law q's

Anne is struck by a drunk driver while driving down Richmond Street. Shortly thereafter, the drunk driver is stopped by the police and charged with the criminal offence of impaired driving. Additionally, Anne decides to sue the drunk driver to recover her loss of income and the medical expenses that she incurred as a result of the accident. Which of the following statements is most accurate? 1. Anne's lawsuit is an example of private law; the criminal prosecution is an example of public law. 2. Anne's lawsuit is an example of public law; the criminal prosecution is an example of private law. 3. Both the lawsuit and the criminal prosecution are examples of public law 4. Both the lawsuit and the criminal prosecution are examples of private law.

1. Anne's lawsuit is an example of private law; the criminal prosecution is an example of public law.

Arthur, a UWO student, attended a homecoming football game with a group of his friends. Unfortunately, Western lost -- largely because the kicker, Victor, missed an easy field goal. Later that day, the group was leaving a downtown bar when they saw Victor. They accosted him, shouting obscenities about his performance in the game. A few members of the group got into a physical altercation with Victor. They began punching him and, once he was on the ground, kicked him repeatedly. Arthur stayed on the sidelines, never touched Victor, but several times yelled, "That's it! Make sure he never plays football again!" The police charged four members of the group with assault to which they pleaded guilty. Arthur was also charged. The likely result is 1. Arthur will be convicted of assault. 2. Arthur will be acquitted, as he didn't actually apply any force to Victor 3. Arthur will be acquitted, as he was merely present at the scene, which does not make him criminally liable. 4. Arthur will be convicted for having aided the offence

1. Arthur will be convicted of assault. Arthur will likely be convicted of assault as an abettor to the offence. While he did not actually commit the offence himself, he encouraged its commission. He did this by yelling and encouraging the continuing assault. For more information about abetting, see CL-18.

Which of the following statements about federalism is FALSE? 1. Parliament is responsible for resolving disputes about the proper jurisdiction of laws enacted by the federal and provincial governments 2. There is a resumption of constitutionality for impugned legislation. 3. Property and civil rights are within provincial jurisdiction 4. Review of impugned laws on federalism grounds has an irreducibly political element to it.

1. Parliament is responsible for resolving disputes about the proper jurisdiction of laws enacted by the federal and provincial governments. The judiciary responsible for review on federalism grounds.

Which of the following is true? 1. Some, but not all, Charter rights may be overridden by the notwithstanding clause 2. The notwithstanding clause is frequently invoked in provincial legislation 3. Even without a notwithstanding clause, Parliament would be able to directly override Charter rights by applying section 1 4. The override power is absolute, and does not need to be renewed

1. Some, but not all, Charter rights may be overridden by the notwithstanding clause

The system of precedent (treating like cases alike by applying principles of law from previous decisions to new cases) is best described by which Latin phrase? 1. Stare Decisis 2. Ratio decidendi 3. Obiter dicta 4. Habeus corpus

1. Stare Decisis

In R v. Morgentaler (1993), the Supreme Court of Canada held that: 1. The primary purpose of the impugned legislation was to prohibit abortions outside hospitals as socially undesirable conduct. 2. The impugned legislation was a valid exercise of Nova Scotia's power to legislate on Property and Civil Rights in the province. 3. The impugned provincial legislation was a valid exercise of the Criminal Law power. 4. The primary purpose of the impugned legislation was to promote the health and safety of pregnant women and protect the integrity of Nova Scotia's health care system.

1. The primary purpose of the impugned legislation was to prohibit abortions outside hospitals as socially undesirable conduct.

True or False: Professor John Borrows argues that the assumption that Indigenous peoples have inferior rights - as reflected in the doctrine of "terra nullius" - continues to be a problem for Canadian law. 1. True 2. False

1. True

What is the first step in the test for assessing a section 15(1) claim under the Charter? 1. Whether there is a distinction based on an enumerated or analogous ground. 2. Whether there is a distinction that creates a disadvantage by perpetuating prejudice or stereotyping. 3. Whether another person in comparable circumstances has been treated differently. 4. Whether there is a distinction that creates hardship.

