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A) Neither the federal and the provincial governments can change the provisions of the Charter without going through the constitution amending process.
B) The guarantee of the right of free speech allows citizens to avoid being held liable for defamation under the Constitution of Canada.
C) Any statute, by any level of government inconsistent with the provisions of the Charter is considered binding on all Canadians.
D) Any action by a government official violating the provisions of the Charter is not actionable under the Charter.
E) The Charter protects fundamental freedoms that apply only to relations between private citizens.
G) All of the above
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A) concluded that the federal and provincial legislation were in conflict, with the result that paramountcy would apply.
B) held that only the federal legislation was invalid.
C) held that only the provincial legislation was invalid.
D) concluded that the federal and provincial legislation were not in conflict; one simply went further than the other.
E) held that both the federal and provincial legislation were invalid.
G) C) and D)
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Often a statute will empower a particula...View Answer
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Here students are expected to discuss th...View Answer
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The student should relate how equity dev...View Answer
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B) False
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A) the decision of a sub-ordinate court must always be followed, regardless of the specific facts of the case.
B) provincial Court Judges have no authority to impose sentences in matters involving freedom of expression.
C) the doctrine of stare decisis no longer applies.
D) decisions of the Supreme Court of Canada ought only be applied in federal cases.
E) although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms.
G) B) and C)
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A) England alternately used common law and civil law legal systems, depending on the strength of the reigning king.
B) During times when power was decentralized, local lords, barons, or sheriffs would administer justice.
C) Historically, kings and nobles worked together to establish a common system of justice.
D) The early Norman kings failed to establish a feudal system, which allowed Roman civil law to take hold in England.
E) Strained relations between the English and French kingdoms explain why England adopted Roman civil law as its system of justice.
G) None of the above
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Substantive law establishes th...View Answer
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A) Trial by ordeal involved armed combat between the litigants or their champions.
B) Traveling courts, established by weak kings, provided a relatively unattractive method of resolving disputes.
C) Historically, local lords, barons, or sheriffs held court as part of their feudal responsibility.
D) Trial by battle involved some psychological test.
E) The courts of the nobles grew in power, eventually evolving into the modern courts of today.
G) C) and E)
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A) The provincial governments are considered inferior legislative bodies, so they can abdicate their powers, but only to the federal government.
B) Direct delegation between the federal and provincial government bodies is the only way governmental bodies can conduct their business.
C) There is no practical way for governments to overcome the prohibition against delegation.
D) Federal and provincial governments can delegate their powers to inferior bodies, such as boards and individual civil servants.
E) The federal government is considered an inferior legislative body, so it can abdicate its powers, but only to a provincial government.
G) A) and E)
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Because of the inequity and harshness of...View Answer
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The Courts...View Answer
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Hospitals, education, public h...View Answer
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Students should summarize the traditiona...View Answer
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B) False
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A) Parliament enacts legislation that infringes on rights contained in the Charter of Rights and Freedoms.
B) Parliament enacts legislation that is ultra vires.
C) Parliament enacts legislation in an area outside their jurisdiction.
D) Parliament enacts legislation that is not clear.
E) The Supreme Court of Canada disagrees with the substance of the legislation.
G) A) and E)
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A) The term stare decisis refers to the practice of following precedent, which forms the basis of our common-law system.
B) The common law derived aspects of the law of families and estates from the French Civil Code.
C) Equity is a system of law developed by the provincial legislatures.
D) The only province in which a judge is required to follow a comprehensive civil code is Ontario.
E) The Courts of Chancery developed the law of contracts.
G) A) and E)
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B) False
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