Law Exam Review

Unit 1: Heritage
What is Law?
 A system of rules created by the government, which seek to protect members in society
and uphold a certain standard of contact
Why do we need law in our society?
 They inform us how to behave (code of conduct)
 Help to resolve disputes
 Provide protection & stability
What is the difference between rules and laws?
 The main difference between a rule and a law is that rules can be broken and don’t hold
the same consequences of someone who breaks a law.
What are factors that drive changes in the law?
 Demographic Changes (i.e. immigration, education, birth/death rates, employment)
 Technological changes (i.e. BNA act of 1867 that made Canada a federal state)
 Changes in Values (i.e. laws tolerated certain behavior like smoking indoors at one point)
 National Emergencies (i.e. War Measures Act 1970, Anti-Terrorism laws)
What are Factors that determine if a law is good or bad?
1. Is the law enforceable?
2. Is the law fair?
3. Does the law apply to a majority or minority group of individuals?
4. Is the law inhumane?
5. Is the law based upon enlightened principles of civilizations?
6. Is the law clearly articulated?
7. Does the law fit standards of health and safety
8. Does the law balance rights against responsibility?
9. Is the law necessary?
10. Is the law accessible to everyone?
What are the Origins of Law?
Hammurabi(1750BCE):
 Codification-282 laws were carved into tall pillar
 Retribution (eye for eye mentality= harsh punishments)
 Patriarchal society
Mosaic(1240BCE):
 Based on Christian and Jewish faith
 Restitution (Civil court today)
 Distinguished between deliberate vs accidental acts

The Greeks(620BCE)
 Democratic ideals were created
 Limited democracy= citizenship only granted to native born men over age of 18
 Jury ideology created and used

The Romans (550CE)

 Created official legal profession and trained scholars
 Justinian Code
 “Innocent till proven guilty”

The British (Feudalism):

 Kings Court was established **Curia Regis**
 The creation of Precedents **Stare Decisis**
 RULE OF LAW **Magna Carta** established in 1215 under King John’s ruling
 The creation of Parliament (from this, laws were widely accessible to the public)

The Indigenous people:

 Laws were not written- everything was verbally enforced
 Chief was in command but everyone man and woman have their own voice

The French:
 Only in QUE they use civil law
 French civil code- rooted in Roman Law
 Napoleonic (1804)

What is the rule of Law?

 No one person is above the law
 All laws apply to everyone in Canada equally even government officials

Substantive vs Procedural Law

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  Substantive Law: Identifies rights and duties of a person or level of government
 Procedural Law: Outlines methods that must be followed enforcing substantive law

Public vs Private Law

Private Law Public Law

Family Administrative

Tort Constitutional

Contract Criminal

Labor

Estate/ Law

Property

Theories of Law: *Seen on last page*

Philosophers: *Seen on Last Page

Unit 2: Rights and Freedoms

Sources of Canada’s Constitution

Primary Secondary

Social and
Customs and Court Decisions
Religion political Constitution Statutes
Conventions
Philosophy

Definitions:

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Entrenchment: a basic law or constitution that makes certain amendments either more difficult or
impossible to pass
Amendments: a minor change or addition designed to improve a text, piece of legislation,
Habeas Corpus: a court petition which orders that a person being detained be produced before a
judge for a hearing to decide whether the detention is lawful.
Due Process: fair treatment through the normal judicial system, especially as a citizen's
entitlement.
Civil Rights: the rights of citizens to political and social freedom and equality
Human Rights: the rights of citizens to political and social freedom and equality

UNIT TWO; RIGHTS AND FREEDOMS

Canadian Constitutional Law

1. Why is the constitution so important?

- Provides framework for laws
- Can be written or unwritten
- Customs, conventions, court decisions and status
2. What are the three main sources of the Constitution?
- The British North American Act (BNA)- 1867
- Canadas unwritten constitution
- Court decisions
3. What powers are given to each level of government?
- Federal Government; military, air travel, currency, trade, RCMP, foreign affairs
- Provincial Government; education, health care, O.P.P, provincial taxes
- Municipal Government; parking, dogs on a leash, no fireworks in public park
4. Why was education given a separate section in the BNA Act?
- Section 93
- Educational rights of Roman Catholics and Protestants, as they existed at the time
of Confederation
- Education was so important because government sees it as a tool to control
children’s futures
Evolution of Canada’s Constitution