1. Whether there is a distinction based on an enumerated or analogous ground.

What is the essence of a legal agreement under international law? 1. the agreement contains rights and obligations for the parties and is governed by international law 2. the agreement is governed by domestic law 3. the agreement contains aspirational language dictated by comity 4. the agreement is nonbinding in international law

1. the agreement contains rights and obligations for the parties and is governed by international law

Which are the formal sources of international law discussed in these course materials? 1. treaties, custom, and general principles of law 2. treaties, custom, and U.N. General Assembly resolutions 3. custom, treaties, and judicial decisions 4. custom, general, and theory

1. treaties, custom, and general principles of law

The accused in R. v. Smithers did not cause the victim's death because the victim died as a result of his pre-existing medical condition, not the relatively minor blow inflicted by Smithers. 1. True 2. False

2. False, The "thin skull" rule states that one must "take his victim as he finds him". If a victim has a pre-existing medical condition and is more susceptible to injury, the accused is still responsible for contributing to that injury. See the statement starting on the 6th-last line of CL-7: "Even if the unlawful act, alone, would not have caused the death, it was still a legal cause so long as it contributed in some way to the death".

In Whatcott the Court concluded that racist expression should not be protected by the freedom of expression because it is akin to violent expression. 1. True 2. False

2. False, The Court considered that racist expression was protected by freedom of expression, but that the law established a reasonable limit on the exercise of the freedom.

A person under arrest being questioned by the police always has the right to terminate the questioning by invoking his right to silence. 1. True 2. False

2. False, The case of R. v. Singh made it clear that the police can usually continue to question a person under arrest even after the arrestee has invoked the right to silence. Of course, the Accused Person may refuse to respond to the questions. See CP-14 and CP-15.

Every distinction or differentiation in the treatment of an individual at law will violate the equality provisions in the Charter. 1. True 2. False

2. False, To govern effectively, the law must treat different individuals and groups in different ways. The classifying of individuals and groups, the making of different provisions respecting such groups, the application of different rules, regulations, requirement and qualifications to different persons is necessary for the governance of modern society. The accommodation of differences is the essence of true equality and this may necessitate distinctions.

Archie wants to borrow Veronica's Law 101 notes but she refuses to share them. Archie is extremely drunk and the refusal enrages him so much that he slaps Veronica. He is charged with assault. (Everyone commits an assault when, without the consent of another person, he applies force intentionally to that other person, directly or indirectly.) 1. He may be acquitted if he can show that the alcohol was the reason for the slap 2. He will be convicted if the Crown can prove that Veronica did not consent to being slapped 3. He may be acquitted if he can show that because of the alcohol he lacked the intent to slap 4. He will be convicted if the Crown can prove that he had been violent even when sober

2. He will be convicted if the Crown can prove that Veronica did not consent to being slapped. Assault is the application of non-consensual force, so the Crown would have to prove the lack of consent (which is obvious on the facts).

Which of the following is/are NOT required to comply with the Canadian Charter of Rights and Freedoms? 1. Federal Parliament 2. Individual Citizens 3. Provincial Legislatures 4. Municipal Governments

2. Individual Citizens. The Charter defines the rights that individuals have against action by any level or branch of the government. The actions of private individuals are not controlled by the Charter.

Which one of the following statements is an important fact about the Supreme Court's 2014 decision in Tsilhqot'in? 1. It ruled that nomadic and semi-nomadic peoples cannot prove sufficient historical occupation to establish aboriginal title. 2. It was the first Supreme Court case to recognize that a particular Aboriginal group held aboriginal title. 3. It was the first Canadian case to recognize that an aboriginal group continued to enjoy treaty rights. 4. It ruled that the Tsilhqot'in people had aboriginal title only to the lands that used to be settlements and not to areas that they had regularly used for hunting and fishing.

