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150 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Who is the federal Minister of Justice? |
Jody Wilson-Raybould |
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What is the goal of the separation of powers? |
To prevent abuses of power. |
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What conflicts do you see the separation of powers? |
1) Prime Minister appoints judges, so they're not completely independent 2) the PM controls the executive branch through his Cabinet 3) the executive branch influences the legislative branch |
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Based on which power do we have a Provincial Minister of Justice? |
The powers in article 92 of the BNA |
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Who is the provincial Minister of Justice? |
Stéphanie Vallée |
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What date was the Ministry of Justice created in Quebec? |
1965 |
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What is the role of the Ministry of Justice? |
To administer the courts and manage the Crown prosecutors |
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What is the role of the Minister of Justice? |
Attorney General: give legal advice to the government. (making sure laws are constitutional) |
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Who appoints the provincial Minister of Justice? |
The Premier |
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How many courthouses do we have in Quebec? |
36 |
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What are some services provided by the provincial courts? |
Registration & conservation of acts of procedure Mediation services Plumitif Collection of fines Celebration of civil marriages |
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What are some of the key accomplishments of the provincial Ministry of Justice? |
1971: small claims court 1972: legal aid and Victims of Crime Fund 1989: Human Rights Tribunal 1994: revision of the CCQ |
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When was the federal Ministry of Justice created? |
1868 |
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In 1690, John Locke wrote the "2nd Treaties of Civil Government", in which he separated the legislative branch from the executive branch and kept the judicial branch in the executive branch. What is different today? |
The judicial is now a separate branch |
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What is the legislative power? |
The power to create laws. |
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Who adopts laws in Quebec? |
The National Assembly & the Lieutenant Governor |
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How many Members are in the National Assembly? |
125 |
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What are some of job functions of the Members of the National Assembly? |
- Participate in the legislative process (create & vote on laws) - Control the actions of the government (by questioning) - Representative & intermediate between the voters and the government |
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Name a few categories of laws that the Quebec National Assembly can create laws on. |
Education Land management Health The celebration of marriages |
Art 92 |
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Who is the Lieutenant Governor? |
J. Michel Doyon |
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What type of power does the Lieutenant Governor have? |
Executive power |
Branch? |
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What are some of the roles of the Lieutenant Governor? |
1) Opening & closing of National Assembly 2) Forms the government upon recommendation of Premier 3) Swearing in of Cabinet Ministers 4) Royal Assent of Bills |
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Who adopts laws at the federal level? |
The House of Commons with the Senate and the Governor-General |
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How many seats does a party need to have to be considered a federal party? |
12 |
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Why is the House of Commons also called the Lower House? |
Because in the UK, the Lower House was composed of commoners, while the Higher House, aka the House of Lords, was composed of nobles. |
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How many Members of Parliament (MPs) do we have? |
308 |
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What are the main responsibilities of the Members of Parliament (MPs)? |
1) Participate in the legislative process (create & vote on laws) 2) Control the actions of the government (by questioning) 3) Representative & intermediate between the voters and the government |
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The Senate is part of the _____________ power? |
legislative |
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How many Senators do we have in Canada? |
105 |
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Senators are appointed by the Governor General based on the advice of the _______________? |
Prime Minister |
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Does the Province of Quebec have a Senate? |
No |
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What are the powers of the Senate? |
1) propose new bills (except financial ones) 2) veto power on new bills (never use it) 3) vote on new bills |
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What are justifications for having a Senate? |
1) calm revisions, without having to worry about re-election 2) regional protection 3) express our multiculturalism |
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Who is our current Governor General? |
David Johnston |
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Who will be our new Governor General? |
Julie Payette |
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Canada is a Parliamentary Democracy and a _____________ Monarchy. |
