Introduction to the Canadian Legal System, 1st edition Sasha Baglay Test Bank

TEST ITEM FILE Sasha Baglay University of Ontario Institute of Technology

INTRODUCTION TO THE CANADIAN LEGAL SYSTEM Prepared by Sasha Baglay

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Introduction to the Canadian Legal System

CHAPTER 1 WHAT IS LAW?

MULTIPLE CHOICE QUESTIONS 1. Locke developed the following view on law and society: a. People are cooperative and tend to seek consensus; the purpose of law is to regulate human behaviour in the interests of promoting common good; people obey laws because they see them as serving their interests b. Law should reflect religious values; a law that does not reflect those values is invalid and should not be obeyed c. Human beings are inherently violent and selfish; law is needed to suppress violent human behaviour and help ensure order and security in a society d. Relations in society are defined in terms of class conflict; the ruling class uses the law to oppress the working class correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Order and Regulation”

2. Which of the following provides the most accurate definition of law? a. Law is a system of rules that is created by a government authority and is supported by the enforcement power of the state; laws are always written down and are produced in a highly structured and hierarchical way b. Law is a system of rules produced by a community in a decentralized manner, though deliberation and discussion among community members; some rules may be written, while others are passed through oral narration c. Both answers a) and b) provide an accurate description of the law; legal systems in some communities may be following the approach described in answer a), while other communities may follow the approach described in b) d. Law is a system of social norms that a given community follows correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “How Is Law Developed and Expressed?”

3. Legal pluralism expresses the following idea: a. Only rules produced by government authorities can be considered law b. Only rules produced by communities, through a process of popular discussion, can be considered law c. Law includes a variety of rules produced by both state and non-state actors; it is produced in different ways (e.g., legislative enactment, community deliberation) and by various actors at local, national and international levels .

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Introduction to the Canadian Legal System

d. Law cannot be defined with any sufficient degree of precision correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “How Is Law Developed and Expressed?”

4. Which of the following is correct? a. There is one set definition of law that everyone agrees upon b. There is no single definition of law and different scholars and societies may define it in different ways c. Law is always produced by state authorities d. Law does not change over time correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “How Is Law Developed and Expressed?”

5. Marx characterized law and society in the following way: a. People are cooperative and tend to seek consensus; the purpose of law is to regulate human behaviour in the interests of promoting common good; people obey laws because they see them as serving their interests b. Law is comprised of a variety of sources that are produced by various actors at local, national and international levels; these rules can take form of statutes, case law, customs, oral narratives passed from generation to generation and other forms c. Human are inherently violent and selfish; law is needed to suppress violent human behaviour and ensure a sense of security in a society d. A society consists of two classes: the bourgeoisie (which holds the position of power) and the proletariat; relations in society are defined by a conflict between these two classes; the bourgeoisie seeks to exploit the proletariat and uses law as one of the means to oppress the working class correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Order and Regulation”

6. Hobbes developed the following view on law and society: a. People are cooperative and tend to seek consensus; the purpose of law is to regulate human behaviour in the interests of promoting common good; people obey laws because they see them as serving their interests b. Law should reflect morality; a law that does not reflect morality is invalid and should not be obeyed c. Human beings are inherently violent and selfish; law is needed to suppress violent human behaviour and to help ensure order and security in a society

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Introduction to the Canadian Legal System

d. Relations in society are defined in terms of class conflict; the ruling class uses law to oppress the working class correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Order and Regulation”

7. Restorative justice reflects the following idea: a. Wrongdoers must pay financial compensation to their victims in order to restore them to the original position they were in prior to the wrongdoing b. Society should work on restoring harmony in human relations through passing laws that facilitate positive social change c. A wrongdoing disrupts relationships in a community; it is important to re-establish the harmony in relations through problem solving, dialogue and communication between the victim, the offender and members of the community d. Wrongdoers must be severely punished in order to deter others from committing similar crimes correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Justice”

8. Which of the following is the most accurate description of the relationship between law and social change? a. Law always follows social change b. Law always facilitates social change c. In some cases, law follows social change, while in others law can be used to facilitate a change in society d. There is no relationship between law and social change correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Social Change”

9. Natural law theorists view law in the following way: a. Law includes a variety of rules produced by both state and non-state actors; it comprises of a variety of sources that are produced by various actors at local, national and international levels b. The validity of human laws is measured against pre-existing ‘natural’ values; a law that does not reflect these ‘natural’ values is invalid and should not be obeyed c. Human beings are inherently violent and selfish; law is needed to suppress violent human behaviour and ensure a sense of security in a society

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Introduction to the Canadian Legal System

d. The validity of human laws is determined not by their consistency with ‘natural’ values, but depends on whether they were enacted by a legitimate authority following a prescribed procedure correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Justice”

10. Positivism views law in the following way: a. Law is comprised of a variety of sources that are produced by various actors at local, national and international levels; these rules can take form of statutes, case law, customs, oral narratives passed from generation to generation and other forms b. The validity of human laws is measured against pre-existing ‘natural’ values; a law that does not reflect these ‘natural’ values is invalid and should not be obeyed c. Law plays a positive role in society; it promotes social change and helps society to become fairer d. The validity of human laws is determined not by their consistency with ‘natural’ values, but depends on whether they were enacted by a legitimate authority following a prescribed procedure correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Justice”

11. The concept of the rule of law has the following meaning: a. All laws must be enacted by the legislature and the enactment process must follow a prescribed procedure; laws that are not fair need not be obeyed b. There has to be a system of law in society; the relationship between an individual and the state must be regulated by law; no one is above the law c. Everyone should be treated the same d. There has to be a system of law in society; the relationship between an individual and the state must be regulated by law; everyone must respect legislative and judicial institutions that produce the law correct answer: b

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “The Rule of Law”

12. Which of the following most fully and accurately describes various ways to classify laws: a. Domestic vs international; public vs private b. By subject matter; public vs private; public international law vs private international law

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Introduction to the Canadian Legal System

c. By subject matter; public vs private; domestic vs international; substantive vs procedural d. Criminal, constitutional and administrative; public vs private; torts vs contracts; substantive vs procedural correct answer: c

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Types of Law”

13. Public law deals with: a. Regulation of human behaviour in public places b. Regulation of relationships among states on the international arena c. Regulation of interactions between individuals and the state as well as between the state and society at large d. Regulation of criminal and administrative matters correct answer: c

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Types of Law”

14. Which of the following most accurately and comprehensively describes the reasons why people obey legal rules? a. People obey because of fear of sanctions b. People obey because they are brought up in the habit of following legal rules; they also obey because of fear of sanctions c. People obey because they value order in society d. There are several explanations: people obey out of habit; because they feel a moral duty to obey the law and/or because of fear of sanctions correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Why Do People Obey Legal Rules?”

15. Distributive justice reflects the following idea: a. Wrongdoers must pay financial compensation to their victims in order to restore them to the original position they were in prior to the wrongdoing b. Wrongdoers must be severely punished in order to deter others from committing similar crimes c. Distributive justice determines how resources and entitlements should be allocated in a given society d. Distributive justice prescribes that, in a given society, everyone should receive the same amount of financial supports from the state and that all society’s resources should be equally allocated among members .

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correct answer: c

Introduction to the Canadian Legal System

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Justice”

TRUE/FALSE QUESTIONS 1. Retributive justice reflects the idea that a wrongdoer should be subject to punishment proportionate to the degree of his blameworthiness. correct answer: true

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Justice”

2. Law is always developed by state authorities; it is created according to strictly prescribed procedures and is arranged in a hierarchy of sources with the Constitution being the supreme law of a given community. correct answer: false difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “How Is Law Developed and Expressed?”

3. Law performs three key functions: promotes social change, promotes justice and fairness and helps establish and maintain order in society. correct answer: true

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “What are the Functions of the Law?”

4. The corrective justice approach seeks to restore equality between the wrongdoer and the victim that was lost as a result of the wrongdoing. correct answer: true

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Justice”

5. Criminal law is an area of private law. correct answer: false difficulty rating: 1 (easy) .

skill classification: comprehension

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Introduction to the Canadian Legal System

relevant heading in the text: “Public versus Private Law”

SHORT ANSWER QUESTIONS 1. Name and briefly describe main characteristics of legal rules.

Answer tips: • Legal rules are produced by following a certain process (the specifics of this process vary depending on society) • Legal rules are backed up by a certain authority and rely on state or community enforcement • Legal rules should be prospective rather than retroactive • Legal rules should have some constancy and should not be changed too frequently • Legal rules should be sufficiently clear to be understood by the public • Legal rules should be accessible

difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “What Are the Characteristics of Legal Rules?”

2. Briefly explain what the rule of law is and why it is important.

Answer tips: • The rule of law requires the existence of a system of laws; the regulation of relations between the individual and the state by law; and observation of the principle that no one is above the law • The rule of law helps ensure order in society and protection from arbitrary state action difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “The Rule of Law”

ESSAY QUESTION Explain the different ways how law can be developed and expressed as well as the relevance of these different ways of law-creation to Canadian context.

Answer tips: • In some societies, the state dominates the creation of legal rules; they are made by state institutions such as courts and legislatures; the process of rule-creation is very formal and has relatively limited direct community involvement; rules usually take written form .

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Introduction to the Canadian Legal System

• •

In other societies, law-creation may be more community-based; legal rules are developed in meetings and discussions among community members; the process is less formal, less centralized and rules can take written as well as oral form In Canada, both of the above ways of law-creation can be found: the first one – within the dominant European settler system and the second – in the First Nations communities

difficulty rating: 3 (difficult)

skill classification: application

relevant heading in the text: “How Is Law Developed and Expressed?”

