Sources of Canadian Law
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Questions and Answers

What is the primary source of Canadian law that has historical development?

  • Case law
  • Secondary legislation
  • Customary law
  • Primary sources of law (correct)

Which ancient civilization is credited with the introduction of juries into the legal system?

  • Egyptian
  • Greek (correct)
  • Roman
  • Babylonian

What was the primary influence of Roman law on modern legal systems?

  • Establishment of customs
  • Creation of a democratic process
  • Development of law schools (correct)
  • Introduction of trial by jury

What role did the British legal influence play in the development of Canadian law?

<p>Influencing trial by jury (B)</p> Signup and view all the answers

How did the concept of 'case law' emerge in the legal system?

<p>From written decisions of local judges (C)</p> Signup and view all the answers

What is the significance of conventions in Canadian law?

<p>They are accepted practices that function as unwritten rules. (B)</p> Signup and view all the answers

Which event influenced the creation of the Canadian Human Rights Act in 1977?

<p>The public reaction to the Holocaust during WW2 (A)</p> Signup and view all the answers

Which of the following is NOT a component of the constitutional law in Canada?

<p>Rights of the provinces in trade (B)</p> Signup and view all the answers

What does the principle of judicial independence ensure?

<p>Judges interpret the law without governmental influence. (D)</p> Signup and view all the answers

What is represented at the top of the pyramid of secondary sources of Canadian law?

<p>Constitutional law (D)</p> Signup and view all the answers

What does the term 'wilful blindness' refer to in legal context?

<p>Deliberate ignorance of prohibited activities (D)</p> Signup and view all the answers

Which of the following best describes the 'Rule of Law'?

<p>The principle that all individuals are subject to the law (A)</p> Signup and view all the answers

In the context of international treaties, what does 'double criminality' imply?

<p>A crime must be classified in both jurisdictions for prosecution (A)</p> Signup and view all the answers

What does 'utilitarianism' suggest about the nature of laws?

<p>The effectiveness of laws is measured by their usefulness (C)</p> Signup and view all the answers

What is the purpose of the Geneva Conventions?

<p>Establishing standards for treating non-combatants in war (B)</p> Signup and view all the answers

What must be proven for a law to be considered pressing and substantial?

<p>The goal of the law must be substantial according to society's needs. (A)</p> Signup and view all the answers

In terms of legal limitations, what is meant by 'minimal impairment'?

<p>The right must be impaired as little as possible. (D)</p> Signup and view all the answers

Which component of the Oakes test assesses whether the limitation of a right is rationally connected to the law's objective?

<p>Rational Connection (B)</p> Signup and view all the answers

Who has the burden of proof in a criminal trial in Canada?

<p>The Crown (C)</p> Signup and view all the answers

What is the main role of the defense in a criminal trial?

<p>To protect the legal rights of the accused. (C)</p> Signup and view all the answers

What type of legal system does Canada employ for criminal trials?

<p>Adversarial system (C)</p> Signup and view all the answers

Which official reads the charge against the accused and handles evidence in a trial?

<p>The court clerk (D)</p> Signup and view all the answers

Which philosopher is associated with legal positivism, emphasizing laws without moral considerations?

<p>John Austin (D)</p> Signup and view all the answers

What is the term for a law passed by the federal or provincial governments?

<p>Statute Law (A)</p> Signup and view all the answers

What happens when a law is created by a provincial government outside of its jurisdiction?

<p>It can be struck down as Ultra Vires. (C)</p> Signup and view all the answers

Which rule helps judges understand a statute by focusing on the problem it aims to address?

<p>Mischief rule (A)</p> Signup and view all the answers

What do judges rely on to create a substantial body of case law?

<p>Written decisions (B)</p> Signup and view all the answers

What challenge does the ICC face regarding its jurisdiction?

<p>Non-participation of key nations (B)</p> Signup and view all the answers

What is the significance of the Oakes Test in legal proceedings?

<p>It assesses whether a charter infringement has occurred. (B)</p> Signup and view all the answers

In the case of R vs Oakes, which charge was David Oakes contesting?

<p>Possession of drugs with intent to traffic (A)</p> Signup and view all the answers

What do internal aids in statutory interpretation typically include?

<p>Sections of the statute and preambles (A)</p> Signup and view all the answers

What does actus reus refer to in legal terms?