Constitutional |
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Who is the head of the federal government? |
The Prime Minister |
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The Queen appoints the Governor General on the advice of the _________________? |
Prime Minister |
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Fill in the blanks |
1) Legislative 2) Parliament 3) House of Commons 4) Senate 5) Executive 6) Sovereign 7) Governor General 8) Prime Minister 9) PM's Office 10) Cabinet 11) Privy Council Office 12) Ministries & Civil Service 13) Judicial 14) Supreme Court 15) Federal Court 16) Tax Court 17) Provincial Courts |
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What is a high commission? |
A high commission is what we call an embassy when it's located in a Commonwealth country. |
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What are some of the ceremonial duties of the Governor General? |
1) Royal Assent to Bills 2) Reads the throne speech 3) Signs documents to make them official 4) Opens & dissolves sessions of the Parliament 5) Swears in the PM, Cabinet, and Chief Judge of Supreme Court |
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What are some of the practical duties of the Governor General? |
1) Promote Canada by travelling (business and diplomatic relations) 2) Opens Embassies and High Commissions 3) Celebrates excellence (Order of Canada, Military Merit, etc) 4) Social events (Canada Day, hospital openings, festivals, etc) |
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What does the executive power do? |
Ensure the application of laws |
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What is the main function of the judicial power? |
To interpret and enforce laws |
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What is the Law? |
1) a field of work or study 2) collection of rules & norms 3) established by the Legislature 4) govern relations between individuals in a society 5) enforceable by the Courts |
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What are laws? |
a rule put in place by the Legislature that outlines the rights and obligations of a person that is enforceable by the Courts |
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What does "exceptio probat regulam" mean? |
The exception proves the rule |
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What does "audi alteram partem" mean? |
Hear the other side/party |
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What does "caveat emptor" mean? |
Buyer beware |
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What does "de minimis lex non curat" mean? |
The law does not take care of small matters |
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What does "stare decisis" mean? |
Let the judgement stand |
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What does "dura lex, sed lex" mean? |
It's tough, but it's the law |
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What must all laws respect? |
1) Canadian Charter of Rights and Freedoms 2) Quebec Charter of Human Rights and Freedoms |
2 things |
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What do charters protect? |
Fundamental societal values |
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What rights does the Canadian Charter of Rights and Freedoms preserves? |
1) Equality 2) Freedom (of expression) 3) Liberty (not be arrested for no reason) 4) Languages (2 official languages) |
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What 5 things does the Quebec Charter of Human Rights and Freedoms preserve? |
1) Democratic right to vote 2) Right to Mobility (move within the territory) 3) Life and Liberty 4) Right not to be detained 5) Language (school for anglophones) |
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What are the 3 main types of law? |
1) Civil law 2) Common law 3) Criminal law |
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What is Civil Law? |
Codified/Written laws applying to the relationships between persons. |
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What is Common Law? |
A legal system based on previous judgments made by judges (jurisprudence). |
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What is Criminal Law? |
Laws that protect people and ensure peace and order in society. |
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What are the 2 categories for rules of law? |
1) Substantive 2) Procedural |
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What is a substantive law? |
1) a law that defines the rights and obligations of members of society, like in the CCQ 2) talks general concepts of the law 3) defines crimes & punishments in Criminal law 4) talks about theory |
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What is a procedural law? |
1) talks about how to apply rights and obligations 2) details legal rules of court proceedings 3) talks about the practice/application of laws 4) Huissiers de Justice deal in procedural laws |
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Give an example of a substantive law. |
The CCQ |
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What are 6 characteristics of the law? The law: |
1) provides balance between community and individual interests 2) is obligatory 3) should be coercive 4) is not retroactive 5) evolves 6) is general and impersonal |
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What are some legal principles? |
1) ignorance of the law is not an excuse 2) accused is presumed innocent until proven guilty 3) everyone is equal under the law 4) everyone has the right to fair treatment |
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What are some legal principles? |
1) ignorance of the law is not an excuse 2) accused is presumed innocent until proven guilty 3) everyone is equal under the law 4) everyone has the right to fair treatment |
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What are some legal principles? |
