Paralegal Technology

JCA.1F
Course: Administrative Procedures 310-PAF-ID
Instructor: Monica Morency

Student's Booklet

Version A
Midterm Examination 35 %

Last Name: SANDHU_______________________________ Given Name: AMANDEEP SINGH______________________

Center: ______________________________________________________________________________________________

Permanent Code: ______________________________________________________________________________________

Date: 2 JULY 2022______________________________________________________________________________________

DECISION FORM

Time Allotted: 90 minutes

Minimum Performance Standard: 30 marks out of 50

SPACE RESERVED FOR THE TEACHER

Time Recorded: _______________________  

Number of Correct Answers: ___ out of 50 PASS FAIL
310-PAF-ID Student's Booklet Page 3 of 10

1. INSTRUCTIONS AND INFORMATION FOR THE STUDENT

1.1 You may not use class notes or other unauthorized documents.

1.2 You may not speak with or communicate in any other way with another student.

1.3 Complete the identification box on the cover of the booklet.

1.4 Write legibly with a black or blue pen.

1.5 Each response must be with full sentences.

You can lose up to 2 points if you do not follow this instruction.

1.6 Hand in the Student's Booklet to the teacher at the end of the exam.

1.7 You are authorized to use the Act Respecting the Administrative Justice only.
Your code should not contain text written by hand.

1.8 The grade of this exam is 35 %.

PLAGIARIMS, CHEATING, MISCONDUCT WILL NOT BE TOLERATED. SERIOUS DISCIPLINARY ACTION

WILL BE TAKEN AGAINST A STUDENT DOING SO.
310-PAF-ID Student's Booklet Page 4 of 10

Question 1 (2 marks) Space

reserved for
What Law institutes the Canadian Human Rights Commission? the teacher
Select the appropriate statute among the following.

A) Act Respecting the Administrative Justice

B) Constitution Act, 1867 /2
C) Canadian Human Rights Act
D) Canadian Charter of Rights and Freedoms
Circle the letter corresponding to the correct answer. Yes No

A B C D  

Question 2 (2 marks)
Which of the following is part of public law?
Select the appropriate structure among the following.

A) Constitutional law
/2
B) Commercial law
C) Maritime law
D) Private international law
Yes No
Circle the letter corresponding to the correct answer.
A B C D  

Question 3 (2 marks)
Which of the following is part of private law?
Select the appropriate structure among the following.

A) Administrative law
/2
B) Tax law
C) Maritime law
D) Criminal law
Yes No
Circle the letter corresponding to the correct answer.
A B C D  

Question 4 (4 marks)
How many divisions does the TAQ contain? List them.
310-PAF-ID Student's Booklet Page 5 of 10

Space
Write the answer in the space provided below.
reserved for
ANSWER: THERE ARE 4 DIVISIONS IN TAQ (TRIBUNAL ADMINISTRATIVE OF the teacher
QUEBEC):

1. SOCIAL AFFAIRS DIVISION.

2. IMMOVABLE PROPERTY DIVISION

3. TERRITORY AND ENVIRONMENT DIVISION

/4
4. ECONOMIC AFFAIRS DIVISION___________________________________

Yes No

 

Question 5 (4 marks) Space

reserved for
To who administrative law applies? the teacher
Write the answer in the space provided below
ANSWER: WITH THE RELATIONSHIP BETWEEN GOVERMENTS AND ITS
CITIZENS,ADMINISTRATIVE LAW IS ONE OF THE THREE PRIMARY AREAS OF PUBLIC
LAW; the other two are constitutional law and criminal law. Administrative law ensures that
government actions are authorized by Parliament or by provincial legislatures, and that laws are
implemented and administered in a fair and reasonable manner. Administrative law is based on the
principle that government actions must be legal, and that citizens who are affected by unlawful
government acts must have effective remedies. A strong administrative law system helps maintain
public confidence in government authority. /4

Yes No

 