1. What was the timeline of Canada’s Constitution?

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 - 1867; Ontario, Quebec, New Brunswick, Nova Scotia
; Main debates were around having a federal type system (fed, prov, mun)

- 1931; Statute of West Minister, gave Canada control over its own foreign affairs
- 1982; Constitution is patriated, brought home to Canada and renamed the
Constitution Act of 1867, we also get the charter of rights and freedoms
The Charter and the Courts

1. The evolution of the Canadian Charter of rights and freedoms falls into 4 time periods.
What are they?
- English Common law and customs
- The Canadian Bill of rights
- The Victoria Era
- The Canadian Charter of rights and freedoms
2. What are the main parts of the CCRF?
- Section 2; Fundamental Freedoms
- Section 3-5; Democratic Rights
- Section 6; Mobility Rights
- Section 7-14; Legal Rights
- Section 15; Equality Rights
- Section 16-22; Language Rights
- Section 23; Aboriginal Rights
- Section 24; Enforcing the Charter
- Section 25- 31; General
- Section 33; The Notwithstanding Clause
3. What are the three major limitations on the protections offered by the CCRF?
- Section 1; Reasonable limits
 Rights and Freedoms reflect societies expectations in a free and
democratic civilization
 Limitations must be justified
 Past rulings of similar circumstances of a case determine what is
reasonable (ex. Racial slurs)
4. What is section 33 of the CCRF? Why are governments reluctant to revoke it?

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 - Section 33; Notwithstanding Clause
 Allows parliament or provincial legislatures to override or ignore sections
2 and 7-15 of the CCRF
 Any declaration expires after 5 years, but can be re- enacted indefinitely
 If they revoke it, the provinces would get mad thinking they have no
power
5. When a court finds a law that violates a charter right and cannot be saved by s.1, what are
the 3 remedies available?
- Striking down, partial invalidly, reading down, reading in
6. What is the difference between “striking down” and “reading down” in law?
- Striking down is when a law is abolished
- Reading down is when certain parts of the law are thrown out to bring it in line
with the charter
7. Outline the criteria established in R. v Oaks to determine whether a law limiting the
charter right is reasonable.
- Prescribed by law
- Pressing and substantial
- Proportionality
- Rational connection
- Minimal impairment
8. What is the significance of the Oaks Test?
- Determines whether an infringement is reasonable in fair and just society

9. Explain the meaning of “equality doesn’t always mean equal”

- You have to take everyone into consideration, and things they need
- Different situations call for different outcomes, yet is still equality. (max and min
prisons)
10. Why was Vriend v. Alberta a landmark judgement?
- Section 15; Equality
- Sexual orientation was added to section 15
- Before it was assumed that it was included, but after this case it was know

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 11. With examples, distinguish between enumerated grounds and analogous grounds of
discrimination.
- Enumerated grounds; everyone has the right not to be discriminated against based
on gender. This right is explicitly stated in section 15 of the charter.
- Analogous grounds; one cannot be discriminated against based on their sexual
orientation, even though it is not explicitly stated in section 15.
UNIT THREE; INTERNATIONAL LAW

1. Explain the concept of state sovereignty.

- The lawful control by a state over its territory, right to govern in that territory, and

authority to apply law there to the exclusion of other states.

2. Why is the concept so important to the study of international law?

- It shows that countries are still free and have power over their own land.
- No world government
3. How is international law different from international law?
- Domestic law governs the behaviours and actions of individuals within a country.

- International law governs behaviours and actions of bodies of governments; states

and countries.

- International law; has to consider international treaties and customs. Treaties

comes out of agreements created formally between states or countries.