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Introduction to the Canadian Legal System

CHAPTER 2 SYSTEMS AND SOURCES OF LAW

MULTIPLE CHOICE QUESTIONS 1. A civil law system is characterized by the following: a. codification of law and frequent use of precedent b. use of the following combination of sources of law: custom religious principles and legal codes c. importance of conventions and 'unwritten' rules; use of precedent; paramountcy of the constitution d. codification of law; leading role of statute as a source of law; rare use of precedent correct answer: d

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Civil Law System”

2. What is a ratio decidendi of a case? a. It is a court’s decision on the case b. It is an explanation of a court’s reasons for the decision c. It is a part of a court’s decision that outlines issues and history of the case d. It is a part of a court’s decision that discusses applicable precedents and distinguishes them from the case at hand correct answer: b

difficulty rating: 1 (easy)

classification: factual

relevant heading in the text: “Ration Decidendi and Obiter Dicta”

3. Which of the following can be characterized as a religious-based system of law? a. Chthonic legal tradition b. Socialist legal tradition c. System of Islamic law d. Canadian legal system correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Overview of Selected Systems of Law”

4. A precedent is: a. In a common law tradition, a judicial decision in an earlier case that governs resolution of future similar disputes

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Introduction to the Canadian Legal System

b. In a civil law tradition, judicial decision in an earlier case that governs resolution of future similar disputes c. In a religious-based system, an authoritative interpretation of a holy text that is used to resolve disputes and regulate relations in society d. In a chthonic legal tradition, a dramatic event that impacted the life of a community and led to the establishment of new rules for regulating relations among its members

correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Common Law System”

5. Which of the following is the most commonly used legal citation style in Canada? a. Chicago Guide to Uniform Legal Citation b. McGill Guide to Uniform Legal Citation c. Quicklaw d. Modern Language Association (MLA) Citation Style

correct answer: b

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Finding and Citing Statutes and Subordinate Legislation”

6. Distinguishing a precedent is: a. A technique used by lawyers in a common law system to argue that a given precedent is inapplicable to the case at hand because of significant differences between the facts and issues in the precedent case and in the case at hand b. A technique used by lawyers in a civil law system to argue that a given precedent is inapplicable to the case at hand because of significant differences between the facts and issues in the precedent case and in the case at hand c. A technique used by courts to overrule old precedents that are considered to no longer correspond to the realities of current life d. A technique used in chthonic legal traditions to explain how certain rules came about

correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Researching, Understanding and Applying Judicial Decisions”

7. Stare decisis means that: a. In a common law tradition, a decision of a higher court must be followed by lower courts

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Introduction to the Canadian Legal System

b. In a religious-based system, God’s revelations create not only moral but also legal rules c. In a civil law system, a decision of a higher court must be followed by lower courts d. In a common law system, parliament is the supreme lawmaker that can override common law rules correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Binding and Persuasive Precedents”

8. A persuasive precedent is: a. A precedent that must be followed b. A precedent that need not be considered at all c. A precedent that a court finds convincing d. A precedent that is not binding on a court, but may be used as a supporting authority for the court’s decision correct answer: d

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Binding and Persuasive Precedents”

9. Historically, the main characteristic of a common law system was: a. Its reliance on legislation as the main source of law b. Its reliance on judicial decisions as the main source of law c. Its reliance on religious doctrine as the main source of law d. Oral tradition and the use of negotiation to resolve disputes correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant headings in the text: “Common Law System”

10. In Canada, the First Nations legal traditions are characterized by the following: a. They are no different from legal traditions brought about by European colonizers b. None of First Nations legal rules are ever written down; they only exist in a form of dances, songs and customs c. Rule creation and enforcement is less hierarchical than in the European tradition and is intertwined with political, social and spiritual practices of a community; there is strong reliance on oral words and storytelling; law comes from various sources such as observations from nature, stories about creation, deliberation and custom d. First Nations communities have no legal rules and no legal traditions

correct answer: c

difficulty rating: 2 (average)

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skill classification: comprehension

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Introduction to the Canadian Legal System

relevant heading in the text: “First Nations Legal Traditions”

11. In Canada, federal statutes are published in an official source called: a. Parliamentary Proceedings b. Federal Reports c. Statutes of Canada d. McGilll Guide

correct answer: c

difficulty rating: 1 (easy)

classification: factual

relevant heading in the text: “Finding and Citing Statutes and Subordinate Legislation”

12. Parliamentary supremacy means that: a. Parliament is superior to the executive and the judicial branches of government b. Courts cannot declare laws passed by parliament to be ultra vires c. Parliament is the supreme lawmaker; laws passed by parliament may override case law d. Courts can never examine constitutionality of laws passed by parliament

correct answer: c

difficulty rating: 1 (easy)

classification: factual

relevant heading in the text: “Interrelationship between Case Law and Legislation”

13. Which of the following is the major difference between civil law and common law systems? a. In a civil law system, courts have been at the forefront of law creation and developed rules ‘from the ground up’; in a common law system, legal rules were created by legislatures and legal scholars b. In a civil law system, in case of a conflict, legislation prevails over case law rules; in a common law system, it is the other way around: case law rules can overrule legislation c. In a common law system, courts have been at the forefront of law creation and developed rules ‘from the ground up’; in a civil law system, institutions other than courts (e.g., legislatures) played a leading role in law creation and developed general rules that would then govern resolution of specific cases d. Civil law system is much older than the common law system; it has more detailed legal rules and provides for a better system of regulation of human conduct than the common law system correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Common Law and Civil Law Compared” .

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Introduction to the Canadian Legal System

14. Which of the following the most accurately characterizes the system of law in Quebec? a. Quebec has a purely civil law system b. Quebec has a purely common law system c. Quebec combines features of common law and civil law systems, but it does not use precedent at all d. Quebec has a mixed system: private matters are regulated primarily by civil law; public matters - by common law; judges do not have to follow previous decisions, but they often do rely on precedent correct answer: d

difficulty rating: 2 (average)

skill classification: factual

relevant heading in the text: “Reception of European Civil and Common Law in Canada”

15. If there is a conflict between a common law rule and a statutory rule, how is this conflict resolved? a. Both rules operate at the same time and a court can decide which one of the two to apply to a given case b. Statutory rule prevails over a common law rule c. A common law rule prevails over a statutory rule d. Both rules are abolished and a new law is passed to address the issue and eliminate any inconsistencies and ambiguities correct answer: b

difficulty rating: 2 (average)

skill classification: factual

relevant heading in the text: “Interrelationship between Case Law and Legislation”

TRUE/FALSE QUESTIONS 1. In Canada, the main sources of law are: legislation and writings of prominent legal scholars interpreting that legislation. correct answer: false

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Sources of Law in Canada”

2. The whole of Canada follows the common law legal tradition. correct answer: false

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difficulty rating: 2 (average) skill classification: comprehension

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Introduction to the Canadian Legal System

relevant heading in the text: “Reception of European Civil and Common Law in Canada”

3. At present, common law or civil law systems do not exist in a pure form. Rather, they have borrowed some elements from each other (for example, common law traditions use legislation as one of the main sources of law). correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Common Law and Civil Law Compared”

4. Subordinate legislation is passed by bodies other than legislatures and takes form of regulations, rules and by-laws. correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Subordinate Legislation”

5. A decision of the Ontario court will be binding on courts in all other provinces. correct answer: false

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Binding and Persuasive Precedents”

SHORT ANSWER QUESTIONS 1. Briefly describe the main characteristics of a chthonic legal tradition. How does it differ from other, more dominant contemporary legal systems?

Answer tips: • Reliance on oral rather than written word • Lack of complex institutions to create, administer and enforce laws • Communal process of law-formation • Law intertwined with other aspects of community life rather than a separate institution • Use of community-based dispute resolution methods • Importance of harmony with the land and the environment difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Chthonic Legal Tradition” .

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Introduction to the Canadian Legal System

2. Briefly describe the main differences between the common law and the civil law systems.

Answer tips: • How legal rules come about: in a common law system – general rules are derived from decisions on specific cases; in a civil law system – law-formation starts with identifying guiding principles, which are then reflected in codes of rules and then applied to specific cases • Institutions that lead the law-formation process: in common law systems, courts historically played the leading role; in civil law systems, these were institutions other than courts (legislatures, kings and other rulers) • Main sources of law: in common law systems, judicial decisions are the main source of law; in civil law systems – codes and other legislation difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Common Law and Civil Law Compared”

ESSAY QUESTION Explain how three legal traditions – civil law, common law, and First Nations – interact and influence each other in Canada.

Answer tips: • Briefly explain the history of each tradition in Canada • Acknowledge the traditional dominance of the common law tradition in Canada • Influence of common law tradition on other legal traditions in Canada: use of precedent in Quebec, styling of the court system in Quebec after the British system; imposition of European system of law on First Nations communities • Influence of First Nations legal tradition on European legal traditions: use of First Nations legal traditions in interpretation of Aboriginal rights and treaties; use of sentencing circles and other community-based dispute resolution techniques in the mainstream system; creation of courts that rely on both European and First Nations legal traditions difficulty rating: 3 (average)

skill classification: application

relevant heading in the text: “System of Law in Canada”

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Introduction to the Canadian Legal System

CHAPTER 3 THE STRUCTURE OF CANADIAN GOVERNMENT

MULTIPLE CHOICE QUESTIONS 1. The principle of responsible government is: a. A principle that means that governments should act responsibly and should always keep in mind the interests and wishes of the population b. A political concept in presidential democracy that indicates that the president should act responsibly and should be accountable to the people who elected him/her c. A principle in parliamentary system which means that a government is responsible to all of the elected members of legislature; government can stay in power only as long as it enjoys the confidence of the legislature d. A theory stating that each of the three branches of government has separate powers and is solely responsible for exercising those powers correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Legislative branch”

2. Parliamentary model of democracy is characterized by the following features: a. The legislative branch is elected by the population; the leader of the party that gets most seats in the legislature becomes the prime minister and appoints the cabinet; the prime minister and the cabinet ministers are simultaneously members of the legislature and the executive; the prime minister and its cabinet can stay in power only as long as they enjoy the confidence of the legislature b. The president and the legislature are elected by the population; the prime minister is appointed by the president (usually the leader of the party that holds most seats in the legislature is appointed to be the prime minister); the prime minister and cabinet may be forced to resign if they lose the confidence of the legislature c. The president and the legislature are elected by the population in separate elections; there is clear separation of powers between the three branches of government (e.g., the president and his/her cabinet are not members of the legislature, but only of the executive); the principle of ‘checks and balances’ is implemented to ensure that no branch of government abuses its powers d. A state is governed by a monarch; the monarch controls the legislative and executive branches; the prime minister and the cabinet are appointed by the monarch and answer to him/her correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Parliamentary, Presidential and Mixed Systems” .

