Podcast
Questions and Answers
What was the primary reason Roncarelli pursued litigation against the government?
What was the primary reason Roncarelli pursued litigation against the government?
What did the Supreme Court conclude regarding the government's actions against Roncarelli?
What did the Supreme Court conclude regarding the government's actions against Roncarelli?
What is a key criterion that must be present for government action to be considered lawful?
What is a key criterion that must be present for government action to be considered lawful?
What was the significance of the Manitoba Act in relation to language rights?
What was the significance of the Manitoba Act in relation to language rights?
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What was the outcome of the Supreme Court's decision regarding the Official Language Act, 1890?
What was the outcome of the Supreme Court's decision regarding the Official Language Act, 1890?
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Which factor did the Supreme Court indicate was not sufficient to justify a decision?
Which factor did the Supreme Court indicate was not sufficient to justify a decision?
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What was the result of the determination of illegal action by Quebec against Roncarelli?
What was the result of the determination of illegal action by Quebec against Roncarelli?
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What key aspect is necessary to establish the legality of government actions?
What key aspect is necessary to establish the legality of government actions?
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What is the primary assertion of the 'Command Theory of Law' as described by John Austin?
What is the primary assertion of the 'Command Theory of Law' as described by John Austin?
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According to Legal Positivism, how is a rule deemed valid?
According to Legal Positivism, how is a rule deemed valid?
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What underpins the legitimacy of the sovereign in the Social Contract theory proposed by John Locke?
What underpins the legitimacy of the sovereign in the Social Contract theory proposed by John Locke?
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Which of the following is NOT a flaw associated with Positive Law Theory according to the content?
Which of the following is NOT a flaw associated with Positive Law Theory according to the content?
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In what way do Legal Positivism and Natural Law differ in their understanding of legitimacy?
In what way do Legal Positivism and Natural Law differ in their understanding of legitimacy?
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Which aspect is emphasized as a requirement for the validity of law in Legal Positivism?
Which aspect is emphasized as a requirement for the validity of law in Legal Positivism?
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Which statement best reflects a key principle of the Social Contract theory?
Which statement best reflects a key principle of the Social Contract theory?
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What is a necessary condition for a rule to be considered valid in the positive law framework?
What is a necessary condition for a rule to be considered valid in the positive law framework?
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What is the purpose of the cy-près doctrine?
What is the purpose of the cy-près doctrine?
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What can Parliament do in response to judicial decisions they disagree with?
What can Parliament do in response to judicial decisions they disagree with?
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What is necessary for government action according to the principles stated in Roncarelli vs. Duplessis?
What is necessary for government action according to the principles stated in Roncarelli vs. Duplessis?
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What was one of the factual circumstances about RN’s actions at the border?
What was one of the factual circumstances about RN’s actions at the border?
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What is the primary purpose of separating powers in a government?
What is the primary purpose of separating powers in a government?
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Which legal principle was the main issue regarding the actions of government officials in the R.v.Noway case?
Which legal principle was the main issue regarding the actions of government officials in the R.v.Noway case?
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Which branch of government is considered the supreme force in Canada?
Which branch of government is considered the supreme force in Canada?
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Who is responsible for approving laws in Canada?
Who is responsible for approving laws in Canada?
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Which sections of the Customs Act were identified as pertinent in the analysis of RN’s case?
Which sections of the Customs Act were identified as pertinent in the analysis of RN’s case?
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What mechanism ensures the executive branch is accountable in Canada?
What mechanism ensures the executive branch is accountable in Canada?
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What is one reason judicial decisions can influence the development of laws?
What is one reason judicial decisions can influence the development of laws?
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How many seats are there in the House of Commons?
How many seats are there in the House of Commons?
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What is the role of the Senate in the legislative process?
What is the role of the Senate in the legislative process?
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Who appoints the Governor General of Canada?
Who appoints the Governor General of Canada?
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Legitimizing laws is different from approving laws in which way?
Legitimizing laws is different from approving laws in which way?
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What was the core legal issue in Kosoian v.STM?
What was the core legal issue in Kosoian v.STM?
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What did the Supreme Court determine in the case of Roncarelli v. Duplessis?
What did the Supreme Court determine in the case of Roncarelli v. Duplessis?
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In Kosoian v.STM, what factor contributed to the court's finding of unlawful police action?
In Kosoian v.STM, what factor contributed to the court's finding of unlawful police action?
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What was a major factor the courts considered in both Kosoian v.STM and Roncarelli v. Duplessis?
What was a major factor the courts considered in both Kosoian v.STM and Roncarelli v. Duplessis?
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What was the outcome for Kosoian in her case against STM?
What was the outcome for Kosoian in her case against STM?
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How did the Supreme Court view Premier Duplessis's actions in Roncarelli v. Duplessis?
How did the Supreme Court view Premier Duplessis's actions in Roncarelli v. Duplessis?
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What similarity exists between Kosoian v.STM and Roncarelli v. Duplessis regarding their significant outcomes?
What similarity exists between Kosoian v.STM and Roncarelli v. Duplessis regarding their significant outcomes?
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What is one major difference between Kosoian v.STM and Roncarelli v. Duplessis?