1) ignorance of the law is not an excuse 2) accused is presumed innocent until proven guilty 3) everyone is equal under the law 4) everyone has the right to fair treatment |
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When was the Great Law of Peace signed? |
1100 AD |
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When was the Magna Carta put in place? |
1215 |
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When did Jacques Cartier land in Labrador? |
1534/5 |
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When were did King Francis 1 request Assessors to help rule New France? |
1621 |
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When were the first semi-autonomous judges established? |
1639 |
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When was the Great Peace of Montreal signed? |
1701 |
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When was the Great Peace of Montreal signed? |
1701 |
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When was the Treaty of Utrecht signed? |
1713 |
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When was the Treaty of Utrecht signed? |
1713 |
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When did the Seven Years War start? |
1756 |
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When did the Seven Years War start? |
1756 |
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When did the Seven Years War start? |
1756 |
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When did the Conquest happen? |
1760 |
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When was the Treaty of Paris signed? |
1763/4 |
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When was the Treaty of Paris signed? |
1763/4 |
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When was the Treaty of Paris signed? |
1763/4 |
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When was the Quebec Act, which gave us French Civil Law and British Criminal Law, signed? |
1774 |
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When was the British Canada Act, which gave us Upper and Lower Canada, signed? |
1791 |
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When were Upper and Lower Canada created? |
1791 |
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When did the Durham Report, which suggested merging the two Canadas, happen? |
1839 |
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When was the Act of Union? |
1840 |
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When was the North West Rebellion? |
1885 |
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When did women win the right to vote? |
1918 |
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When you did Canadian become autonomous? |
1926 - Balfour report |
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When was the first woman elected to Parliament? |
1921 |
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When did Canada gain full legal freedom? |
1931 - Statute of Westminster |
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When was the Canadian Citizenship Act? |
1946 |
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When was the Universal Declaration of Human Rights? |
1948 |
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When was the Canadian Bill of Rights created? |
1960 |
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When was the Official Languages Act? |
1968 |
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When was the Human Rights Act? |
1977 |
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When was the Constitution repatriated? |
1981/2 |
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When was the Canadian Charter of Rights and Freedoms created? |
1981/2 |
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What are some of the various categories of rights in the Canadian Charter of Rights and Freedoms? |
1) Equality 2) Political 3) Judicial 4) Economic 5) Social |
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What are some of the various categories in the Quebec Charter of Human Rights and Freedoms? |
1) Democratic 2) Mobility 3) Legal 4) Equality 5) Language 6) Minority language education |
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Give some examples of rights. |
Complain Vote Demonstrate Property |
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Give examples of freedoms |
Speech Worship Information Press Choice |
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What is a right? |
A qualified permission granted by the government. A common privilege. |
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What is a freedom? |
An absence of rules/control Not controlled by the government Absolute |
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What are the categories of law? |
Private International, public, etc |
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What is international law? |
Law between countries The UN |
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What are National Public Laws? |
Laws that govern the relationships between persons in the same state |
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What is National Public Law |
Law that define the relationship between the government and its citizens |
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Give examples of categories of National Public Laws |
Constitutional, administrative, criminal, tax, aboriginal, environmental |
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Give examples of categories of National Private Laws |
Tort, contract, property, family, commercial, wills and estates, employment |
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What is needed to create a new law? |
Consensus Formulation Implementation |
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Why do we need laws? |
1) to live with other people in a safe and peaceful way 2) so that disputes are nothing settled on the streets |
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What is the ultimate goal of law? |
Justice for all |
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What is a statute law? |