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Introduction to the Canadian Legal System

3. In Canada, members of the federal legislature are elected using the following electoral system: a. Proportionate representation b. Mixed system c. Single member plurality system d. Majoritarian system correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Legislative Branch”

4. In order to become law, a federal bill must satisfy the following requirements (choose the answer that describes all required legislative stages): a. Pass three readings in the House of Commons b. Be introduced by the government; pass three readings in the Senate; receive royal assent c. Pass three readings in each the House of Commons and the Senate; receive royal assent and proclamation d. Pass three readings in each the House of Commons and the Senate; be reviewed by a standing committee; be signed and assented to by the Supreme Court correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Statutory Enactment Process”

5. 'Checks and balances' is: a. A theory in a totalitarian system of government stating that the three branches of government must be kept in check by one person such as a president or a prime minister b. A theory in a presidential system of government stating that each of the three branches of government has equal power and ensuring that each branch has a mechanism to ‘check’ that the other branches do not overstep their powers c. A theory that federal and provincial levels of government have their own separate areas of jurisdiction and should not interfere in each other's affairs d. A democratic principle that dictates that the population should keep the government in ‘check’ by such means as referendum, recall and initiative correct answer: b

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Parliamentary, Presidential and Mixed Systems”

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Introduction to the Canadian Legal System

6. The executive is responsible to all of the elected members of the legislature; in order to stay in power the executive must enjoy the confidence of the legislature. Which political concept does this definition describe? a. Separation of powers b. Presidential system of government c. Responsible government d. Multi-member proportional representation correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Legislative Branch”

7. Which of the following is NOT part of the executive branch at the provincial level of government in Canada? a. Lieutenant Governor b. Governor General c. Premier d. Provincial cabinet correct answer: b

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Executive Branch”

8. An electoral system where a candidate who gets most votes in a given riding (even if it is less than 50% of total votes in that riding) wins is called: a. Majoritarian b. Mixed c. Single member plurality d. Proportionate representation correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Legislative Branch”

9. Separation of powers means: a. Federal and provincial levels of government have their separate areas of jurisdiction and should not interfere in each other’s affairs b. The government is divided into three separate branches of government; no official can be a member of more than one branch of government c. The president and the prime minister have distinct powers: the president is responsible for international affairs and the prime minister – for domestic matters d. The judiciary is separate and independent of the other two branches of government; it can rule on the constitutionality of actions of the executive and the legislature .

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correct answer: b

Introduction to the Canadian Legal System

difficulty rating: 2 (average)

classification: comprehension

relevant heading in the text: “Parliamentary, Presidential and Mixed Systems”

10. Which of the following is true? a. Provincial legislatures in Canada consist of two chambers b. Canada’s federal parliament consists of two chambers c. Canada’s Senate is elected by the population d. Canada’s House of Commons is appointed by the Prime Minister correct answer: b

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Legislative Branch”

11. After an election, who becomes the Prime Minister of Canada? a. The leader of the party that won the federal election becomes the Prime Minister b. The leader of the party that got most votes in Ontario and Quebec becomes the Prime Minister c. The Supreme Court chooses among leaders of different parties represented in the House of Commons and decides which one will be appointed the Prime Minister d. The Governor General chooses among leaders of different parties represented in the House of Commons and decides which one will be appointed the Prime Minister correct answer: a

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Executive Branch”

12. Executive federalism describes: a. A type of federalism where various mechanisms of intergovernmental interactions are led by federal and provincial executives b. A type of federalism where the results of intergovernmental negotiations have to be executed by courts c. A system where various policies are executed at both federal and provincial levels d. A system where federal and provincial legislatures work together to come up with mutually acceptable policies correct answer: a

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Federalism: The Interaction between Levels of Government” 13. The First Nations’ inherent right to self-government means: .

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Introduction to the Canadian Legal System

a. The right of First Nations communities to decide on issues vital to their life and to direct the future development of their communities; this right exists by virtue of First Nations’ traditional settlement in Canada and does not depend on any government law or policy b. The right of First Nations communities to decide on issues vital to their life and to direct the future development of their communities; this right exists because the Constitution Act, 1982 recognized Aboriginal and treaty rights c. The right to decide how to dispose of natural resources situated in a given First Nation community; not all communities possess this right, but only those that negotiated land claim settlements with the federal government d. The right to establish a First Nations government and to separate from Canada; this right exists by virtue of international law: populations that have been oppressed for prolonged periods of time have the right to declare independence and separate from the oppressive state correct answer: a

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Inherent Right of Aboriginal Peoples to Self-government and Its Implementation”

14. A majority government describes a situation when: a. A given political party holds the majority of seats in the House of Commons or in a provincial legislative assembly b. A given government enjoys the support of the majority of the population c. A given political party holds more seats than any other party in the House of Commons or a provincial legislative assembly but falls short of 50% plus one seats d. A given government proposes and implements laws and policies that are likely to appeal to the majority of the population of a country correct answer: a

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Executive Branch”

15. An interest group is: a. A group of individuals that share a common interest or hobby and get together regularly to discuss a matter of their common interest b. A group of corporations that share a particular interest and get together to lobby the government to adopt legislation favouring corporate interests c. A group of individuals or organizations that have a common goal and work together to facilitate a change in law or policy that would help protect or advance the interest of a given group d. A group of individuals or organizations that have a common goal and work together to educate the public on a certain issue

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Introduction to the Canadian Legal System

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “External Pressures: Interest Groups” TRUE/FALSE QUESTIONS 1. In Canada, the executive branch at the federal level of government consists of the Prime Minister, federal cabinet, various executive departments and the Governor General. correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Executive Branch”

2. In Canada, the head of state is the Queen and the head of government is the Prime Minister. correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Executive Branch”

3. Under the Constitution Act, 1867, the levels of government in Canada are: federal, provincial and municipal. correct answer: false

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Federalism”

4. In Canada, both the House of Commons and the Senate are elected by the population. correct answer: false

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Legislative Branch”

5. All First Nations communities seek to achieve full self-government and become completely independent from Canada. correct answer: false

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Inherent Right of Aboriginal Peoples to Self-government and Its Implementation”

SHORT ANSWER QUESTIONS .

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Introduction to the Canadian Legal System

1. Describe mains stages of the statutory enactment process at the federal level.

Answer tips: • Introduction of a bill in the House of Commons (important to note the difference between government and private members’ bills) and first reading • Second reading • Examination by a parliamentary committee (important to note the input of stakeholders at this stage) • Third reading • Consideration in the Senate (important to note the same stages of the three readings as in the House of Commons) • Royal assent and proclamation • Coming into force difficulty rating: 2 (average)

skill classification: factual

relevant heading in the text: “Statutory Enactment Process”

2. Describe the two most common strategies that interest groups use to bring about change.

Answer tips: • The two main strategies are: lobbying and litigation • In relation to lobbying, it is important to provide examples of various forms it can take (e.g., direct talks to politicians, public campaigns, etc) • In relation to litigation, it is important to distinguish two ways how an interest group can be involved: by launching a case and by seeking intervener status difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “External Pressures: Interest Groups”

ESSAY QUESTION Describe interactions between various elements of Canadian political system that help promote government accountability.

Answer tips: • Regular elections help keep the legislature accountable to the people • The legislature can keep the executive accountable through the principle of responsible government, daily question period and debates on the Speech from the Throne and annual budget • All branches of government are constrained by their constitutional powers and the principle of the rule of law; they cannot step outside the boundaries of the law and must act in accordance with the Constitution .

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Introduction to the Canadian Legal System

•

The judiciary has the power to review actions of both the legislature and the executive to ensure their compliance with the rule of law and the Constitution

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Government Accountability”

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Introduction to the Canadian Legal System

CHAPTER 4 CANADA’S COURTS MULTIPLE CHOICE QUESTIONS 1. According to the Constitution Act, 1867, courts in Canada may be created by: a. Federal government only b. Provincial government only c. Both levels of government have the power to create certain types of courts d. Federal, provincial and municipal authorities have the power to create courts correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Power to Establish Courts and Appoint Judges”

2. Which of the following most accurately and fully describes the role of courts? a. Enforcement of the Constitution b. Negotiation, mediation, and arbitration c. Dispute resolution, interpretation of laws, resolution of constitutional questions, protection of individual rights and freedoms d. Hearing of criminal cases; punishing offenders; resolving constitutional questions on issues of criminal law correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Functions of Courts”

3. What is a reference case? a. It is a case that is referred from trial court to a higher court for an appeal b. It is a case that includes references to multiple precedents c. It is a case that does not arise out of a specific dispute, but represents a set of questions on which a federal or provincial government asks a provincial Court of Appeal or the Supreme Court for an opinion d. It is a case where the Supreme Court found violation of Charter rights and which it referred back to a trial court for a new hearing correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Reviewing Constitutionality of Government Actions and/or Legislation” 4. What is meant by court’s jurisdiction? .

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Introduction to the Canadian Legal System

a. It is a body of decisions issued by a court in question b. It is a scope of authority of a given court (it determines the types of cases that a given court can hear) c. It is a statute that outlines procedure before a given court d. It is a criterion that determines where a given court is situated in court hierarchy correct answer: b

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Jurisdiction of Courts”

5. What is a leave to appeal? a. It is a permission from the legislature to the executive to refer questions to the Supreme Court for an advisory opinion b. It is a procedure to be followed in hearings before the Supreme Court of Canada c. It is a permission to a litigant to have an appeal heard by a higher court d. It is a request from the parties to the case to be allowed to make oral submissions before a court correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Structure of Canadian Courts”

6. Which of the following is NOT a federally created court? a. Supreme Court of Canada b. Federal Court c. Tax Court d. Ontario Court of Appeal correct answer: d

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Federal Courts” and “Provincial Court System: Ontario”

7. Which of the following is NOT a characteristic of an adversarial system of adjudication? a. A judge is actively involved in collecting and presenting evidence in the case b. A judge acts as an impartial arbiter between the two parties to a case c. The task of gathering and presenting evidence and questioning witnesses falls on the parties to a case d. This system can be described as a battle between the two parties to a case correct answer: a

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Adversarial System”

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Introduction to the Canadian Legal System

8. In Canada, judges are appointed by: a. Federal government b. Judges to lowest provincial courts are appointed by provincial government and judges of all other provincial and of federally created courts are appointed by the federal government c. Judges of all provincial courts are appointed by provincial government and judges of federally created courts – by the federal government d. Federal parliament in consultation with the Prime Minister correct answer: b

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Power to Establish Courts and Appoint Judges”

9. How many judges are there on the Supreme Court of Canada? a. 3 b. 9 c. 7 d. 12 correct answer: b

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “The Supreme Court of Canada”

