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25 Cards in this Set

  • Front
  • Back

With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?


The Supreme Court of Canada has the power to find the province didn't have the power to pass the statute, with the result that the statute would no longer be law.

Which of the following is correct with respect to language rights as set out in the Charter?


Only federal government services must be provided in both English and French.

Which of the following will override a particular provincial common-law rule as articulated by a trial-court judge of the highest trial level court in the province?


A contrary subsequent ruling by the Court of Appeal of the province.

With regard to the Constitution of Canada, which of the following is false?


Members of our federal parliament in Ottawa have been given the sole power to amend the Charter of Rights and Freedoms.

Which of the following is correct with respect to the Charter of Rights and Freedoms?


Section 33 (the notwithstanding clause) only applies to some specified provisions of the Charter.

In Maple Ridge District v. Meyers, the Supreme Court of Canada:


struck down the legislative competence of Maple Ridge bylaw down as ultra vires.

Which of the following is correct with respect to the civil law system?


The Civil Code as used in Quebec covers private disputes between individuals.

Which of the following is correct with respect to limitations on the Charter?


Interference with rights must be justifiable in a free and democratic society.

In R. v. Keegstra, the Supreme Court of Canada stated that:


although the freedom of expression is violated by the Code, these infringements are justifiable under Section 1 of the Charter of Rights and Freedoms.

Which of the following is correct with respect to the characteristics of stare decisis in the common law?


It allows decisions of the courts to be predictable by the parties.

Which of the following statements is correct with respect to the application of the Charter of Rights and Freedoms?


The Charter of Rights and Freedoms applies to the federal and provincial governments but not to local municipal governments.

Regarding the Charter of Rights and Freedoms, which of the following statements is true?


Neither the federal and the provincial governments can change the provisions of the Charter without going through the constitution amending process.

In Rothmans, Benson & Hedges Inc. v. Saskatchewan, the Supreme Court of Canada:


concluded that the federal and provincial legislation were not in conflict; one simply went further than the other.

In R. v. Clough, the BC Court of Appeal stated that:

the Provincial Court Judge could not refuse to follow the decision of a senior court on the basis that the case had been wrongly decided.

Ms. Lott was required by a provision in the B.C. school act to retire from her position as an elementary teacher at the age of 65. She did not want to retire. She commenced an action against the school board. Which of the following is false with regard to this situation?


The federal legislature is the proper body to decide if the provincial school act is lawful.

Which of the following is a legal right under the Charter?


Everyone has the right not to be exposed to any unreasonable search and seizure.

Which of the following is incorrect with respect to the rights of the party whose Charter rights have been violated?



The remedies available to the victim of a violation of a Charter provision are restricted to those listed in the Charter.

Which of the following was not one of the factors that led to the creation of the law of equity?


The outcome in the common law courts was unpredictable.

Which of the following is correct with respect to the impact of the passage of the Charter of Rights and Freedoms in Canada?


The passage of the Charter has given the judges more power than they had before its passage.

Which among the following was not a purpose of the Constitution Act (1982)?


To redefine the role of the queen and her representative, the Governor General.

All provincial bills require royal assent of the Governor General before they can become law.


False.

The common-law courts as developed by King Henry and subsequent kings were used to impose the will of the sovereign on the people.


False.

There are no limitations to the right of freedom of expression.


False.

Common law is also known as judge-made law.


True.

Judges in a common-law system base their decisions on other judges' decisions.


True.