A law created by the Legislature (criminal, business/commercial law) |
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Both charters have 3 things in the common. What? |
The right to equality The right to freedom of expression The right to liberty |
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The Quebec Charter of Human Rights and Freedoms contains 4 main parts. What are they? |
Equality Politics Judicial Economical |
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The Canadian Charter of Rights and Freedoms contains 4 main parts. What are they? |
Fundamental Freedoms Democratic rights Mobility rights Legal rights |
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What is a federalist government? |
A government with a written Constitution |
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What are the 5 principles of federalism? |
1) Country is one state in international law 2) Country is divided into regions with their own political institutions 3) Both levels of government are sovereign in their spheres 4) Written Constitution were powers are listed 5) Constitution is protected by Supreme Court |
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Where do municipal governments get their powers from? |
The provinces, art. 92 (8) |
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What is the legislative body called in a municipal government? |
City Council |
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What is the leader of the municipal government called? |
The mayor |
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How do municipal governments raise money |
Taxes (property, schools, etc) |
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What services do municipalities provide? |
Snow removal Garbage Libraries Parks Police Potholes |
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Do Aboriginal Band Councils have the authority to pass laws? |
Yes. Art. 91(24) |
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Who is responsible for interpreting laws? |
Judge |
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What are the 3 rules of interpretation? |
1) plain meaning 2) purpose of the law 3) golden rule |
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Name 4 provincial courts. |
Municipal Court of Quebec Superior Court of Quebec Court of Appeal of Quebec |
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Name 4 federal Courts |
Tax Federal Court Federal Court of Appeal Supreme Court of Canada |
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How many judges at the Superior Court of Quebec? |
144 |
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What is meant by "competence"? |
The same thing as "jurisdiction", ie the area of power |
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Say 4 things about the Superior Court of Quebec. |
1) Court of general jurisdiction 2) first instance & appeals 3) amounts over $85,000 4) jurisdiction in civil, commercial, administrative, family & criminal matters |
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What are the 6 Chambers of the Superior Court of Quebec? |
Civil Commercial Family Criminal Class Action Settlement Conference |
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The Superior Court of Quebec can review and revise the decisions of all the Courts and Tribunals in Quebec except one. Which is it? |
Court of Appeal of Quebec |
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How many judges at the Court of Quebec? |
270 |
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What are the 4 competences of the Court of Quebec? |
Civil Small claims Criminal & penal Youth division |
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What are 4 things that the Civil division of the Court of Quebec does? |
1) Claims of less than $85k (except alimony & Federal Court jurisdiction 2) Collection of municipal & school taxes 3) Arbitration & enforcement of judgments from outside of Quebec 4) Appeals from administrative Tribunals (Régie du logement) |
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What can you do at the Small Claims division of the Court of Quebec? |
1) Claims of $15k and less (unless repayment plans) 2) no companies over 10 employees 3) Alimony, Leases, defamation 5) Judgments not appealable |
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What are 4 unique things about the Small Claims Court? |
1) No lawyers, judge asks questions 2) More casual 3) Judge can ask Huissiers to verify situations 4) Judge can be stop trial for settlement |
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What does the Criminal & Penal division of the Court of Quebec do? |
1) cases with less serious offences (mischief, dui) 2) cases were accused chooses to be heard by judge alone |
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What 4 laws does the Criminal & Penal division of the Court of Quebec apply? |
1) Criminal Code 2) Controlled Drugs & Substances Act 3) Highway Safety Code 4) Taxation Act |
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What does the Civil division of the Court of Quebec deal with? |
Summary convictions (less serious crimes like theft under $5k, assault) |
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What does the Civil division of the Court of Quebec deal with? |
Summary convictions (less serious crimes like theft under $5k, assault) |
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What does the Penal division of the Court of Quebec deal with? |
Less serious offences. Like drinking in a park |
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What does the Youth division of the Court of Quebec deal with? |
1) Cases of adoption 2) Youth protection 3) Criminal causes were accused is a minor |
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When did the Custom of Paris introduced in New France? |
1627 |
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When did the Custom of Paris become the only legitimate source of law in New France? |
1664-1763 |
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