10. The ethical principles for judges are outlined in: a. Case law b. The Constitution c. Codes of ethics devised by Canadian and provincial judicial councils d. Rules of Canadian Bar Association correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Judicial Ethics”

11. Which of the following is NOT a specialized court: a. A mental health court b. A Gladue court c. Ontario Superior Court of Justice d. A drug treatment court correct answer: c

difficulty rating: 2 (average)

relevant heading in the text: “Specialized Courts” .

skill classification: comprehension

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Introduction to the Canadian Legal System

12. The purpose of a legal aid system is: a. To provide free legal advice and assistance to anyone who needs it b. To provide free legal advice and assistance only to persons charged with serious crimes c. To allow low-income individuals access to legal advice and assistance free of charge d. To provide legal assistance to the population at discount rates correct answer: c

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Access to Justice”

13. If a complaint about judicial misconduct is made: a. A judge is immediately dismissed from his/her duties and is not allowed to ever work as a judge again b. A Crown prosecutor conducts an investigation to determine if the complaint is well founded; if misconduct is found, the judge stands trial and can be sentenced to imprisonment c. An Ombudsman conducts an investigation and issues a report on the case; if misconduct is found, various disciplinary measures can be taken against the judge d. A judicial council conducts an investigation and gives a judge an opportunity to respond; if necessary, a public hearing is held; if misconduct is found, various disciplinary measures can be taken against the judge correct answer: d

difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Judicial Misconduct”

14. The minimum requirement for candidates for judicial appointments is as follows: a. 10 years of experience as a law professor b. A PhD and 5 years of work experience in a law-related field c. 3 or 5 years of work experience in a law-related field (depending on the province); 5 years for federally appointed candidates d. Being a member of the Bar for 5 to 10 years (depending on the province); 10 years for federally appointed candidates correct answer: d

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Judicial Appointments”

15. The Ontario Superior Court of Justice is comprised of the following divisions: a. Trial court and supreme court b. Divisional court, traffic court, and family court .

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Introduction to the Canadian Legal System

c. Divisional court, family court and small claims court d. Mental health court, traffic court and criminal court correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Superior Court of Justice”

TRUE/FALSE QUESTIONS 1. The Court of Appeal for Ontario is a trial court. correct answer: false

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Court of Appeal for Ontario” and “Structure of Canadian Courts”

2. Candidates for judicial appointments are screened by independent committees who evaluate them and make recommendations to federal or provincial executive. correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Judicial Appointments”

3. Ontario Court of Justice is the lowest court in provincial hierarchy. correct answer: true

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Ontario Court of Justice”

4. If a judge is determined to have committed judicial misconduct, he/she is removed from office; no other lighter penalty is available. correct answer: false

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Judicial Misconduct”

5. Gladue courts are courts that were established as a result of the Supreme Court decision in R v Gladue and are tasked with determining appropriate sentences for Aboriginal offenders, taking their peculiar circumstances into account. correct answer: true

difficulty rating: 1 (easy) .

skill classification: factual

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Introduction to the Canadian Legal System

relevant heading in the text: “Specialized Courts”

SHORT ANSWER QUESTIONS 1. Name and explain the key features of Canada’s court system.

Answer tips: • Three key features: open court, formality and decorum and adversarial system • Open court means that hearings are open to the public (it is important to mention that there may be some limitations on this principle (for example, in case of young offenders)) • Formality refers to highly formalized process of court hearings • Decorum seeks to promote a dignified atmosphere in court • Adversarial system is characterized by the following: the task of collecting and presenting evidence falls on the parties to a case; a judge acts as an impartial arbiter who is not involved in the investigation of the case (it would be useful to contrast this with an inquisitorial system) • Both federal and provincial governments have the power to create courts and appoint judges • Canadian courts are organized in a unified system where provincial courts can hear matters involving both federal and provincial laws and the Supreme Court of Canada can also rule on both federal and provincial matters difficulty rating: 2 (average)

skill classification: comprehension

relevant heading in the text: “Key Features of the Court System”

2. What is access to justice and why is it important?

Answer tips: • Access to justice refers to effective ability of individuals to advance their legal claims or defences in appropriate fora • The notion of access to justice changed over time; it was initially understood merely as access to lawyers, but then expanded to include other initiatives such as public legal education, promotion of alternative dispute resolution (ADR) mechanisms, public interest advocacy and other measures • Access to justice currently involves legal aid, public legal education, ADR, public interest advocacy, pro bono services and court reforms to increase their accessibility and efficiency • Without meaningful ability to advance their claims, individuals would be marginalized, would feel disillusionment about the judicial system and would feel that justice is not being done • Access to justice individuals can help empower individuals, especially those who have been traditionally marginalized .

31 difficulty rating: 2 (average)

Introduction to the Canadian Legal System

skill classification: comprehension

relevant heading in the text: “Access to Justice”

ESSAY QUESTION Briefly describe the hierarchy of courts in Ontario (names of courts, which one is the highest, which is the lowest). In relation to the hierarchy of courts, explain how the doctrine of stare decisis works and what is the difference between binding and persuasive decisions.

Answer tips: • There are three levels of court in Ontario: Ontario Court of Justice, Superior Court of Justice and Court of Appeal for Ontario • Ontario Court of Justice is the lowest court in provincial hierarchy; the Court of Appeal for Ontario – is the highest • Each court has its particular jurisdiction • Ontario Court of Justice deals with certain criminal and family matters as well as young offenders • Superior Court of Justice has inherent jurisdiction and hears criminal, civil and family cases; the court has three branches: small claims court, family court and divisional court • The Court of Appeal hears appeals on lower courts’ decisions • The principle of stare decisis posits that lower courts must follow higher courts’ decisions • A binding precedent is the one that must be followed • A persuasive precedent is the one that does not have to be followed but a court may choose to use it to support its decision • Example of application of stare decisis: Ontario Court of Justices and Superior Court must follow decisions of the Court of Appeal for Ontario (the decisions of Court of Appeal create binding precedents for lower courts in Ontario) • Example of a persuasive precedent: decision of judge A of the Superior Court will have persuasive value for judge B of the same court difficulty rating: 3 (difficult)

skill classification: application

relevant heading in the text: “Provincial Court System: Ontario” and “Binding and Persuasive Precedents” from chapter 2

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Introduction to the Canadian Legal System

CHAPTER 5 THEORETICAL PERSPECTIVES ON THE LAW

MULTIPLE CHOICE QUESTIONS 1. The following statement best reflects the main ideas of which intellectual movement?

Law is not neutral, rational or just; it reflects a predominantly male perspective and seeks to preserve a status quo. a. feminist theory b. positive law c. legal pluralism d. natural law correct answer: a

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Feminist Theory”

2. The theory of natural law posits that: a. Law includes a variety of rules produced by both state and non-state actors; it comprises of a variety of sources that are produced by various actors at local, national and international levels b. The validity of human laws is measured against pre-existing ‘natural’ values; a law that does not reflect these ‘natural’ values is invalid and should not be obeyed c. Human beings are inherently violent and selfish; law is needed to suppress violent human behaviour and ensure a sense of security in a society d. The validity of human laws is determined not by their consistency with ‘natural’ values, but depends on whether they were enacted by a legitimate authority following a prescribed procedure correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Natural Law”

3. Which of the following authors represents the school of positivism? a. St Thomas Aquinas b. Oliver Wendell Holmes c. Richard Delgado d. H.L.A. Hart correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Positivism”

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Introduction to the Canadian Legal System

4. What was the Hart – Fuller debate about? a. Hart and Fuller discussed the same court case, but used different theoretical perspectives on the law; Hart analyzed it from the position of positivism and Fuller – from the position of natural law b. Hart and Fuller discussed the same court case, but used different theoretical perspectives on the law; Hart analyzed it from the position of legal realism and Fuller – from the position of natural law c. Hart and Fuller discussed the same court case, but used different theoretical perspectives on the law; Hart analyzed it from the position of critical race theory and Fuller – from the position of positivism d. Hart and Fuller discussed the same court case, but used different theoretical perspectives on the law; Hart analyzed it from the position of feminist studies and Fuller – from the position of natural law correct answer: a

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: Box 5.2

5. How is the currently widely accepted idea of separation of powers connected to legal theory? a. The origins of this idea can be traced back to the writings of Hart and Fuller and their debates on the nature of law b. Once separation of powers has been implemented in many states, it became a subject of extensive scholarly debates c. The origins of this idea can be traced back to the writings by Baron de Montesquieu d. There is no connection between separation of powers and legal theory correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: Box 5.3

6. Which of the following is characteristic of legal realism? a. Legal realism recognizes the importance of social, political and economic context for our understanding and analysis of the law b. Legal realism concentrates on race and class relations in society and views law as a tool to further oppress marginalized groups c. Legal realism posits that laws overwhelmingly reflect a male perspective on life to the exclusion of input from females d. Legal realism attempts to identify ‘natural’ values that exist in any society and evaluates the fairness of laws based on their consistency with those ‘natural’ values correct answer: a

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Legal Realism”

.

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Introduction to the Canadian Legal System

7. Which of the following is correct in relation to feminism movement: a. The first wave of feminist movement can be traced back to the 1970s b. Feminism movement does not contain any range of perspectives but rather reflects one single idea: law and legal system are male-dominated to the exclusion of women and their perspective, a change to the position of women can be brought about only by means of a revolution c. Feminist movement comprises a variety of perspectives, which share a common concern about patriarchy and position of women, but differ in other respects, such as strategies for change d. Feminist movement has already fulfilled its objectives; the representation of women in courts and government has increased and law is no longer dominated by a male perspective correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Feminist Theory”

8. Which of the following most accurately reflects the ideas of legal pluralism? a. Only rules produced by government authorities can be considered law b. Only rules produced by communities, through a process of popular discussion, can be considered law c. Law includes a variety of rules produced by both state and non-state actors; it comprises of a variety of sources that are produced by various actors at local, national and international levels d. Law cannot be defined with any sufficient degree of precision correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Legal Pluralism”

9. Intersectionality is: a. An approach that examines how a combination of various factors such as race, class, sex, national origin and others play out in various circumstances and whether they may lead to compound disadvantage for some groups b. An interdisciplinary approach that examines the law from the perspective of politics, philosophy, linguistics and other disciplines c. An approach that combines perspectives of positivism and natural law in analysis of the law d. An approach that relies on storytelling as an advocacy technique to help others better understand and relate to the lives of marginalized groups correct answer: a

difficulty rating: 2 (average) skill classification: comprehension .