Question 6 (4 marks)
What are the mandates of the CHRC?
310-PAF-ID Student's Booklet Page 6 of 10

Space
Write the answer in the space provide reserved for
the teacher

ANSWER: FOLLOWING ARE THE MANDATES OF CANADIAN HUMAN RIGHTS

COMMISSION: -

THERE SHOULD BE EQUALITY IN MALE AND FEMALE.FEDERAL PUBLIC AND

PRIVATE SECTOR ORGANIZATIONS MUST VALUE THE WORK DONE BY WOMEN IN
THE SAME MANNER AS MEN.

help federally regulated employers and services create a barrier-free Canada through the proactive /4
identification, removal, and prevention of barriers to accessibility;

drive change on key systemic housing issues and advance the right for housing for all in Canada.

Yes No

 
310-PAF-ID Student's Booklet Page 7 of 10

Question 7 (4 marks) Space

reserved for
The CHRC does research related to Canadian Human Right Act to help who? the teacher
Write the answer in the space provided below.
EVERYONE IN CANADA IS TREATED EQUALLY ,NO MATTER WHO THEY ARE,WHERE
THEY BELONG OR OF WHAT AGE GROUP THEY ARE .
EVERYONE IN THE WORLD IS ENTITLED TO THE SAME FUNDAMENTAL HUMAN
RIGHTS.
IN CANADA HUMAN RIGHTS ARE PROTECTED BY PROVINCIAL ,
TERRITORIAL,FEDERAL AND INTERNATIONAL LAWS. /4
Yes No
THUS,CHRC HELPS EACH AND EVERY HUMAN FAIRLY RESIDING IN THE COUNTRY.

 

Question 8 (4 marks) Space

reserved for
Identify at least four (4) Royal prerogative powers. the teacher
Write the answer in the space provided below

/4
Yes No

 
Question 9 (6 marks) Space
reserved for
Define Administrative Law. the teacher
Write the answer in the space provided
THE PURPOSE THE ADMINISTRATIVE LAW IS TO AFFIRM THE SPECIFIC CHARACTER
OF ADMNISTRATIVE JUSTICE IN ORDER TO ENSURE IT’S QUALITY, ACCESSIBILITY,
AND PROMPTNESS AND LAST BUT NOT LEAST TO SAFEGUARD THE FUNDAMENTAL
RIGHT OF CITIZENS.IT ESTABLISHES THE GENERAL RULES OF PROCEDURE
APPLICABLE TO INDIVIDUAL DECISIONS MADE IN RESPECT OF A CITIZEN.
WITH THE RELATIONSHIP BETWEEN GOVERMENTS AND ITS
CITIZENS,ADMINISTRATIVE LAW IS ONE OF THE THREE PRIMARY AREAS OF
PUBLIC LAW; the other two are constitutional law and criminal law. Administrative law
ensures that government actions are authorized by Parliament or by provincial legislatures,
and that laws are implemented and administered in a fair and reasonable manner.
 310-PAF-ID Student's Booklet Page 8 of 10

Administrative law is based on the principle that government actions must be legal, and that citizens
who are affected by unlawful government acts must have effective remedies. A strong
/6
administrative law system helps maintain public confidence in government authority.
THERE ARE 4 DIVISIONS IN TAQ (TRIBUNAL ADMINISTRATIVE OF QUEBEC):

1. SOCIAL AFFAIRS DIVISION.

Yes No
2. IMMOVABLE PROPERTY DIVISION
 
3. TERRITORY AND ENVIRONMENT DIVISION

4. ECONOMIC AFFAIRS DIVISION

Question 10 (6 marks) Space

reserved for
What is the difference between Private Law and Public Law? the teacher
Give two examples of each.

Write the answer in the space provided.