<p>The physical component of a crime (B)</p> Signup and view all the answers

Which principle focuses on preventing harm to individuals?

<p>Private harm principle (B)</p> Signup and view all the answers

What is required under the 7+50 rule to amend the constitution?

<p>Support from at least 2/3 of provinces and 50% of the population (C)</p> Signup and view all the answers

What does mens rea signify in the context of criminal law?

<p>The moral guilt associated with an action (B)</p> Signup and view all the answers

Which of the following is NOT part of an amending formula in Canada?

<p>Approval by popular referendum (B)</p> Signup and view all the answers

What is the meaning of habeas corpus?

<p>Protection from unlawful detention (C)</p> Signup and view all the answers

Which body is primarily responsible for resolving disputes between UN member states?

<p>International Court of Justice (A)</p> Signup and view all the answers

Legal moralism is concerned with preventing which aspect?

<p>Immorality and punishment of sin (B)</p> Signup and view all the answers

Which amendment to the constitution requires only the support of the federal parliament?

<p>Change to the executive government (D)</p> Signup and view all the answers

What does the Canadian Human Rights Act primarily establish?

<p>Right to equality and freedom from discrimination (B)</p> Signup and view all the answers

Flashcards

Convention

A way of doing something that has been accepted for so long that it amounts to an unwritten rule.

Constitutional Law

Canada's constitution holds the values and principles that Canadian law has derived from primary sources.

Judicial Independence

Means that judges work independently of the government that appointed them. Their decisions reflect their own legal interpretation of the law and not government policy.

Parliamentary Supremacy

Canada has the ability to elect our leaders, who represent the Canadian population and have the power to make our laws.

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What is Constitutional Law?

The body of laws that deals with the distribution of government powers and sets out certain important legal principles.

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Common Law

A legal system based on the principles of precedent, where judges' decisions in previous cases serve as binding guidance for future cases.

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Customary Law

Laws that developed over time through customs and practices that were widely accepted and enforced.

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Civil Law

A legal system based on codified laws, where a written set of rules outlines the rights and obligations of citizens.

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Precedents

Decisions made by judges in previous cases that serve as binding guidelines for future similar cases.

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Stare Decisis

A legal principle stating that judges must follow the decisions made in previous similar cases by higher courts within the same jurisdiction.

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Statute Law

Laws enacted by federal or provincial governments. Think of it as a set of official written rules.

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Ultra Vires

When a provincial law is declared illegal because it falls outside of the province's authority.

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Intra Vires

When a provincial law is considered valid because it is within the province's legal authority.

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Statutory Interpretation

Rules judges use to understand statutes. Includes things like studying the problem the law was meant to solve.

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Case Law

Legal decisions written by judges that form a basis for future legal rulings.

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Balancing of Rights

The court considers the rights of individuals and the needs of society to create a fair balance. Think of it as a tug-of-war.

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ICC (International Criminal Court)

An international court that prosecutes individuals for serious crimes like genocide. Challenges include voluntary participation and needing permission from countries.

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Oakes Test

A legal test used to determine if a law is a reasonable limit on Charter rights. It has three main steps.

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Rule of Law

A principle that ensures all individuals are treated equally under the law, regardless of their background or status.

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Double Criminality

A legal principle where a crime must be recognized as an offense in both the country where the crime was committed and the country seeking extradition.

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Affirmative Defenses

A type of defense where the accused does not need to prove they lacked the necessary intent (mens rea) for the crime to be committed.

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Geneva Conventions

A legal document that establishes the legal framework for the treatment of individuals during armed conflict. It outlines guidelines for prisoners of war, medical personnel, and civilians.

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Wilful Blindness

The deliberate choice of ignoring a potential crime, even though the person is aware of the possibility of its occurrence.

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Prescribed by Law (Oakes Test)

A limitation on a Charter right must be legally justified and clearly defined so citizens know what's allowed.

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Pressing and Substantial (Oakes Test)

The law's purpose must be sufficiently important to society to justify limiting a Charter right.

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Minimal Impairment (Oakes Test)

The government must use the least restrictive means to achieve its goal while limiting a Charter right.

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Proportionate Effect (Oakes Test)

The benefits of the law must outweigh the negative impact on the limited Charter right.

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Rational Connection (Oakes Test)

The limitation of the Charter right must be directly related to the law's goal.

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Adversarial System

A trial where two sides, the Crown and the Defence, present their arguments and evidence.