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Introduction to the Canadian Legal System

relevant heading in the text: “Critical Race Theory”

10. Which of the following is correct? a. Legal realists consider that law is given by God and that laws should follow divine principles annunciated in religious texts b. Critical legal studies movement has roots in legal realism and Marxist scholarship c. Critical race theory focuses on the impact of law on women d. Feminist theorists consider that law will always be biased against women and that a change in law cannot be achieved without a dramatic change in society by means of a revolution correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant headings in the text: “Legal Realism,” “Critical Legal Studies,” “Critical Race Theory,” “Feminist Theory”

11. In relation to judicial decision making, legal realists pointed out that: a. Judges consider legal factors only and nonlegal considerations or judges’ personal biases or background never impact their decisions b. Because most judges are male, they do not always understand circumstances and needs of women and tend to make decisions that disadvantage women c. Judges do not possess any real independence and make decisions that they consider would please the government that appointed them d. Both legal and nonlegal factors impact judicial decisions; judges’ personalities and background are among key factors explaining how a judge decides a case correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Legal Realism” 12. Indeterminacy of the law means: a. Law cannot be defined with any sufficient degree of precision b. There is no agreement on what the sources of law are: in some communities, it is statute, in others – custom, yet in others – religious texts c. Law can be subject to many different interpretations and there is no single predetermined answer to a given question d. Legal rules are often vague correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Critical Legal Studies”

.

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Introduction to the Canadian Legal System

13. The first wave of feminism emerged in: a. The 1960s b. The 1970s c. Late 19th – early 20th century d. Mid-20th century correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Feminist Theory”

14. Which of the following most accurately characterizes the main features of the Critical Legal Studies movement? a. The validity of human laws is measured against pre-existing ‘natural’ values; a law that does not reflect these ‘natural’ values is invalid and should not be obeyed b. Because most judges are male, they do not always understand circumstances and needs of women and tend to make decisions that disadvantage women c. Law is not neutral and fair, but rather reflects dominant values and interests of powerful groups; law needs to be understood in a broader context of political, economic and other factors as well as power relations in society d. Law is not neutral and fair, but reflects racial hierarchies: dominant racial groups (whites) obtain greater benefits and dictate the content of legal rules; law needs to be understood in a broader context of political, economic and other factors as well as race relations in society correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Critical Legal Studies”

15. According to statistics, are women sufficiently well represented in Canadian courts? a. Yes, they make up about a third of federally appointed judges, which constitutes sufficient representation b. No, the proportion of women in courts is below the proportion of women in the general population; representation also varies by level and type of court c. Yes, the government ensures that half of the appointed judges are male and half are female d. No, it is virtually impossible for women to be appointed as judges correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: Box 5.5

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Introduction to the Canadian Legal System

TRUE/FALSE QUESTIONS 1. The ideas of legal pluralism are purely theoretical. It is not possible to find any examples of pluralist systems in the real world (either in the past or present). correct answer: false difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “Legal Pluralism”

2. Liberal feminists seeks to work within the existing system by such means as promoting representation of women in government, education for women and girls, equal pay legislation and other measures. correct answer: true

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Division of Property”

3. In Canadian judiciary, the representation of women and minorities reflects the proportion of those populations in Canadian society (e.g., visible minorities constitute 16% of Canadian population and correspondingly 16% of all judicial appointments are filled by visible minorities). correct answer: false difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: Box 5.5 4. Scholars of critical legal studies argue that laws that reflect ‘natural’ values are fair and just and that current legal systems have overcome inequalities and class divisions. correct answer: false difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “Critical Legal Studies”

5. Legal realists questioned judicial decision-making and exposed that judges make decisions not only on the basis of legal factors, but also are impacted by other considerations (such as their individual biases as well as socioeconomic and political considerations). correct answer: true

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Legal Realism”

.

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Introduction to the Canadian Legal System

SHORT ANSWER QUESTIONS 1. Describe the main similarities and differences of critical race theory and feminist theory.

Answer tips: • Both movements focus on issues of inequality and power relations; they question neutrality and fairness of laws • Critical race theory concentrates on the issues of race, racism and racial hierarchies • Feminist theory focuses on the position of women in society and gender inequality difficulty rating: 2 (average) skill classification: comprehension relevant headings in the text: “Critical Race Theory,” “Feminist Theory”

2. Describe the difference between natural law and positivism.

Answer tips: • Natural law departs from the presumption that there are objectively existing, ‘natural’ values; once these values can be identified, the content and validity of human-made laws is measured against those values • Positivism separates law from moral values and contends that the latter should not be the measure for laws’ validity • Positivism focuses on law’s internal organization and reason, asking whether a given law was properly enacted difficulty rating: 2 (average) skill classification: comprehension relevant headings in the text: “Natural Law,” “Positivism”

ESSAY QUESTION Explain the role legal theory plays in informing the structure and understanding of our contemporary legal system.

Answer tips: • Legal theory provides us with a variety of perspectives that can be used to understand the content and potential biases of current laws • Some of the key elements of our current systems such as representative democracy, separation of powers and the rule of law can be traced back to theoretical writings • Some of the arguments invoked before courts and legislatures in support of particular rules can be considered broadly reflective of various theoretical perspectives (e.g., feminist writings on sex work in the Bedford case) • Critical writings can also help better inform the general public and inspire change .

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Introduction to the Canadian Legal System

difficulty rating: 2 (average) skill classification: comprehension relevant headings in the text: Box 5.3, Box 5.5, “Feminist Theory”

.

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Introduction to the Canadian Legal System

CHAPTER 6 THE CONSTITUTION AND THE CHARTER OF RIGHTS AND FREEDOMS

MULTIPLE CHOICE QUESTIONS 1. The most significant difference between the Charter of Rights and Freedoms and an ordinary statute is: a. Any changes to the Charter can be made only by the Senate b. Only a limited number of changes to the Charter can be passed every year c. The Charter can never be amended d. The Charter is part of the supreme law of the land and all statutes must be consistent with the Charter correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant headings in the text: “What is a Constitution?” and “Canada’s Constitution: An Overview”

2. Which of the following most accurately describes section 1 of the Charter? a. Section 1 determines remedies available for violation of the Charter rights b. Section 1 stipulates the objectives of the Charter c. Section 1 contains a clause that allows imposition of limitations on the Charter rights d. Section 1 guarantees democratic rights of Canadian citizens correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant headings in the text: “Limitations on Charter Rights” 3. Which of the following answers most accurately identifies the most important elements of the Canadian Constitution? a. The Constitution Act, 1867 and the Statute of Westminster, 1931 b. The Balfour Declaration; the Constitution Act, 1982 and constitutional conventions c. The Constitution Act, 1867; the Constitution Act, 1982 and the Charter of Rights and Freedoms d. The British North America Act, 1867; the Statute of Westminster, 1931; the Charter of Rights and Freedoms; judicial decisions on constitutional issues correct answer: c

difficulty rating: 1 (easy)

skill classification: factual

relevant heading in the text: “Canada’s Constitution: An Overview” .

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Introduction to the Canadian Legal System

4. The case of R v Morgentaler, [1993] 3 SCR 463 involved the following main issue: a. Whether limitations on access to abortions were contrary to the Charter b. Whether inmates should be given a right to vote c. Whether it was beyond province’s jurisdiction to enact a law that mandated performance of abortions in hospitals and imposed penalties for performing them outside of hospitals d. Whether Canada should maintain the system of universal healthcare correct answer: c

difficulty rating: 2 (average)

skill classification: factual

relevant heading in the text: “Canada’s Constitution: An Overview” and box 6.2

5. Section 38 of the Constitution Act, 1982 prescribes the following formula for amending certain constitutional provisions: a. Amendments require support of a majority of provincial legislatures, without the approval of federal parliament b. Amendments require support of a majority of federal parliament and a majority of at least two-thirds of provincial legislatures in provinces that make up at least 50% of Canada’s population c. Amendments can be made by federal parliament without any consultation with the provinces d. Amendments require consent of the federal parliament, the Governor General and the Supreme Court correct answer: b

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Constitution Act, 1982”

6. After 1982, the two major attempts for constitutional reform were: a. The Ottawa Accord of 1992 and the Meech Lake Accord of 1987 b. The Meech Lake Accord of 1987 and the Charlottetown Accord of 1992 c. The Meech Law Accord of 1992 and the Charlottetown Accord of 1987 d. The Balfour Declaration and the Statute of Westminster correct answer: b

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Attempts at Further Constitutional Reform”

7. Which of the following distinguished the Charter of Rights and Freedoms (1982) from the Bill of Rights (1960)?

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a. The Charter is an ordinary statute and the Bill of Rights is a part of the Constitution b. The Charter applies only to federal government and the Bill of Rights applies to both federal and provincial governments c. The Charter is a part of the Constitution and the Bill of Rights is an ordinary statute d. There is no difference between the two documents correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The Charter of Rights and Freedoms”

8. The following Charter rights are guaranteed to everyone in Canada (regardless of their immigration or citizenship status): a. The right to vote b. The right to enter and reside in Canada c. The right to run for office d. The right to not to be subject to unreasonable search or seizure correct answer: d

difficulty rating: 2 (average)

skills classification: factual

relevant heading in the text: “The Charter of Rights and Freedoms”

9. Which of the following is correct? a. Charter rights cannot be limited under any circumstances b. Only Canadian citizens enjoy Charter rights c. The Charter applies to interactions between individuals and private entities (e.g., corporations) d. Some rights in the Charter are available to everyone (regardless of their status in Canada), while others are guaranteed to Canadian citizens only correct answer: d

difficulty rating: 2 (average)

skills classification: factual

relevant heading in the text: “The Charter of Rights and Freedoms”

10. The Charter applies to the following types of interactions: a. Between individuals and federal or provincial governments b. Between individuals and private entities c. Between individuals and federal government only d. Between individuals and provincial governments only correct answer: a

difficulty rating: 2 (average)

.

skills classification: factual

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Introduction to the Canadian Legal System

relevant heading in the text: “Application of the Charter”