2. It was the first Supreme Court case to recognize that a particular Aboriginal group held aboriginal title.

One aspect of the ideal of the "rule of law" is that: 1. Laws that are retroactive must be clear and well-publicized 2. Laws must be clear and sufficiently stable to allow people to plan their lives 3. Laws that impose criminal sanctions must recognize the "presumption of innocence" 4. Laws must equally protect all citizens from unreasonable searches

2. Laws must be clear and sufficiently stable to allow people to plan their lives, In order to allow people to use the law as a guide, the law must not be too vague. Additionally, the law must be sufficiently stable to allow people to plan their lives.

The two accused in R. v. Dunlop & Sylvester were at the scene of the crime and did not attempt to stop the gang rape from occurring. The Supreme Court of Canada found them: 1. Liable as accessories, because they had a duty to intervene in a reasonable manner. 2. Not liable as accessories, because their presence did not encourage or aid the perpetrators. 3. Liable as accessories, because their presence at the scene encouraged the perpetrators. 4. Not liable as accessories, because there was no obligation to prevent the crime unless the victim asked for help.

2. Not liable as accessories, because their presence did not encourage or aid the perpetrators. See the final paragraph of the case at CL-20: "A person is not guilty merely because he is present at the scene of a crime and does nothing to prevent it. ... If there is no evidence of encouragement by him, a man's presence at the scene of the crime will not suffice to render him liable as aider and abettor."

Darlene Campbell, the bottomless dancer, would likely have been acquitted if 1. Her lawyer had argued Mistake of Fact 2. She had danced at a later time 3. She had made a reasonable mistake of law 4. She had been so drunk that she didn't realize her performance was immoral

2. She had danced at a later time. If Ms. Campbell's performance had taken place after the SCC decision in Johnson, her dance would have been considered legal. See the chronology at the bottom of CL-25.

Which one of the following statements about the founding of a federal Canada is true? 1. Canada is a federal state, meaning that it is comprised of a league of independent states 2. The British North America Act, 1867, though an Act of the British Parliament, was drawn up with little input from the British Government. 3. The Fathers of Confederation wanted to unify Canada so that the provinces would merge and the populations would assimilate. 4. It was hoped that the unionization of Canada into a federal state would promote greater economic ties with the United States.

2. The British North America Act, 1867, though an Act of the British Parliament, was drawn up with little input from the British Government.

The Constitution Act, 1867 assigns residual jurisdiction to the Parliament of Canada over every matter not specifically conferred upon the provincial legislatures. This seemingly wide jurisdiction has been narrowed by: 1. The Charter of Rights and Freedoms, 1982 2. The Supreme Court's broad interpretation of provincial powers, especially those in section 92(13) 3. The Supreme Court's broad interpretation of "Peace, Order and Good Government" 4. The economic importance of the provinces

2. The Supreme Court's broad interpretation of provincial powers, especially those in section 92(13)

A police officer is entitled to search a detainee as an incident to investigative detention if 1. The officer has grounds to believe that his or her own safety, or the safety of others, is at risk. 2. The officer has reasonable grounds to believe that his or her own safety, or the safety of others, is at risk and the search is reasonably necessary in light of the totality of the circumstances. 3. The officer has reasonable grounds to believe that the detainee is carrying contraband. 4. The officer has grounds to believe that the detainee is carrying contraband.

2. The officer has reasonable grounds to believe that his or her own safety, or the safety of others, is at risk and the search is reasonably necessary in light of the totality of the circumstances. A police officer is not entitled to search for evidence as an incident of investigative detention, only for weapons -- i.e., something that can place the officer's safety, or the safety of others, at risk. The officer must have reasonable grounds to believe that safety is at risk, not just any reason to suspect it. See CP-5.

In Tsilhqot'in Nation v. British Columbia, the court described aboriginal title as: 1. The right to exclusive use and occupation of the land for the purpose of practicing aboriginal customs and traditions 2. The right to exclusive use and occupation of the land for a variety of purposes not restricted to practicing aboriginal customs and traditions. 3. The same as ownership of land by anyone in Canada. 4. The right to live on designated reserve land under s. 18 of the Indian Act

2. The right to exclusive use and occupation of the land for a variety of purposes not restricted to practicing aboriginal customs and traditions.

