuals or organizations, such as contract and family law.

    The Five Main Functions of Law in Canada:

    • To establish rules of conduct (e.g., Highway Traffic Act, Criminal Code).
    • To provide a system of enforcement (e.g., policing, court system).
    • To protect individual rights and freedoms, creating fairness (e.g., Canadian Charter of Rights and Freedoms, labor law, contract law).
    • To create a sense of order and resolve disputes peacefully (e.g., neighborly disputes, mediation/arbitration, custody battles).
    • To maintain the power and legitimacy of the state (e.g., peaceful transitions of power).

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    Explore the various levels of government in Canada, including municipal, provincial, and federal systems. Learn about the distinct branches of government: legislative, executive, and judicial, and their respective functions. This quiz also delves into different types of law, particularly public law and constitutional law.

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