Intro to Canadian Legal System - Dec 6
Who is the current Chief Justice of the Supreme Court of Canada?
Richard Wagner
According to this rule judges are permitted to alter plain meaning when failing to do so would lead to absurdity, repugnance, or inconsistency. However they are only permitted to alter the meaning so far as to remedy this, and no further.
Golden rule
This business structure is generally reserved for legal professionals and accountants
LLP (Limited Liability Partnership)
Which legislation protects Canadian citizens' fundamental rights and freedoms?
Charter of Rights and Freedoms
Which Branch of government is responsible for making laws in Canada?
Legislative branch
What is a federal Act and Applied only to the federal sphere? Also The Supreme court was hesitant to use it too?
Canadian Bill Rights(1960)
It applies to relationships involving the federal and provincial government - other legislation applies to discriminatory events involving only private individuals and businesses.
Charter of Rights and Freedoms
(1982)
what case found that women were not persons?
Edwards v. A.G. of Canada
This act originally gave the Federal government broad
powers when it came to indigenous people
The white paper
This weakened the Federal and provincial governments
reluctance to negotiate land claims in parts of Canada
not covered by existing treaties
Calder v British Columbia (AG)
The agreement of parliament
Constitutional Amendments
This Act of Statute repealed this prior law and confirmed Canada’s legislative aytonomy, and its
legislative equality with Britai
Statute of Westminster, 1931
Designated a number of matters of national importance which fell under the control of the parliament of Canada? (form of federalism)
Constitution Act, 1867
How many supreme court judges are there?
9
Consists of 9 judges one of whom hold the position of Chief justice
Supreme Court
The plain meaning must be followed even if it leads to
injustice, difficulty, or absurdity
Literal Rule
This rule is deprived from Heydon's case. Judges look beyond the statues words and tries to examine the objectives of parliament or the legislature
Mischief Rule
Two part-legal test that is applied everytime a charter is violated.
Oakes Analysis
Freedoms and dignities protected by the Charter of RIghts and Freedoms and other human rights legislation in both the public & private sphere.
Civil Liberties
Private law rights b/w individuals in area such as contracts , torts and property
civil rights
Wasn't codified into law, but was implied by the existence of these rights.
Bill of Rights
Provided protections against discrimination based on race, religion, national origin, gender, color
Canadian Bill of Rights (1960)
Compensating individuals for injury to their dignity and self worth
General Damages
Intended to put the individual in the position they would be in, had discrimination not occur
special damages
Changed the rules and put a lot of new tests and she was kicked out of the firefighter
Meiorin
is a standard or rule that is integral to carrying out the requirements of a particular position within a workplace.
A BFOR
This property is yours and you can do what you please w/ it
Fee simple ownership
right to possession of a property for the duration of the beneficiary's life
life estate
pledging a piece of land, a home, or any other type of property to get a loan.
mortgages and charges against land