How can a lawyer prove customary international law before Canadian courts? 1. by referring to the unilateral acts of states 2. by means of diplomatic correspondence, government press statements, summit reports, ministerial statements and other documents 3. it is impossible to prove customary international law 4. by asking the Prime Minister

2. by means of diplomatic correspondence, government press statements, summit reports, ministerial statements and other documents

What description best captures Canada's approach with respect to the incorporation of international law in domestic law? 1. monism with respect to treaties, dualism with respect to customary international law 2. dualism with respect to treaties, monism with respect to customary international law 3. a dualist approach to all sources of law 4. none of the above

2. dualism with respect to treaties, monism with respect to customary international law

An earlier case can be "distinguished" (and therefore not be "binding authority") only if it has material factual differences from the present case and if it can be shown that the earlier court erred in its reasoning. 1. True 2. False

2. false. It is not necessary to show a flaw in the earlier court's reasoning. If the earlier case was materially different in its facts, that is sufficient to reject it as a binding precedent for a subsequent case (see LS-15 to LS-16).

What is a treaty in interational law? 1. treaties are agreements concluded between states in written form governed either by international or domestic law 2. treaties are agreements concluded between states in written form and governed by international law 3. treaties are both the written and oral agreements between states 4. treaties are all agreements concluded between states, international organizations and nonstate actors

2. treaties are agreements concluded between states in written form and governed by international law

What kind of State practice is required to form customary international law? 1. only widespread acts but not consistent ones 2. widespread, consistent and uniform practice 3. widespread acts and omissions of States but not necessarily consistent or uniform acts 4. consistent practice of few States, including both acts and omissions, which is met with protestation by other States

2. widespread, consistent and uniform practice

In Withler, the Court held that the second part of the test for assessing a section 15(1) claim under the Charter can be satisfied by proving one of three things. Which of the following is NOT one of the three? 1. Perpetuation of prejudice. 2. Stereotyping in a way that does not correspond to actual circumstances or characteristics. 3. Differential treatment. 4. Perpetuation of disadvantage.

3. Differential treatment.

Allison is walking under scaffolding when she hears noises indicating that the scaffolding is about to collapse. Allison pushes Vincent out from under the scaffolding in an attempt to save both of their lives. Vincent hits his head on the curb, and the police charge Allison with assault (defined in the Criminal Code as the intentional application of force without consent). Allison will be: 1. Found not to have committed the elements of assault because she did not intend to injure Vincent 2. Found not to have committed the elements of assault because she was trying to save Vincent's life. 3. Found to have committed the elements of assault because she intended to push Vincent. 4. Found to have committed the elements of assault because evidence of her motive is irrelevant and inadmissible in court.

3. Found to have committed the elements of assault because she intended to push Vincent. Determining that Allison has committed the elements of assault is not the same as concluding that she will be convicted. She would likely have a good defence that you'll learn about later.

Choose the best answer. On arrest or detention, a person has the right to be informed 1. Of the right to retain and instruct counsel 2. Of the right to retain and instruct counsel without delay 3. Of the right to retain and instruct counsel without delay and of the opportunity and means to access duty counsel 4. Of the right to retain and instruct counsel and of the opportunity and means to access duty counsel

3. Of the right to retain and instruct counsel without delay and of the opportunity and means to access duty counsel. On arrest or detention, a person has the right to be informed of the information in each of the four answers. However, the most complete answer is that the person has to right to be informed, without delay, of the right to retain and instruct counsel and of the opportunity and means to access duty counsel. See the Bartle case, and specifically the material in CP-12 to CP-13.

In Reference re Secession of Quebec, the Supreme Court of Canada held that: 1. Quebec's right to self-determination allows it to dictate the terms of a proposed secession the other provinces and the federal government 2. The democracy principle trumps the principles of federalism and rule of law. 3. Quebec's unilateral initiation of a Constitutional amendment process in order to secede imposed an obligation upon all the parties to negotiate. 4. The expression of a clear majority of Quebecers that they no longer wish to remain in Canada imposed no obligations upon the other provinces or the federal government.