11. The right to counsel under s 10 of the Charter means: a. that a detainee must be informed that he/she has a right to counsel; no further action from the authorities is required b. that a detainee must be informed of his/her right to counsel and must be given information about available legal aid and duty counsel; the authorities, however, do not have an obligation to ensure that a detainee can effectively exercise that right and speak to a lawyer c. that a detainee must be informed of his/her right to counsel and must be given information about available legal aid and duty counsel; the detainee must be given an opportunity to consult a lawyer d. that an accused has a right to have counsel present at trial and that the counsel must be provided free of charge by the government correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Charter Rights”

12. Can Charter rights be limited? a. no, Charter rights cannot be limited under any circumstances b. yes, Charter rights may be limited but only in cases of national emergency c. yes, Charter rights can be limited in the circumstances outlined in sections 1 and 33 of the Charter d. yes, Charter rights can be limited if the Supreme Court passes a decree that allows for such limitation correct answer: c

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Limitations on Charter Rights”

13. Section 33 of the Charter can be invoked to impose limitations on the following rights: a. all rights in the Charter b. only the right to vote and mobility rights c. all Charter rights, except the right to fair trial and prohibition of arbitrary detention d. all Charter rights, except democratic rights (right to vote and to run for office) and mobility rights correct answer: d

difficulty rating: 2 (average)

relevant heading in the text: “Section 33”

.

skills classification: factual

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Introduction to the Canadian Legal System

14. The infringements under the Charter usually fall within one of the following categories: a. legislation infringes upon Charter rights; actions of private individuals infringe Charter rights b. legislation infringes upon Charter rights; actions of government officials infringe Charter rights c. actions and decisions of corporations violate Charter rights correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Remedies under the Charter”

15. Under section 24 of the Charter, the following remedies for violation of the Charter are available: a. a court can order any remedy that is ‘appropriate and just’, including exclusion of evidence from trial if it was obtained in violation of Charter rights b. the Prime Minister can order any remedy that is ‘appropriate and just’, including exclusion of evidence from trial if it was obtained in violation of Charter rights c. a court can declare a law contrary to the Charter and hence of no force and effect d. Parliament can declare a law contrary to the Charter and hence of no force and effect correct answer: a

difficulty rating: 1 (easy)

skills classification: factual

Relevant heading in the text: “Remedies under the Charter”

16. Under s 52 of the Charter, the following remedies are available (select the answer that provides the most accurate and comprehensive list): a. striking down legislation; severing offending provisions from legislation; reading in; reading down; a declaration of invalidity; constitutional exemption b. striking down legislation; severing offending provisions from legislation; reading in; reading down legislation c. striking down legislation; severing offending provisions from legislation; reading in; reading down legislation; excluding evidence obtained in violation of the Charter d. striking down legislation; reading in; reading down legislation; a declaration of invalidity; constitutional exemption correct answer: a

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Remedies under the Charter”

17. Reading in (as a remedy for violation of the Charter) is: .

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Introduction to the Canadian Legal System

a. a technique used by courts to interpret legislative provisions b. a technique used by lawyers to argue for a particular interpretation of a Charter right c. a technique used by courts to bring legislation in compliance with the Charter; it consists of adding a certain requirement to invalid legislation in order to make it compliant with the Charter d. a technique used by courts to bring legislation in compliance with the Charter; it consists of interpreting an offending provision more narrowly in order to make it compliant with the Charter correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Remedies under the Charter”

18. In Sauvé v Canada (2002), the Supreme Court held that: a. limiting access to abortions violated women’s rights under section 7 of the Charter b. Nova Scotia had no authority to enact legislation that mandated performance of abortions in hospitals and imposed penalties for such procedures conducted outside hospitals (e.g., in a private clinic) c. prohibiting inmates who were serving a sentence of 2 years or more in prison from voting was justifiable under the Charter d. prohibiting inmates who were serving a sentence of 2 years or more in prison from voting was a violation of their rights under s 3 of the Charter and it was not justified under s 1 correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant headings in the text: “Charter of Rights and Freedoms” and box 6.8

19. According to Hogg and Bushell, the dynamics between courts and legislatures can be described in the following way: a. they exist as two separate institutions that never interact in any way; each performs distinct functions and their activities have no bearing on each other b. courts, by ruling on constitutionality of laws, dictate to legislatures what to do and how laws should be worded c. legislatures are the supreme law-makers; they do not have to ever take into consideration court decisions and can word legislation in any way they see fit; legislatures can and often do override decisions of courts d. it takes form of a ‘dialogue’ meaning that a court decision is usually not the final word on a given issue and that there are a number of ways how a legislature may respond to a court ruling; in some cases, legislature takes no action, in others it amends legislation according to judicial guidance, yet in others overrides a given court decision .

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correct answer: d

Introduction to the Canadian Legal System

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interaction between Legislatures and Courts”

20. The Oakes test is: a. a test used by legislatures to determine if an infringement of a Charter right is justifiable under s 1 of the Charter b. a test used by courts to determine if an infringement of a Charter right is justifiable under s 1 of the Charter c. a test used by courts to determine if evidence obtained in violation of accused’s Charter rights should be excluded from trial d. a test used by the Department of Justice in drafting federal bills correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Section 1”

21. Section 1 of the Charter allows for limitation of Charter rights in the following circumstances: a. whenever a legislature considers the limitation necessary b. only when limitations are reasonable and that can demonstrably justified in a free and democratic society c. whenever considerations of national security require limiting individual rights d. Charter rights cannot be subject to any limitations correct answer: b

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Section 1”

22. The POGG power under the Constitution Act, 1867 means that: a. provincial governments may legislate for the “Peace, Order and Good Government” of provinces in emergency circumstances and in matters of national concern b. federal government may legislate for “Peace, Order and Good Government” in case of national emergencies c. federal government may legislate for “Peace, Order and Good Government”; these powers include: residual power, emergency power and matters of national concern d. both federal and provincial governments may pass any legislation that is necessary to preserve “Peace, Order and Good Government” correct answer: c

difficulty rating: 1 (easy)

skills classification: factual .

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Introduction to the Canadian Legal System

relevant heading in the text: “Constitution Act, 1867”

23. Concurrent jurisdiction under the Constitution Act, 1867 means that: a. both provincial and municipal governments have the power to regulate certain selected subject matters b. federal government must seek concurrence of provinces in passing amendments to Canada’s Constitution c. both federal and provincial governments have the power to regulate certain selected matters (e.g., immigration) d. the Governor General must approve all legislation that is passed by federal parliament correct answer: c

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Constitution Act, 1867”

24. Which of the following most accurately describes the Constitution Act, 1982: a. it contains amending formulas and the Charter of Rights and Freedoms b. it outlines the division of powers between federal and provincial governments c. it outlines the division of powers between federal and provincial governments; procedures for amendment of the Constitution and basic rights and freedoms d. it sets out POGG powers correct answer: a

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Constitution Act, 1982”

25. The constitution as the supreme law of the land means that: a. it is the only law that governs a given country b. all other laws must be consistent with it c. the constitution cannot be amended because a change in the constitution can lead to the change in the whole government structure of a given country d. the constitution must receive support and approval not only from the legislature but also from the population by means of a referendum correct answer: b

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “What is a Constitution?”

26. Which of the following rights is not expressly mentioned in the Charter? a. The right to social assistance .

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Introduction to the Canadian Legal System

b. The right to run for office c. The right to enter Canada d. The right to equality correct answer: a

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Charter Rights”

27. In order to establish violation of a s 7 right, an applicant must demonstrate that: a. there has been a deprivation of the right to life, liberty or security of person and that the deprivation was not in accordance with the principles of fundamental justice b. there has been a deprivation of the right to vote and that the deprivation was not in accordance with the principles of fundamental justice c. a law violates principles of fundamental justice d. there has been a deprivation of the right to counsel and that the deprivation was not in accordance with the principles of fundamental justice correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “What is the Meaning and Scope of Each Right?”

28. Under s 7 of the Charter, the liberty interest means: a. only freedom from physical restraint b. protection against interference in a person’s bodily and psychosocial integrity c. both freedom from physical restraint and freedom in making fundamental life choices d. protection against death penalty correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “What is the Meaning and Scope of Each Right?”

29. Which of the following is correct? a. the notwithstanding clause is valid only for a 5-year term b. the right to counsel is guaranteed only to Canadian citizens c. Charter rights cannot be limited under any circumstances d. the Charter applies only to the actions of the federal government correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The Charter of Rights and Freedoms” .

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Introduction to the Canadian Legal System

30. A constitutional exemption is: a. a remedy that can be ordered by courts in case of Charter violations; it exempts an individual from application of a valid law b. a remedy that can be provided by legislatures in order to avoid Charter violations; it exempts an individual from application of a valid law c. a law that exempts a given government authority from the application of the constitution correct answer: a

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Remedies under the Charter”

TRUE/FALSE QUESTIONS 1. Only citizens enjoy the following Charter rights: mobility rights, the right to vote and protection against arbitrary detention. correct answer: false

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Canada’s Constitution: an Overview”

2. A constitution is the fundamental law of a given country. It defines the structure of government as well as rights of individuals and main principles of interaction between the state and the individual. correct answer: true

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “What is a Constitution?”

3. Canada has an entirely unwritten constitution (that is, it consists of unwritten principles, rules and conventions) correct answer: false

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Canada’s Constitution: an Overview”

4. The Constitution Act, 1867 outlines the structure of government and the powers of each branch and level of government. correct answer: true

.

difficulty rating: 1 (easy)

skills classification: factual

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Introduction to the Canadian Legal System

relevant heading in the text: “Constitution Act, 1867” 5. The power to amend Canada’s Constitution lies with the British Parliament. correct answer: false difficulty rating: 1 (easy) skills classification: factual relevant heading in the text: “Canada’s Constitution: an Overview”

SHORT ANSWER QUESTIONS 1. Explain in your own words the meaning and effect of section 33 of the Charter (the notwithstanding clause).

Answer tips: • Section 33 allows federal and provincial legislatures to pass laws that infringe upon Charter rights and declare that they will operate notwithstanding the provisions of the Charter • Section 33 cannot be invoked to override certain rights, namely democratic and mobility rights • A declaration under section 33 is valid for 5 years only • The effect of section 33 declaration is to immunize a given law from judicial scrutiny difficulty rating: 2 (average) skills classification: factual relevant heading in the text: “Section 33”

2. Briefly describe 4 main ways in which the Constitution Act, 1867 allocates powers between federal and provincial governments.