4. What advantages do states gain by agreeing to subject to international law?

- Extradition Treaties; Agreements that arrange to send persons to other countries to

be tried for crimes committed there.

- Free Trade Agreements; That reduce or remove trade barriers.

- Defence Treaties; Govern organizations such as NATO (North Atlantic Treaty

Organization
5. What is a treaty? In what ways are they part of international laws?
- Pillars of international relations

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 - Binding commitments between nations

6. What is diplomatic immunity? How is it different from diplomatic asylum?

- Diplomatic asylum; a state grants a fugitive asylum in its embassy or legislation
situated within the territory of another state.
- Diplomatic immunity; the privilege of exemption from certain laws and taxes
granted to diplomats by the country in which they are working.
International Organizations

1. Identify four reasons for the failure of the league of nations.

- Exposed weakness which encouraged Hitler
- Failed to resolve the major political disputes
- Failed to prevent another world war
- Failure to punish other countries for breaking treaties and not stepping in when
Hitler built an army.
2. What are the primary objections of the united nations?
- To maintain international peace and security

- To develop friendly relations among nations

- To solve international problems

- To promote and respect human rights

- To be centre for harmonizing for actions of nations

3. Outline the 6 main organs of the United Nations and identify one distinguishing
characteristics of each.
- General Assembly;
 Forum for all member states
 Holds and annual session in September
 Meets throughout the year for emergency debates
 World leaders or their representatives present their position on various issues.
- The Security Council;
 Where the real power of the U.N lies
 Council is made up of twoCaC groups
- Five permanent members are; China, France, Britain, US, and Russia (they

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 have veto power over any U.N decision)

10 non- permanent members are elected for two year terms who aid the
permanent members come to decisions.

 Matters of peace and security were originally placed exclusively in the hands
of security council
 Resolution must have nine “yes” votes, cannot be vetoed by permanent
member, any nation can abstain from voting.
 They have a number of standing and ad hoc committees to assist
 Ad hoc ones administer sanctions
 Has two war crime tribunals
 Supervisors ongoing peacekeeping operations
 Made of troops and equipment supplied by member nations
- The Secretariat
 Carries out day- to- day work of the U.N
 Administers programs and policies
 The U.N’s civil service
 CEO is the Secretary- General (appointed by General Assembly for 5 year
renewable term)
- Roles of the Secretary General
 Reports on international problems and progress to the general assembly
 Asks the security council to deal with matters that threaten international peace
and security
 Acts as a mediator in international disputes
 The security- general must maintain complete independence free of any
influence by any members of the U.N
- The Economic and Social Council
 Branch of the U.N that works on the U.N’s international economic, social,
cultural, educational, and health responsibilities.
 The work of the Economic and Social council is in many ways the most
important and enduring of all U.N achievements.

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  The council co- ordinates the program of many humanitarians and
technological organization
- The Trusteeship Council
 Protects the interests of those territories that are not fully self- governing
 Consists of the United Nations, China, France, Russia, United Kingdom
 The council is presently active
 Used to meet once a year but amended U.N Charter so now only meet if need
arises
- International Court of Justice
 The court upholds the U.N Charter and enforces international law as agreed
upon by U.N member states
4. What are the roles of the UN secretariat and the security general?
- Look at question 3

5. What is the international court of justice, what are its 2 main functions?
- Established in 1945 by the Charter of United Nations

- Was established in part because of the many disputes that arose out of the conflict and

settlement of the second world war

- The court is in the Netherlands (Hague) because of the cities long lasting history as a

center of peaceful international relations.

- Courts role is to settle, in accordance with international law, legal disputes submitted

to it by states and to give advisory opinions on legal questions referred to by

authorized United Nations bodies.

- Composed of 15 judges- nine year terms

- Court has two types of hearings

1. Legal disputes between states known as contentious cases

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 2. Requests advisory opinions on legal questions referred to it by United Nations

organs and specialized agencies. Known as advisory proceedings and non-

binding rulings of the court

6. What types of cases are heard by the ICJ?

- Contentious cases; Extradition, territorial sovereignty
- Advisory proceedings

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