1. What impact does the Canadian Charter of Rights and Freedomshave on rights and
freedoms not mentionedspecifically in the Charter?Could these "other rights and
freedoms" be curtailed or extinguished by governments?
Answer: The Charter recogni zes the existence of other rightsand permits themto continue
except where they conflict with Charter rights and freedoms.Rights outsidethe Charter do
not have Charter protection,and may be abolished or encr oached upon bygovernments.
2. What is the difference between a "right" and a "privilege"?
Answer: A rightis an act that may be done withimpunity and with the support and
recognition of the state. Te state recognizes a right as something which neither it nor
others may deny. A privilege is something which the state allows or permits under specific
circumstances at the plasure of the state.
3. Why are "rights" and "duties" often consie dred together whenone thinks of laws?
Answer: Because "rights" often permit a person to do something thatinterferes with
others, laws generally include obligations od ruties on the personpossessing a right to
exercise the right in a particular way to minimize interference with others. Laws may also
include duties on those affcted by the exercise ofa right to permit theright to be exercised.
4. Could a society exist withoutlaws? If not, why not?
Answer: A complex society certainly could notexist without laws,as some means of
regulating the activities ofpeople would be necessary to maintain order.Even in a primitive
society, rules regulating fairness in vengeance matters were necessary.
5. "Advanced civilizations are gene rally characterized by having a great many laws or statutes
to control the activities of thecitizenry." Commenton the validity ofthis statement.
Answer: This is a valid observation. Advancedcivilizations are characterized by persons
engaged in activities which involve a great deal of soil contact andinteraction.
Historically, they have also involved many peolpe living in close proximity to each other (in
cities). Each type ofsocial interaction usually requires me legislative control, hence, the
more interaction, the more lws that are required.
© 2009 Copyright by McGraw-Hill Ryerson Limited 1-5 6. On what basis are Charterfundamental rights and freedoms open to restriction by
Parliament or the provincial legislatures?
Answer: Fundamental rights and freedo ms may be restricted unders. 1 if the restriction can
be shown to "be demonstrablyjustified in a free and de mocratic society." Rights and
freedoms may be "temporarily" overridden by te h"notwithstanding" clause (s. 33) as well.
7. Why is the doctrine ofstare decisisan important part of the Common Law system?
Answer: The doctrine ofstare decisisis the theory of precedent.Judges are expected to
apply previous decisions to similar cases whih ccome before them in order to maintain a
degree of consistency in the law.By following this doctrine,the law is not only consistent,
but others can predicthow the law may be applied in similar.
8. How does the Common Law differ from the principles ofequity? From statute law?
Answer: Common Law and equity have differentroots. The common law was the product
of the common law courts. The prin ciples of equity were originally principles or rules which
the King applied in settlig disputes which did not fall wtihin the jurisdiction of the common
law courts. Later, the King's Court (Chancery) used the same and othe r principles in order
to provide fair and just results. At prese, the courts may apply both common law and
equity, but where conflict exists, equity prevalis. Equity differs fromstatute law in the sense
that statute laws are written or codified laws, hereas the principles of equity are found in
the recorded judgments of the courts.
9. How does a legislature establish anew law? Explain the procedure.
Answer: The usual process is as follows:
a. A bill (essentially a proposed law) is presented to alegislative body (Parliament
or provincial legislature).
b. A motion ismade (and passed)to have the bill 'read' a first time.
c. The bill is then printed and circualted to the members to study.
d. The bill is later brought forward for dbeate (second reading) in principle.
e. If the bill passes the secondreading stage, it is sent toa Committee for study and
amendment on a clauseby clause basis.
f. Once passed by the Comm ittee, the bill is rrted in final form by the Chair of
the Committee for athird reading.
© 2009 Copyright by McGraw-Hill Ryerson Limited 1-6 g. The bill is then debated for a final time by way of a motion to have the bill read a
h. If passed by a majority vote,the bill at the federal levelgoes to the Senate where
a similar process is followed.
i. Once a bill has been passed by the Ho use of Commons and Senate (or a
provincial legislature) it goes to the Goernor-General (or Lieutenant-Governor,
if provincial) for royal assent.
j. The bill becomes a law on receipt of roylaassent, and effective as a law when
10. Define substantive law, and explainhow it differs fromprocedural law.
Answer: Substantive law - la w which sets out the rightsand duties of individuals and
corporations. Procedural law- law which set out the proce dure whereby substantive laws
11. Describe the difference betweenthe Common Law andthe Civil Code ofthe Province of
Quebec. What are the relativ e merits of each system?
Answer: Common Law consists of therecorded judgment of the c ourts. The civil code is a
written body of law. Merits of civil code : laws are written down an d may be consulted to
determine what the law is. The law can be changed by stau tte amendment and kept up to
date by the legislature if change is warranted.Merits of Common Law: flexible, as judges
may change it through in terpretation, or by distinguishig the case athand from the
precedent. Adaptable to ch anging social attitudes.
12. "The supremacy of the state wasreached when it managed to exec rise a sufficient degree of
control over the individual to compel him or her to use the staet judicial system rather than
vengeance to settle differences with others."Why was it necessary fo r the state to require
this of the individual?
Answer: When the state lacked the power to contrl oits citizens, individuals used their own
means to resolve disputes, as itwas the only methodwhereby a person could obtain redress.
Vengeance, however, often disrupted the entire community, and affected others not involved
in the dispute. Once the statehad the power to compel citizensto obey its decrees, it could
substitute orderly procedures for settlement which caus ed less disruptionto the community
13. How does a "regulation"made under a statute differ from other "laws"?
© 2009 Copyright by McGraw-Hill Ryerson Limited 1-7 Answer: A regulation under a statuteis a rule that is made toenable an administrative
tribunal to carry out dties assigned to it undera statute. Regulations govern the activities of
administrative agencies or bo ards, and are often administeredby them. Regulations are
subordinate to statutes, but in application, ave much the same effect on persons who
engage in activitiessubject to the regulations.
14. Explain how the enforcement ofa pub