3. Quebec's unilateral initiation of a Constitutional amendment process in order to secede imposed an obligation upon all the parties to negotiate. The Supreme Court of Canada held that Quebec could propose secession and seek to achieve it through negotiation.

An accused charged with the hybrid offence of assault, on which the Crown elects to proceed by way of summary conviction, can have his trial in 1. The Superior Court of Justice with a jury. 2. The Ontario Court of Justice with a jury. 3. The Ontario Court of Justice without a jury 4. Either the Superior Court of Justice or the Ontario Court of Justice without a jury.

3. The Ontario Court of Justice without a jury. An accused charged only with what the prosecutor elects to be a summary conviction offence is always tried in the Ontario Court of Justice. Jury trials are never heard in the Ontario Court, only in the Superior Court of Justice. See CP-3.

Which is NOT an important aspect of the relationship between the Crown and First Nations? 1. The Royal Proclamation 2. The Treaty of Niagara 3. The Wampum Declaration 4. The oral promises made historically by the Crown's representatives to First Nations leaders.

3. The Wampum Declaration. This is NOT a real thing. There was the exchange of a wampum belt at the Treaty of Niagara; however, there was no declaration attached.

Which of the following is NOT an aspect of the necessity defence? 1. The accused must have had no reasonable legal alternative 2. The defence only applies in circumstances of imminent risk or peril. 3. The accused must have initially been involved in a legal activity. 4. The prosecution has the burden of disproving the defence.

3. The accused must have initially been involved in a legal activity.

In R. v. Oakes, the Supreme Court determined that there were 3 elements to the proportionality test. Which of the following is not an element of the proportionality test? 1. The law must be rationally connected to the objective 2. The law must impair the right or freedom as little as reasonably possible 3. The law must provide sufficient compensation to those it affects 4. There must be a proportionality between the overall effects of the law, and the objective of the law

3. The law must provide sufficient compensation to those it affects

In Currie, the accused was successful on appeal of his conviction for cashing a forged cheque because: 1. He made a reasonable mistake of fact 2. He was not criminally negligent 3. The trial judge convicted him on the basis that he should have been suspicious that the cheque was forged 4. The trial judge convicted him on the basis that he was suspicious that the cheque was forged

3. The trial judge convicted him on the basis that he should have been suspicious that the cheque was forged. Wilfulness blindness is a subjective form of mens rea and requires proof that the accused actually was suspicious.

Customary international law is problematic because 1. custom does not apply in Canada 2. custom is contained in treaties that Canada has not signed 3. custom is unwritten and therefore hard to determine 4. custom depends on too many factors that countries leave to the discretion of diplomats and civil servants

3. custom is unwritten and therefore hard to determine

Which statement below best describes the relationship between the formal sources of international law? 1. general principles of law supersede both custom and treaties 2. treaties supersede custom 3. in general, there is no hierarchy between the formal sources of international law 4. custom supersedes treaties

3. in general, there is no hierarchy between the formal sources of international law

Which of the following statements most accurately expresses the current state of the law in Canada? 1. Canada has signed anti-racism treaties. However, Canada has not made racism an offence under the Canadian Charter of Rights and Freedoms. 2. Canada has not signed on to any anti-racism treaties in international law. However, Canada has made racism an offence under the Canadian Charter of Rights and Freedoms. 3. racism is prohibited by law in Canada, but remains a serious problem. It was permitted at one time. 4. the federal government has never apologized for historic racism in Canada.

3. racism is prohibited by law in Canada, but remains a serious problem. It was permitted at one time.