Answer tips: • Exclusive federal jurisdiction • Exclusive provincial jurisdiction • Shared federal/provincial jurisdiction • POGG powers, which allow federal parliament to pass laws for the “Peace, Order and Good Government of Canada”; POGG includes: residual power, emergency power and power over matters of national concern difficulty rating: 2 (average) skills classification: factual relevant heading in the text: “Constitution Act, 1867”

ESSAY QUESTION What is the Charter of Rights and Freedoms? How and when was it enacted? Give examples of 2-3 rights that are included in the Charter. Can Charter rights be limited? If yes, when/how? .

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Illustrate your answers by reference to Sauvé v Canada (explain briefly facts of the case, which right was engaged, what the court decided and why).

Answer tips: • The Charter is a part of the Constitution • It was enacted in 1982 as a part of the patriation of the Constitution • Various examples of rights can be found in ss. 2-15 • There are two main limitations on Charter rights: o s. 1 – rights may be subject to “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”. This section is used when courts determine constitutionality of legislation; an special Oakes test is used to conduct s. 1 analysis o Section 33 notwithstanding clause: allows federal and provincial legislatures to pass laws that infringe upon Charter rights and declare that they will operate notwithstanding the provisions of the Charter. Section 33 cannot be invoked to override certain rights, namely democratic and mobility rights. A declaration under section 33 is valid for 5 years only. The effect of section 33 declaration is to immunize a given law from judicial scrutiny.

• Sauvé v Canada: Mr Sauvé challenged the constitutionality of a law that prohibited from voting inmates serving 2 or more years in prison; the majority of the Supreme Court found the law unconstitutional difficulty rating: 3 skills classification: application relevant heading in the text: “Charter of Rights and Freedoms”

.

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Introduction to the Canadian Legal System

CHAPTER 7 ADMINISTRATIVE LAW

MULTIPLE CHOICE QUESTIONS 1. Administrative law serves the following purposes: a. It outlines the powers of the three branches of government and two levels of government in Canada and sets out the decision-making procedure that they must follow b. It promotes efficiency of government administration and outlines procedure to be followed by administrative tribunals c. It promotes efficiency of government work and ensures its fairness d. It sets out the powers of the legislative branch and ensures that laws passed by the legislature are fair correct answer: c

difficulty rating: 2 (average)

skills classification: factual

relevant heading in the text: “Introduction”

2. Enabling legislation is: a. Legislation that outlines the powers of federal and provincial levels of government and enables them to regulate various subject matters b. Legislation that outlines rights and duties of individuals, enabling them to act in certain ways c. Legislation that outlines the jurisdiction of courts, enabling them to hear various types of cases d. Legislation that mandates the creation of a given administrative agency and sets out its powers correct answer: d

difficulty rating: 2 (average)

skills classification: factual

relevant heading in the text: “Administrative Decision Making”

3. Which of the following is correct: a. All administrative agencies follow the same decision-making procedure b. For a procedure to be considered fair, it must involve an oral hearing c. What is fair depends on the context and different agencies may have difference procedures that reflect uniqueness of their context d. Like some courts, administrative agencies have inherent powers correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Administrative Agencies” and “Fairness of Decision Making” .

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Introduction to the Canadian Legal System

4. The two key component of procedural fairness are: a. The right to fair trial and the right to silence b. The right to have an oral hearing and to receive a written decision on the case c. The right to be heard and the right to appeal the decision d. The right to be heard and the right to have a decision made by an independent and impartial decision maker correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Fairness of Decision Making”

5. The right to be heard means: a. To be informed of the case to be met and to be given an opportunity to respond b. To be able to make oral arguments before a tribunal c. To be able to call and cross-examine witnesses and to present written evidence d. To be able to call and cross-examine witnesses and to be able to respond to concerns raised by the decision-maker correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The Right to be Heard”

6. Which of the following is NOT a key principle of administrative law: a. Decision makers must follow a fair procedure b. Decision makes must not overstep the limits of authority provided to them by law c. Discretion must be exercise reasonably d. An applicant must be given a fair trial and enjoy a presumption of innocence correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Key Principles of Administrative Law”

7. The Supreme Court decision in Baker v Canada was important because: a. It established that decision makers must act within the limits of authority provided to them by enabling legislation b. It outlined factors that are to be considered in evaluating what would be fair in a given context c. It provided that an oral hearing must be conducted in all administrative law matters d. It established the power of courts to conduct review of administrative decisions correct answer: b

difficulty rating: 2 (average) .

skills classification: comprehension

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Introduction to the Canadian Legal System

relevant heading in the text: “The Right to be Heard”

8. Judicial review does the following: a. It examines if an action was compliant with the Constitution b. It examines if the applicant’s guilt was proven beyond a reasonable doubt c. It examines if a given administrative decision was authorized by a statute d. It interprets legislation to provide clearer guidance to applicants correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Oversight of Administrative Decision Making”

9. The concept of deference means: a. Administrative decision makers have a lot of leeway in deciding how to deal with a case at hand b. On judicial review, a court will respect the particular expertise of administrative decision makers and will interfere as little as possible into the substance of those decisions c. On judicial review, a court would evaluate if the administrative decision maker in question interpreted the law correctly d. Administrative decision makers must strictly follow the law correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Scope of Judicial Review”

10. The two standards of review are: a. Fairness and reasonableness b. Patent unreasonableness and reasonableness simpliciter c. Correctness and reasonableness d. Fairness and correctness correct answer: c

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Standard of Review”

11. Mandamus is a remedy that: a. Compels an agency to perform its existing duty b. Declares an agency’s decision contrary to the law c. Requires a decision-maker to follow a fair procedure .

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d. Quashes an agency’s decision correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Remedies”

12. Which of the following is the most complete and accurate list of remedies that can be provided on judicial review: a. Mandamus, quashing a decision, requiring a decision-maker to follow a fair procedure b. Declaration that an agency’s action was contrary to the law, mandamus c. Declaration that an agency’s action was contrary to the law, mandamus, determination that an agency’s decision was unconstitutional, an order for an agency to implement new policies d. Mandamus, quashing a decision, requiring a decision-maker to follow a fair procedure, declaration that an agency’s action was contrary to the law, prohibition on the agency from taking actions that it is not authorized to take correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Remedies”

13. Which of the following is NOT an example of administrative decision-making: a. Decision of a court on the sentence to be imposed on the accused b. Decision of licensing agency to issue a license c. Government’s decision on an application for unemployment insurance d. Decision of the Immigration and Refugee Board on a refugee claim correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Introduction”

14. Discretion means that: a. Decision makers must act within the limits of authority provided to them by enabling legislation b. Decision makers must follow the procedure prescribed by enabling legislation c. Courts may overturn decisions of administrative agencies if they find errors in those decisions d. Decision makers are given room to choose among options in determining a course of action or outcome in a given case correct answer: d

difficulty rating: 2 (average)

.

skills classification: comprehension

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relevant heading in the text: “Powers of the Decision Maker”

15. Which of the following distinguishes courts from administrative tribunals: a. Courts conduct hearings in a less formal manner than tribunals b. Tribunals usually conduct hearings in a less formal manner than courts c. Courts follow an inquisitorial model of adjudication and tribunals – an adversarial one d. There is no difference between courts and tribunals correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Administrative Tribunals and Fair Process”

16. Which of the following cannot be done on judicial review: a. Rehearing of the case anew b. Reviewing whether the original decision maker made an error c. Reviewing the reasons of the original decision maker d. Reviewing how the original decision maker interpreted the law correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Judicial Review”

17. Which of the following is correct: a. The more compelling are the interests at stake for an applicant, the higher is the degree of procedural fairness owed to her b. An oral hearing is always required in order for a procedure to be considered fair c. Political and legislative decisions are subject to the duty of fairness d. Decision makers need not apply the same procedure consistently to all cases; they may vary the procedure at their discretion correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The Right to be Heard”

18. Which of the following is correct in relation to administrative tribunals: a. Like judges, tribunal members always must be lawyers b. The decision making procedure before tribunals is often more informal than before courts c. Unlike courts, tribunals cannot hear witnesses d. Tribunals do not have to follow the main principles of administrative law .

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correct answer: b

Introduction to the Canadian Legal System

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Administrative Tribunals and Fair Process”

19. All tribunal procedures usually include the following key elements (choose an answer that contains the most comprehensive and accurate list): a. Notice, participatory rights and decision b. Notice, disclosure, the right to be present at the hearing and the right to counsel, decision c. Notice, disclosure, the right to be present at the hearing, the right to counsel, the right to an interpreter, the right to present evidence and the right to cross-examine witnesses d. Notice, disclosure, participatory rights, decision and reasons correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Administrative Tribunals and Fair Process”

20. Participatory rights before a tribunal include (choose an answer that has the most comprehensive and accurate list): a. The right to be present at the hearing, the right to present evidence and to crossexamine witnesses b. The right to have an oral hearing, the right to counsel and the right to an interpreter c. The right to make written submissions to a tribunal with the assistance of counsel, the right to an interpreter, the right to present evidence and to cross-examine witnesses d. The right to be present at the hearing, to have assistance of a counsel, the right to an interpreter, the right to present evidence and to cross-examine witnesses correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Administrative Tribunals and Fair Process” 21. In deciding which standard of review is applicable in a given case, a court considers the following factors (choose an answer with the most accurate and comprehensive list): a. The expertise of the agency that made the original decision b. The presence or absence of a privative clause; the nature of the question at issue and the special expertise of the agency that made the decision c. The nature of interests at stake; the legitimate expectations of the parties and the nature of the statutory scheme d. The presence or absence of a privative clause; the nature of the question at issue; the purpose of the agency that made the decision and its expertise correct answer: d

difficulty rating: 2 (average)

.

skills classification: comprehension

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relevant heading in the text: “Standard of Review”

22. Which of the following is NOT a ground for overturning an administrative decision: a. The decision maker improperly exercised discretion b. The decision maker acted outside his jurisdiction c. The decision maker did not follow a fair procedure d. The decision maker followed the law and proper procedure but the applicant disagrees with the decision correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Oversight of Administrative Decision Making”

23. The Supreme Court decision in Dunsmuir: a. Set out the test to be followed to determine what standard of review is applicable in a given case b. Prescribed a list of factors that are to be considered in determining if the decision making process was fair c. Established that applicants appearing before administrative tribunals must be guaranteed a right to counsel d. Established that courts are to give deference to administrative decision makers correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Standard of Review”

24. Which standard of review should be used where a court is reviewing how the original decision maker interpreted the law: a. The standard of reasonableness b. The standard of modern interpretation c. The standard of deference d. The standard of correctness correct answer: d

difficulty rating: 2 (average)

relevant heading in the text: “Standard of Review”

25. Which of the following is correct? a. There are three standards of review b. There are two standards of review

.

skills classification: comprehension

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c. A standard of review applicable to a particular case is determined subjectively by a judge deciding the case (there is no guidance or prescribed list of factors for the judge to follow) d. Correctness standard allows for some deference to the original decision maker correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Standard of Review”

26. The correctness standard of review is means that: a. There is only one correct answer to a given question: the original decision maker either got it right or wrong b. The original decision maker had a range of options to choose from and had enough leeway to decide which one would be more appropriate in a given case c. The court would examine the original decision maker’s reasons for the decision: whether they are intelligible and if there is a logical connection between evidence and the decision maker’s conclusions d. The court is to defer to the special expertise of the original decision maker correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Standard of Review”

27. The reasonableness standard focuses on: a. Whether the original decision maker interpreted the law correctly b. The procedure that original decision maker used c. The decision maker’s articulation of reasons for the decision and the outcome: whether the reasons are intelligible and if there is a logical connection between evidence and the decision maker’s conclusions d. The special expertise of the original decision maker correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Standard of Review”

28. Which of the following is NOT an administrative agency: a. Immigration and Refugee Board of Canada b. Provincial human rights tribunal c. Labour relations board d. Supreme Court of Canada correct answer: d

difficulty rating: 1 (easy)

skills classification: comprehension

.