PRIVATE LAW PUBLIC LAW

 PRIVATE LAW SET THE RULES  PUBLIC LAW SET THE RULES /6
BETWEEN INDIVIDUALS. FOR THE RELATIONSHIP
BETWEEN THE INDIVIDUALS
AND SOCIETY
 IT IS ALSO CALLED AS CIVIL LAW

 IT IS ALSO CALLED AS CRIMINAL

LAW, CONSTITUIONAL LAW AND Yes No
ADMINISTRATIVE LAW.
 PRIVATE LAW SETTLED THE
 
DISPUTE AMONG GROUP OF  CRIMINAL LAW DEALS WITH THE
PEOPLE AND PROVIDE CRIME AND PUNISHMENTS
COMPENSATION TO THE VICTIMS. WHEREAS ADMINISTRATIVE LAW
EXAMPLE OF THE FENCE. WHICH IS PUBLIC LAW WHICH
DEALS WITH ACTIONS AND
OPERATIONS OF GOVERMENT.
______________________________________________________________________________

Question 11 (4 marks)
 310-PAF-ID Student's Booklet Page 9 of 10

What is the difference between the Canadian Human Rights Tribunal and the Canadian Space
Human Rights Commission? reserved
for
Write the answer in the space provided beloW
the teacher
ANSWER:The Canadian Human Rights Act was created to safeguard people from
discrimination.It declares that everyone in Canada has the right to equality, fair
treatment, equal opportunities, and an environment free from discrimination. When
matters are referred to the Canadian Human Rights Tribunal (CHRT) by the Canadian /4
Human Rights Commission, the CHRT adopts these guidelines (CHRC).The Tribunal is
akin to a court of law, but less formal and limited to hearing discrimination-related
matters. On November 1, 2014, the Administrative Tribunals Support Service of
Canada Act went into effect. It helps to think of the CHRT's role as similar to that of a Yes No
court and the CHRC's role as similar to that of the police, receiving and investigating  
complaints. If the Commission believes that further inquiry is warranted, and a
resolution between the parties cannot be reached, it refers the case to the Tribunal for
formal hearing. At this stage, the Commission will take one of three positions:
1. It may act like a crown attorney and fully participate at the hearing in the public
interest by leading evidence to prove a case of discrimination;
2. It may participate as above, but in a limited capacity by addressing specific
issues or legal questions, but will not by present during the whole hearing; or
3. It may choose not to participate in the hearing process at all.

Question 12 (4 marks) Space

reserved for
What matters does the Social Affairs division hear? the teacher

Write the answer in the space provided beLOW

ANSWER The claims dealt with by the social affairs section generally concern
a person's right to receive one or other of the various allowances provided
for in Quebec law. But this section also deals with the protection of persons
whose mental state presents a danger, health services and social services, the
pension plan, compensation and certain aspects of immigration.
/4

Yes No

 
Question 13 (4 marks)
Explain the term “declaratory judgment” or “Jugement déclaratoire”.
Write the answer in the space provided belOW
310-PAF-ID Student's Booklet Page 10 of 10

ANSWER A ruling from a court outlining the parties' legal rights with regard Space
reserved for
to the issue at hand. Declaratory judgements are different from other the teacher
decisions in that they do not impose any obligations on a party or provide
compensation for legal infractions. Declaratory decisions, on the other hand,
determine whether the parties may ask for or are entitled to remedies.
Declaratory judgements are final and enforceable but have no preclusive
power if: A subsequent case addresses matters unrelated to those argued and
decided in the declaratory judgement action.

In the declaratory judgement case, a party additionally requested injunctive

remedy in addition to declaratory relief.
/4
______________________________________________________________________________

Yes No

 

Question 14 (2 marks) Space

reserved for
TRUE OR FALSE the teacher
Administrative judges have the power to sentence an individual to jail.
Explain
/2
Write the answer in the space provided below.
Yes No
THE ABOVE STATEMENT GIVEN IS FALSE BECAUSE, Administrative law is based on the
principle that government actions must be legal, and that citizens who are affected by  
unlawful government acts must have effective remedies. A strong administrative law
system helps maintain public confidence in government authority.