How is the consent of Canada to be bound by a treaty expressed? 1. the consent of Canada to be bound to a treaty is expressed by implementing legislation 2. the consent of Canada to be bound to a treaty is not usually expressed. It is implied 3. the consent of Canada be bound to a treaty is expressed by ratification 4. the consent of Canada to be bound by a treaty is expressed by transformation

3. the consent of Canada be bound to a treaty is expressed by ratification

After Walmart had closed, Alfie climbed onto its roof intending to break in. He had a screwdriver, a large garbage bag to hold the anticipated loot, and was wearing socks on his hands so as not to leave fingerprints. He waited on the roof for 15 minutes and then decided to leave because there were people around the store. As Alfie climbed down, a security guard arrested him. Alfie is charged with attempted burglary and will likely be: 1. Acquitted because he had not committed the actus reus of burglary 2. Convicted because he had intended to commit a crime and that is sufficient 3. Acquitted because he had not even entered the store yet 4. Convicted because he had done enough to go beyond preparation in his planned crime

4. Convicted because he had done enough to go beyond preparation in his planned crime, An attempt requires intention plus sufficient acts to be beyond mere preparation.

A superior court in Ontario can make law and change law. 1. True 2. False

TRUE. Common law, also known as case law, refers to law made by the courts as they respond to new situations and legal disputes. See LS-2.

Peter was driving his friends down a two-lane country highway. In an effort to impress and thrill his passengers, he starts driving on the wrong side of the road. As he goes around a bend in the road, he crashes into an oncoming car. Miraculously, no one is hurt in the crash. Peter is charged with dangerous driving, contrary to s.320.13(1) of the Criminal Code ("Everyone commits an offence who operates a motor vehicle in a manner that, having regard to all of the circumstances, is dangerous to the public.") Peter will be: 1. Acquitted because he did not intentionally drive into the oncoming car. 2. Acquitted because, in law, his actions did not cause harm to anyone. 3. Convicted because his act of driving on the wrong side of the road departed from the conduct of a reasonable person in the circumstances. 4. Convicted because his act of driving on the wrong side of the road markedly departed from the conduct of a reasonable person in the circumstances.

4. Convicted because his act of driving on the wrong side of the road markedly departed from the conduct of a reasonable person in the circumstances. 1. A marked departure from the conduct of a reasonable person in the circumstances is enough to make someone guilty of dangerous driving. See CL-14-15.

The defence of provocation is: 1. Determined using an objective standard 2. Determined using a subjective standard. 3. Available whenever a violent crime has been committed. 4. Determined using both an objective and a subjective standard.

4. Determined using both an objective and a subjective standard. The test for provocation requires that an ordinary person would lose his or her self control (objective) and also that the accused actually did lose his or her self-control and act on the sudden (subjective).

Which of the following statements is false? 1. The Charter lays out the rights that people have in relation to the state, and does not control the actions of private individuals 2. The Charter applies to both the legislative and executive branches of the Government 3. The Charter applies to municipal governments 4. Individuals who are in Canada illegally do not have any rights under the Charter

4. Individuals who are in Canada illegally do not have any rights under the Charter

Which is NOT a characteristic of aboriginal title? 1. The Aboriginal group must consent to any intrusion on title land unless the government can show that such intrusion is justified. 2. It is inalienable to anyone other than the Crown. 3. It is held collectively by an aboriginal group 4. It arises from s. 35 of the Constitution Act, 1982.

4. It arises from s. 35 of the Constitution Act, 1982. While Section 35 of the Constitution Act, 1982 protects "existing" aboriginal rights, Aboriginal title arises from the prior occupation of Canada by aboriginal peoples.

In deciding whether or not to exclude evidence under s.24(2) of the Charter, the courts focus on which objective? 1. Deterring police misconduct. 2. Compensating the accused whose rights have been breached. 3. Ensuring that the guilty are convicted and the innocent are acquitted. 4. Maintaining the long-term integrity of, and public confidence in, the justice system

4. Maintaining the long-term integrity of, and public confidence in, the justice system. The case of R. v. Grant made it clear that the courts are not specifically trying to deter police misconduct or compensate the accused. Rather, they are trying to maintain the long-term integrity of, and public confidence in, the justice system. Section 24(2) is interpreted so as to take into account the reliability of the evidence obtained through a Charter breach, but the reality is that excluding evidence will often result in the acquittal of the guilty. See CP-18 and CP-19.

