Sources of Law
Assize courts gave way to
What is common law?
The fundamental principles behind this theory of law can be recognized through reason and judgment.
What is natural law?
In this case, an Aboriginal woman felt discriminated against because ______.
What is the issue in AG v. Lavell?
This level of government holds the highest authority in a system of parliamentary supremacy.
What is Parliament?
What year was the Canadian Charter of Rights and Freedoms officially enacted into law.
What is 1982?
The preamble to the Charter of rights reflects
What is Canada’s religious heritage?
Where natural law proposes a correlation between moral principles and law, this legal theory suggests laws should be followed “simply because it is the law”
What is legal positivism?
This case questioned whether women are persons and should be considered such by the BNA Act of Canada.
What is the Person’s Case?
This term defines the practice of judges interpreting the law and applying it to cases.
What is Judicial interpretation?
This section of the charter guarantees the right to life, liberty, and security of a person.
What is section 7?
When a crime is committed, it is dealt with
What is public law?
Writer and Political Activist Audre Lord’s words “The master’s tools will never dismantle the master’s house,” describe this theory of law.
What is Critical Legal Theory?
This case established precedence by discussing the right to security of a person, specifically abortion. It was based off the Person’s Case.
What is R.v. Morgentaler?
This legal tradition places a strong emphasis on judicial precedent.
What is the common law system?
In a criminal case, the charter guarantees this right to the accused person.
What is section 11(b)?
If a common law principle and legislation apply to the same issue, one overrules the other
What is legislation?
For ______, law is essentially what the lawmakers say it is.
What is Legal Realism.
Canada Safeway had a group insurance plan which provided benefits for loss of pay resulting from accident or sickness. The plan excluded pregnant women during a seventeen-week period around their expected due date.
What is Brooks v. Canada Safeway Ltd?
This 2015 case dealt with the right to assisted dying and the court decided that the criminal prohibition on physician-assistant dying was unconstitutional.
What is Carter v. Canada?
Reasonable limitations can be put on charter rights if they are prescribed by law and can be demonstrably justified in a free and democratic society.
What is the reasonable limits clause?
According to moral philosophy, this distinguishes what society considers good and bad behaviour
What is law?
This theory of law aims to analyze jurisprudence through a Marxist lens.
What is Critical Legal Theory?
This case challenged women’s rights and share of properties and what does & doesn’t fall under “a woman’s duty to her husband.”
What is Murdoch v. Murdoch?
In this case, the Supreme Court of Canada ruled that a law against assisted suicide did not violate the Charter.
What is Rodriguez v. British Columbia
This section of the Charter allows Canada’s Parliament and provincial and territorial legislatures to pass laws that may violate certain Charter rights.
What is section 33/notwithstanding clause?