Business Law Essay

2490 Words Feb 13th, 2013 10 Pages
1. What impact does the Canadian Charter of Rights and Freedoms have on rights and freedoms not mentioned specifically in the Charter? Could these "other rights and freedoms" be curtailed or extinguished by governments? Answer: The Charter recognizes the existence of other rights and permits them to continue except where they conflict with Charter rights and freedoms. Rights outside the Charter do not have Charter protection, and may be abolished or encroached upon by governments. 2. What is the difference between a "right" and a "privilege"? Answer: A right is an act that may be done with impunity and with the support and recognition of the state. The state recognizes a right as something which neither it nor others may
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Equity differs from statute law in the sense that statute laws are written or codified laws, whereas the principles of equity are found in the recorded judgments of the courts. 9. How does a legislature establish a new law? Explain the procedure. Answer: The usual process is as follows: a. A bill (essentially a proposed law) is presented to a legislative body (Parliament or provincial legislature). b. A motion is made (and passed) to have the bill 'read' a first time. c. The bill is then printed and circulated to the members to study. d. The bill is later brought forward for debate (second reading) in principle. e. If the bill passes the second reading stage, it is sent to a Committee for study and amendment on a clause by clause basis. f. Once passed by the Committee, the bill is reported in final form by the Chair of the Committee for a third reading.
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g. The bill is then debated for a final time by way of a motion to have the bill read a third time. h. If passed by a majority vote, the bill at the federal level goes to the Senate where a similar process is followed. i. Once a bill has been passed by the House of Commons and Senate (or a provincial legislature) it goes to the Governor-General (or Lieutenant-Governor, if provincial) for royal assent. j. The bill becomes a law on receipt of royal assent, and effective as a law when proclaimed

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