In questioning someone with a view to producing a voluntary statement, the police are generally entitled to: 1. Promise to pursue a lesser charge if the person confesses. 2. Deprive the person of food and sleep. 3. Pretend to be a chaplain. 4. Offer a spiritual inducement to entice the person to confess.

4. Offer a spiritual inducement to entice the person to confess. The case of R v Oickle stated that a spiritual inducement will generally not produce an involuntary confession for the simple reason that the inducement offered is not in the control of the police. See CP-17.

Which of the following is NOT a remedy under section 24(1) of the Charter? 1. Damages 2. Injunction 3. Declaration 4. Presupposition

4. Presupposition

Which is NOT one of the duties of the Crown towards aboriginal peoples? 1. The duty to act honourably in the implementation of treaties. 2. The duty to conduct negotiations about aboriginal title claims in good faith. 3. The duty to consult affected aboriginal groups before taking action that would adversely affect claimed aboriginal title rights. 4. The duty to favour aboriginal interests when making policy decisions that affect aboriginal peoples.

4. The duty to favour aboriginal interests when making policy decisions that affect aboriginal peoples. The courts have NOT suggested this as a general duty of the Crown.

Which of the following statements is false? 1. Laws made by a provincial legislature apply only within the borders of that province. 2. Municipal governments are created by provincial legislatures. 3. Aboriginal peoples can sometimes exercise governmental powers over reserve lands. 4. Under the Constitution, the federal Parliament can make laws relating to any matter, and these laws will apply to all of Canada.

4. Under the Constitution, the federal Parliament can make laws relating to any matter, and these laws will apply to all of Canada. Stating that Parliament can make laws "relating to any matter" makes that statement false. The federal Parliament can make laws that apply Canada-wide, but only relating to matters assigned to it by the Constitution. See LS-4.

Which of the following statements is inconsistent with the Court's ruling in Schachter v. Canada? 1. Section 52 of the Constitution Act, 1982 is engaged only when a law itself is held to be unconstitutional 2. Severance or reading in will be warranted only in the clearest of cases, and only where certain criteria are met 3. It is possible for the Court to temporarily suspend a declaration of invalidity 4. Underinclusive legislation must be declared unconstitutional as soon as it is brought to the Court's attention

4. Underinclusive legislation must be declared unconstitutional as soon as it is brought to the Court's attention

What is required for a general rule of customary law to be formed? 1. only general, widespread and consistent practice on the part of States is required 2. the consistent practice of non-governmental actors is sufficient 3. the legal conviction that a certain practice of a State is in accordance with international law is the most significant requirement 4. both the elements of widespread, consistent State practice and opinio juris are required

4. both the elements of widespread, consistent State practice and opinio juris are required

The term "civil law" refers to: 1. the system of law set out in the Civil Code of Quebec covering all legal matters in that province. 2. the system of law developed in Great Britain after the Norman Conquest and subsequently inherited by Canada. 3. the professional and courteous manner in which lawyers and judges must conduct themselves. 4. the system of law emanating from the French Napoleonic Code governing private disputes in Quebec.

4. the system of law emanating from the French Napoleonic Code governing private disputes in Quebec.

. What is the best description of the role of untransformed treaties in Canadian law? 1. they are binding on Canada as a matter of Canadian law 2. they have no role as a matter of Canadian domestic law 3. courts are reluctant to interpret untransformed treaties because they may clash with the Canadian Charter of Rights and Freedoms 4. untransformed treaties may be used as interpretive assistance in interpreting Canadian statutes and the common law

4. untransformed treaties may be used as interpretive assistance in interpreting Canadian statutes and the common law

You work for a hospital. Your employer fires you because you've said something that offends her. The Charter will apply to your exercise of freedom of expression. 1. True 2. False

False. The Charter applies primarily to government bodies, although it may apply to actors controlled by the government, or to private actors insofar as they perform public functions. A hospital is not considered a government body, despite the fact that its funding does come from the government (See CR-8).