What is one major difference between Kosoian v.STM and Roncarelli v. Duplessis?
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Study Notes
Theoretical Foundations
- Public Law Principles are principles that focus on the relationship between the state and individuals
- Legal Positivism is a theory that defines law as a set of rules established and enforced by the sovereign
- John Austin:
- His "Command Theory of Law" says laws are commands of the sovereign backed by the threat of consequences
- Believed that laws are valid only if created by the sovereign
- Laws are imposed without moral considerations
- Social Contract Theory (John Locke):
- The people agree to be governed in exchange for protection of their natural rights
- People surrender some freedom for state protection
- This contract allows the sovereign to rule
- Sovereigns can be overthrown if they fail to meet their end of the contract
Exam Question (Short Answer)
- What are the similarities and differences between legal positivism and natural law?
Validity of Law
- Legal positivism theory states that laws are valid because they are enacted by the sovereign or derived from existing decisions
- Rules are considered valid based on their source of authorization:
- Enacted by public officials
- Formulated through legitimate means
- Backed by state force
- Formulated by a body of rules
Roncarelli v. Duplessis
- Roncarelli's liquor license was terminated by the Premier of Quebec for unknown reasons
- This was an arbitrary action based on personal bias
- Roncarelli successfully challenged the decision in court
- The court found that the government’s actions were unlawful because they were not authorized by any law
Reference re: Manitoba Language Rights
- Manitoba attempted to pass a law making English the only language for legislation
- The Supreme Court declared the law invalid, because it violated a constitutional requirement for laws to be written in both English and French
- The court suspended the ruling to avoid creating a legal vacuum in Manitoba
- This case demonstrates the use of the rule of law to interpret and enforce constitutional requirements.
Wells v. The University of Western Ontario
- Professor Wills' bequest was denied by the university
- The court used the "cy-près doctrine" to modify the will to fulfill Professor Wills' intentions
- This case shows how judges can shape the development of the law when specific statutes are absent
- Parliament can alter or clarify judicial rulings by creating new legislation
Assignment #1
- Students are to write a judicial decision on whether the rule of law was violated in a hypothetical case
- The decision should include:
- Facts of the case
- Legal questions raised by the case
- Relevant legal authorities
- Analysis of the law and its applicability in the case
- Legal conclusion
R. v. Noway (Mayan Flower Case)
- Noway was charged under the Customs Act for attempting to bring an unapproved agricultural product into Canada
- Noway was acting suspiciously at the border and his vehicle was searched
- Customs officials found prohibited vines on his person and in his vehicle
Issue
- Did the government officials fail to comply with the rule of law?
Law
- Roncarelli v. Duplessis:
- Laws must be known, enacted, and applicable to everyone.
- Government actions must be authorized by law.
Analysis
- Known and enacted laws exist in this case (Customs Act)
- Everyone bound by law, evidence suggests no unequal application
- Was the action authorized by law:
- There is a qualified 'Yes' and 'Did reasonable grounds exist?'
Parliament and Legislative Authority
- The separation of powers and responsible government are key components to prevent tyranny
- The Canadian government divides power within the executive, legislative, and judicial branches
- The executive branch is accountable to the legislative branch
- The legislative branch is the supreme force of government
Legislative Branch
- The legislative branch is comprised of:
- House of Commons:
- Elected representatives representing different provinces
- The number of seats in a province is based on population
- Senate: Appointed by the Governor General based on recommendations by the Prime Minister
- Governor General: Appointed by the Monarch based on advice from the Prime Minister
- House of Commons:
- Role:
- Enforce the legislative powers
- Hold the executive accountable
- Advance the peoples views on government power
Representation, Approval and Legitimizing Laws
- The legislative branch approves laws through voting
- Approval of laws is distinct from legitimization
- The legislative branch legitimizes laws after they have been passed
Parliamentary Supremacy
- The legislative branch has supreme power over all other bodies
- This limits the power of the judicial branch, ensuring that legislatures can change laws without judicial intervention
Limits to Parliamentary Supremacy
- Constitutional Limitations:
- The Charter of Rights and Freedoms
- The Bill of Rights
- Specific laws cannot be created to violate the Charter or Bill of Rights
- Judicial Interpretation:
- Judges can review and declare laws unconstitutional.
Similarities and Differences Between Kosoian v. STM and Roncarelli v. Duplessis
- Similarities:
- Both cases concern the rule of law and the application of legal principles
- Both cases involve government action that was challenged in court
- Differences:
- Kosoian v. STM involved a police action based on a sign (not law) while Roncarelli v. Deplessis involved a direct and arbitrary action by the government
- The outcomes differed with Kosoian v. STM finding shared liability while Roncarelli v. Deplessis saw a declaration of unlawful government action
- Significance:
- These cases demonstrate the importance of the rule of law in protecting individual rights and preventing arbitrary actions by the government
- They highlight the role of the judiciary in enforcing the rule of law and challenging government actions that violate it.
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Description
Explore the key theories of law, including Public Law Principles, Legal Positivism, and Social Contract Theory. This quiz delves into the ideas of John Austin and John Locke, focusing on the relationship between the state and individuals. Test your understanding of these fundamental legal concepts.
