Sources of Law & Legal Reasoning
Areas like criminal, tort, and family law are all place in this category of law.
What is substantive law?
This section divides powers between the federal and provincial governments by listing areas of exclusive federal jurisdiction such as trade and commerce and criminal law.
What is section 91?
A province passes a law restricting religious schools from operating. Citizens argue this violates the Charter, specifically this section.
What is freedom of religion? (s. 2(a))
Age of retirement for Inferior court judges.
What is 70?
This refers to the obligation one person has to avoid causing harm to another
what is duty of care?
Legal concept that outlines that Common Law courts are bound by similar and higher court decisions.
What is Stare Decisis?
A bill passed by Parliament requires royal assent before becoming law, which is granted by this official representing the Crown at the federal level.
What is the Governor General?
Prime Minister, Noah Pinion, wants to adjust how Senate seats are allocated across the country. They need approval from Parliament plus this specific group of provinces representing at least 50% of the population.
What is two-thirds?
Judicial independence includes security of tenure and institutional independence. One component is missing from this list.
What is Financial Independence?
What is the full negligence checklist
What is: Duty of care, breach of duty (standard of care) and foreseeable harm.
A Canadian court refused to extend a law requiring safety equipment for cars, trucks, and motorcycles to include bicycles, reasoning that by specifically listing certain vehicles, Parliament intended to exclude others not mentioned, illustrating this rule of statutory interpretation.
What is expressio unius est exclusio alterius? (the inclusion of one is the exclusion of another)
This section of the Constitution Act of 1867 includes wording which has led the courts to interpret that Canada has Implied Bill of Rights.
What is The Preamble of the Con. Act of 1867?
The test used once it has been determined that a law violates a section of the Charter to determine if the violation is a reasonable limit.
What is the Oakes Test?
Timmy Dumbass committed a bank robbery in broad daylight, with no mask, and was caught on camera. Timmy due to his impatience, cut himself when fiddling with his knife. His blood was left at the scene and used to connect him to the crime. At trial, Timmy was convicted because there is no doubt he did it. Timmy, was upset he lost the trial. There was no legal error during the trial. What action could Timmy do?
What is nothing? (cannot appeal when there is no legal error).
Local Nova Scotian man, Barry Cade, set up a barricade and signs around an exposed electrical wire on his property line. The obstructions were placed temporarily until a contractor was able to come and fix the issue. His neighbour, Hal F. Wit, climbed over the barricade and touched the wire. He was electrocuted. Hal sued Barry for negligence. The court rejected the claim stating Hal failed this component of negligence.
What is Standard of Care?
This concept holds that Parliament has ultimate authority and will prevail over the courts in cases of conflict, as long as the government’s actions are constitutional.
What is Parliamentary Supremacy?
The federal government wants to make post-secondary education free across the country, but provinces have primary authority over education. Instead of imposing the plan, both levels of government negotiate funding arrangements that let provinces maintain control, illustrating this cooperative approach.
What is flexible federalism?
This section of the Charter can override sections 2, 7-14, and 15 if Governments choose to invoke it for a piece of legislation; however, they will need to revisit the law every 5 years years.
What is section 33? (Notwithstanding Clause)
The minimum amount of years an individual has to be a lawyer before they can be appointed as a judge.
What is 10 years?
A person texting while driving hits a pedestrian; this legal concept is clearly violated because the risk of harm was obvious.
What is reasonable foreseeability?
A BC lumberjack, Tim Burr avoided a harsher sentence by showing that a prior ruling about head injuries did not apply to his case involving a blow to the stomach, demonstrating this legal concept of recognizing meaningful differences between cases.
What is distinguishing?
Alberta Premier, Terry Bull, had legislation passed, with their majority government, stating that doctors who give medical treatment to children between the ages of 14 and 17 without parental approval could serve a 12 month jail sentence. The court determined this was unconstitutional. What concept can be used to strike down the law?
What is division of powers?
This provision of the Constitution Act, 1867 has been interpreted broadly by courts to uphold provincial regulation over contracts, labour relations, and most aspects of private law, often bringing it into tension with federal powers under what section.
What is section 7 (Right to life, liberty, & security of the person)?
The court of inherent jurisdiction in BC.
What is the BC Superior Court? (BCSC, BC Supreme Court).
This is the last name of the King of England.
What is Mountbatten-Windsor?