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What is extradition?

A formal process where one country requests another to return a person accused of a crime in the requesting country.

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Actus Reus

The physical act of committing a crime. It must be voluntary and done by a conscious mind.

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Mens Rea

The mental state required for a crime. It means having the necessary intent or knowledge to commit the crime.

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Private harm and public harm principle

A principle of justification used to decide if an action is morally justifiable. It considers preventing harm to individuals, institutions, or society.

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Legal Paternalism

A principle of justification that allows limiting people's freedom to prevent harm to themselves. Examples: helmet laws, seatbelt laws.

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Legal Moralism

A principle of justification that prohibits behavior considered immoral or harmful to societal values. Example: Sex work.

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Amending Formula

The method used to change a constitution. It involves specific rules and requirements depending on the type of change.

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Ratio Decidendi

The reason for a judge's decision. It's the legal reasoning that supports the outcome of a case.

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Habeas Corpus

The right to a trial within a reasonable time. It prevents indefinite detention without trial.

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ICJ

The international court of justice. It resolves legal disputes between UN member states.

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Study Notes

Sources of Canadian Law

  • Primary sources of law have the longest historical development, including religious, historical, Greek, and Roman influences.
  • Religious law, like the Ten Commandments, forbids murder and theft.
  • Historical influences are British and French laws, influenced by Greek and Roman law.
  • Greek influence includes juries and democratic ideals.
  • Roman influences include law schools and giving citizens instructions.
  • Britain has influenced Canada's government and laws more than any other country.
  • 11th-century judges were created to hear problems and create solutions in a consistent manner.
  • Case law (common law) emerged from written decisions and reasons for punishments.
  • Custom is a long-standing way of doing something, gaining legal force over time.
  • Convention is a way of doing something accepted so long it becomes customary.

Secondary Sources of Canadian Law

  • Secondary laws are like a pyramid, with constitutional law at the top, followed by statutes and case law (common law) at the bottom.
  • Canada's Constitution defines the values and principles of Canadian law.
  • Constitutional law deals with government power distribution and principles.
  • The BNA Act (Constitution Act of 1867) created Canada.
  • Judicial independence and parliamentary supremacy are two significant parts of this Act.
  • Judicial independence means that judges are independent from government.
  • Parliamentary supremacy means Canadians elect leaders and create laws.

Statutory Interpretation

  • Judges, by using the rules of statutory interpretation, determine the meanings of laws.
  • Mischief rule focuses on the problem that a statute addresses.
  • Internal aids are parts of the statute, such as defined legal terms.
  • External aids complement the internal ones and include legal dictionaries.

Case Law

  • Court cases create important precedents.
  • Balancing rights is the job of the law, including individual and societal needs.

Oakes Test

  • The Oakes test is used to determine if laws passed, infringing on rights are justified.

  • The Oakes test involves three steps:

    • Prescribed by law: The law must be clearly defined.
    • Pressing and substantial: The law's purpose must be significant.
    • Proportionality: The benefits of the law must outweigh the infringement on rights.

  • To pass the test, The law must meet all three conditions.

Trial Procedure

  • Canada utilizes the adversarial system in criminal trials.
  • The two opposing sides are the Crown (state) and the Defense (defendant).
  • Main aspects of a trial include a judge, appointed by the Government, and someone who represents the government's interests (the crown), and a defense attorney.

Mens Rea and Actus Reus

  • Mens Rea (guilty mind) must accompany Actus Reus (guilty act).
  • Actus Reus is a person's deed/physical act.
  • Mens Rea is when a person makes a conscious act.

Principles of Justification

  • Private harm principles prevent harms to individuals.
  • Public harm principles prevent harm to institutions.
  • Offense principles prevent harm to others
  • Legal paternalism prevents harm to oneself.
  • Legal moralism prevents immorality.

Changing The Constitution

  • Procedures for changing Canada's constitution are outlined.
  • Various scenarios and situations are determined for various constitutional changes.

Ratio Decidendi and Habeas Corpus

  • Ratio decidendi is the logical reasoning behind a judge's decision.
  • Habeas Corpus is the right to a fair trial within a reasonable time.

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Sources of Canadian Law PDF

Description

This quiz explores the various primary and secondary sources of law in Canada. It covers historical influences from religious law, British and French legal systems, and the impact of Greek and Roman traditions. Test your knowledge on how these elements shape Canadian law today.

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