This is the latin term for the common law doctrine of precedent.
What is stare decisis?
100
When a federal law conflicts with a provincial law it is rendered inoperable by virtue of this doctrine.
What is federal paramountcy?
100
If a private entity is under the routine control of _____ it will be subject to the Charter with respect to all of its activities.
What is government?
100
In the _________ King George III declared that Indigenous people should not be "molested or disturbed" on their lands and that Indigenous lands could be acquired only by treaty or purchase by the Crown.
What is the Royal Proclamation of 1763?
100
The _____ approach to statutory interpretation requires that the the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.
What is the modern approach?
200
Under British law, the law that governed a colony depended on whether it was considered "settled" or ______.
What is conquered?
200
A conflict between federal and provincial law will arise if there is an impossibility of dual compliance or _____?
What is a frustration of the federal purpose by the provincial law?
200
A legislative declaration invoking the "notwithstanding clause" expires after _____ years.
What is five?
200
Section 88 of the Indian Act requires Indians to abide by _____ laws of general application.
What are provincial laws of general application?
200
The scope of the duty to consult in any particular case is proportionate to the preliminary assessment of the strength of the Aboriginal claim and the ____.
What is the seriousness of the potential impact to the Aboriginal right/title?
300
Lower courts are bound by the decisions of appellate courts in the same jurisdiction. Decisions from other jurisdictions are merely persuasive (i.e. non-binding). This is known as the “____ convention of precedent.”
What is vertical?
300
This doctrine renders a law inapplicable to a particular situation because otherwise it would impair the core of another level of government's jurisdiction?
What is the doctrine of interjurisdictional immunity?
300
At the first step of the Irwin Toy test for a violation of s. 2(b) of the Charter, a court must ask whether the activity_____?
What is conveys (or attempts to convey) meaning in a non-violent way?
300
In Van der Peet, the SCC held that the practices that constitute Aboriginal rights are those that existed prior to ____.
What is contact?
300
This unwritten constitutional principle has been called a "fundamental postulate" of our "constitutional structure", a notion that comprises "indispensable elements of civilized life" and a principle with "profound constitutional and political significance."
What is the rule of law?
400
In Reference re Senate Reform, the Supreme Court of Canada held that the Senate had two original purposes. The first was to be a chamber of second thought. The second was ______.
What is to give each region of the country equal representation, regardless of population size?
400
In Quebec v. COPA (2010), the Supreme Court held that determining the location of these was at the core of federal jurisdiction over aeronautics?
What are airports?
400
If a deprivation of life, liberty or security of the person is unconnected to the government's objective in at least some cases it will violate this principle of fundamental justice.
What is overbreadth?
400
In order to establish Aboriginal title, the claimants must demonstrate that at the time of sovereignty, their occupation of the land was ____.
What is exclusive?
400
The latin name for commentary by a judge in their reasons that was not necessary for the outcome of the case.
What is obiter dicta?
500
This constitutional amendment procedure requires resolutions from the House of Commons, Senate as well as the legislative assemblies of at least 7 provinces that together have at least 50% of the population.
What is the general amendment procedure?
500
Pursuant to this doctrine, a part of a law can validly intrude into another government’s exclusive jurisdiction as long as that part is sufficiently integrated into a broader scheme that is within the government’s authority.
What is the ancillary powers or necessarily incidental doctrine?
500
An analogous ground of discrimination is a personal characteristic that is immutable or ______.
What is constructively immutable?
500
The duty to consult arises when the Crown has knowledge of the potential existence of the Aboriginal right/title and contemplates ______.
What is conduct that might adversely affect it?
500
Peter Hogg and Allison Thornton responded to the argument that the Charter is anti-democratic by advancing this theory.