General
What branch of government creates statutes?
The Legislative branch
What law governs youth criminal justice in Canada?
The Youth Criminal Justice Act (YCJA).
What are Statutes?
The written laws passed by the Legislature/Parliament
What is the highest court in Canada?
The Supreme Court of Canada.
Fill in the blank: There must be accessible and effective means to resolve legal disputes and obtain _______ for violations.
remedies
What is the Rule of Law?
The principle that everyone is equally subject to the law, and it must be applied fairly.
What treaty is referenced in the Preamble to the YCJA?
The United Nations Convention on the Rights of the Child.
What is the common law?
Laws created/developed by the courts.
What is the function of the Executive Branch of government?
It applies (implements) the laws.
Fill in the blank: Legal issues should be resolved according to legal guidelines, not by _____ decision-making by officials.
arbitrary
What’s the difference between human rights (as per the UN) and legal rights in Canada?
Human rights are moral principles that may not be enforceable in court; legal rights are enforceable and written in domestic law.
What principle was affirmed in R. v. D.B.?
Youth have diminished moral culpability due to developmental differences.
What is Constitutional Law?
The law that deals with the structure of government and the limits of government power.
It provides the fundamental laws of the country.
What are the four levels of government in Canada?
Federal, provincial/territorial, Indigenous, and Municipal.
What is the title of Tom Bingham's book on the Rule of Law?
The Rule of Law.
What kind of law is the Canadian Charter of Rights and Freedoms?
Constitutional law
What was the "reverse onus" at issue in R. v. D.B.?
The onus placed on the young person to justify why they should not be prosecuted as an adult.
What are policies (in relation to law)?
They are instructions issued by a government Minister to direct how laws will be applied or how public officials (civil servants) will exercise their discretion in applying the law.
What is the lowest level of court in the provincial judicial system?
Provincial court.
Who said “Wherever law ends, tyranny begins”?
John Locke.
How does international human rights law become enforceable in Canada?
It must be incorporated into domestic law to become justiciable.
What Charter rights were discussed in R. v. D.B.?
Sections 7 and 15—
life, liberty, and security of the person;
equality under the law.
What is the function of regulations?
Regulations provide specific details on how the general provisions in an Act operate.
What is the highest level of court in a provincial judicial system?
The Court of Appeal.
Where in Canada's Constitution is there a reference to the Rule of Law?
The Preamble to the Charter of Rights and Freedoms.