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relevant heading in the text: “Administrative Agencies”

29. The test for reasonable apprehension of bias focuses on: a. Whether the decision maker was actually biased b. Whether the decision maker had a financial or personal interest in the outcome of the case c. Whether a reasonable and well informed observer would conclude that the decision maker in the case was likely biased d. Whether a decision maker followed the same procedure in all cases that she dealt with correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The Right to Have a Decision Made by an Independent and Impartial Decision Maker”

30. If, on judicial review, a court finds quashes a decision of the original decision maker: a. The case goes back to the original decision maker for redetermination b. The court substitutes the original decision with its own c. The court awards damages to the applicant for the harm suffered as a result of the erroneous decision d. The court orders the original decision maker to give a positive decision to the applicant correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Remedies”

TRUE/FALSE QUESTIONS 1. All administrative agencies follow exactly the same procedure: they give notice to the parties that their case would be heard, allow the person concerned to present their case during a hearing and give a written decision on the case. correct answer: false difficulty rating: 2 (average) skills classification: comprehension relevant heading in the text: “Administrative Agencies”

2. Administrative law seeks to ensure that government agencies exercise their powers fairly. correct answer: true

difficulty rating: 2 (average)

.

skills classification: comprehension

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relevant heading in the text: “Introduction”

3. In order to be considered fair, a procedure must always include an oral hearing where the person concerns has a chance to directly interact with the decision-maker. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

Relevant heading in the text: “The Right to be Heard”

4. The choice of procedure for a given administrative agency depends on such factors as subject matter of cases, volume of cases received by the agency, and interests at stake for parties appearing before the agency. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Decision Making Procedure”

5. Administrative decision-makers usually have a lot of discretion and can exercise it in any way they consider appropriate. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Powers of the Decision Maker”

SHORT ANSWER QUESTIONS 1. Explain why administrative law is important to daily functioning of the state as well as our everyday dealings with the state.

Answer tips: • The state operates through a variety of agencies; many of us may come into contact with these agencies on a regular basis • Administrative law ensures that these agencies operate efficiently and fairly • Administrative law may help us evaluate if a given procedure is fair and challenge decisions that do not follow the rules of administrative law difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Introduction”

2. Explain how one can determine if a given procedure is fair. .

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Answer tips: • There is no one single definition of a fair procedure; what is fair is determined contextually • The Supreme Court decision in Baker provided a list of factor that can help determine what is fair in a given context: the nature of the decision, the nature of the statutory scheme, the importance of the decision to the person concerned, the legitimate expectations of the parties, the procedure chosen by the agency difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Fairness of Decision Making”

ESSAY QUESTION Briefly explain what the standard of review is; name and explain the two standards of review; outline that factors that courts use to decide which standard of review is applicable in a given case.

Answer tips: • Standard of review describes the degree of rigour with which courts will review a given administrative decision • There are two standards of review: reasonableness and correctness • The correctness standard means that there is only one correct answer to a given question: the original decision maker either got it right or wrong • The reasonableness standard focuses on the decision maker’s articulation of reasons for the decision and the outcome: whether the reasons are intelligible and if there is a logical connection between evidence and the decision maker’s conclusions • The applicable standard of review is determined contextually on the basis of the following factors: the presence or absence of a privative clause; the nature of the question at issue; the purpose of the agency that made the decision and its expertise difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Standard of Review”

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CHAPTER 8 CRIMINAL LAW

MULTIPLE CHOICE QUESTIONS 1. Which level and branch of government has the power to enact criminal laws? a. Federal parliament only b. Federal and provincial legislatures have shared jurisdiction to enact criminal laws c. Provincial legislatures only d. All criminal law is judge-made, namely developed by provincial courts correct answer: a

difficulty rating: 2 (average)

skills classification: factual

relevant heading in the text: “Jurisdiction over Criminal Law and Sources of Criminal Law”

2. Duress is: a. A defence that can be used in a case where the accused was forced by someone else to commit a crime; that other person threatened to harm or kill the accused or his family if he did not do what he was told b. A defence where the accused claims that it was necessary for her to act because she was provoked and deeply offended by the victim c. A defence where the accused claims that he had to act in the interests of selfdefence; he needed to respond to an unprovoked assault by another person d. A defence where the accused claims that some sort of urgent circumstances required her to commit the offence; she had to break the law in order to prevent a greater harm from occurring correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Duress”

3. What are the essential elements of an offence in criminal law? a. Mens rea and wilful blindness b. Mens rea and actus reus c. Actus reus, surrounding circumstances and attempt d. Criminal act or omission and actus reus correct answer: b

difficulty rating: 2 (average)

relevant heading in the text: “Elements of an Offence”

4. Recklessness means: .

skills classification: comprehension

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a. Deliberately taking an unjustifiable risk, foreseeing that certain wrongful consequences can flow from that risk-taking b. Closing one's mind to the consequences of an action c. Deliberate and planned offence that results in death of a person d. An offence in which the prosecution must prove only the actus reus of the offence, but not mens rea correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mens Rea”

5. In Canada, the prosecution must prove elements of an offence (on what standard?): a. Balance of probabilities b. Beyond a reasonable doubt c. Beyond mere suspicion d. Reasonable grounds to believe correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Safeguards to Ensure a Fair Criminal Process”

6. A hybrid offence is: a. An offence that requires both mens rea and actus reus to be proven b. An offence that can be prosecuted summarily or by indictment on the election of the judge c. An offence that can be prosecuted summarily or by indictment on the election of the prosecution d. An offence that involves several causes of death correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Summary Conviction, Indictable, and Hybrid Offences”

7. An indictable offence is: a. A less serious offence that is tried through a simpler procedure b. An offence that, on discretion of the prosecutor, may be tried either by summary conviction or by way of indictment c. A more serious offence punishable by a more severe sentence d. An offence which requires a proof of mens rea only; no proof of actus reus is required correct answer: c

difficulty rating: 2 (average)

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skills classification: comprehension

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Introduction to the Canadian Legal System

relevant heading in the text: “Summary Conviction, Indictable, and Hybrid Offences”

8. Willful blindness is: a. A form of actus reus that implies that the accused disregarded certain important circumstances b. A form of mens rea that indicates that the accused was running an unjustifiable risk and disregarded the presence of danger c. A form of mens rea denoting that the accused suspected presence of certain circumstances (usually indicative of criminal activity), but deliberately chose to ignore them d. A defence in criminal law which allows for acquittal of an individual who was mistaken about the circumstances at hand and had no reason to believe that she was committing an offence (e.g., taking someone else’s umbrella under a mistaken belief that it is yours) correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mens Rea”

9. The presumption of innocence means: a. The accused is innocent if he has been acquitted b. The accused is presumed innocent if he publicly states that he is innocent c. The accused is presumed innocent until proven guilty in a fair and public hearing d. The accused is presumed innocent until the Supreme Court decides on his appeal correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Safeguards to Ensure a Fair Criminal Process”

10. A successful defence of not criminally responsible on account of mental disorder (NCR) leads to: a. Full acquittal of the charge b. Reduced charge (e.g., from murder to manslaughter) c. Determination that a person is not criminally responsible and one of the following dispositions: absolute discharge; conditional discharge; or custody in a treatment institution d. Indefinite confinement of the accused in a treatment facility correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Not Criminally Responsible (NCR)” .

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11. Which of the following is NOT a characteristic of the defence of provocation? a. Provocation is a full defence leading to acquittal b. The accused must have acted in the heat of the moment c. Provocation must have been sudden and unexpected d. The accused was provoked by an insult sufficient to make an ordinary person lose the power of self-control correct answer: a difficulty rating: 2 (average) skills classification: comprehension relevant heading in the text: “Provocation”

12. The defence of necessity applies when: a. The accused acted under threat of death or bodily harm made against him by another person b. The accused acted under the circumstances of an emergency and was forced to break the law in order to prevent a greater harm from occurring c. The accused had to defend herself from an attacker d. The accused was in a state of impaired consciousness and had no control over her actions correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Necessity”

13. Which of the following statements is correct? a. Consent can never be a defence to any kind of charge b. Intoxication cannot be raised as a defence in relation to any types of offences c. Provocation is a partial defence d. If a person is recognized NCR, he is detained and is never allowed to live in a community without supervision correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Defences”

14. What are the current rules with respect to the defence of intoxication? a. The defence of intoxication can be used with respect to any type of offence and always leads to acquittal b. The defence of intoxication is available only with respect to general intent offences c. Intoxication can never be a defence, but it can be a mitigating factor at the stage of sentencing

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d. The defence of intoxication is available with respect to specific intent offences; it may also be available with respect to general intent offences, except for those that involve assault or other interference with a person’s bodily integrity correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Intoxication”

15. Robert went hunting. While wondering in the woods he saw something grey among the trees and thought it was a deer. He fired. When he approached, he saw that he wounded a woman who was wearing a grey jacket. He was in a very remote area and has never met any people in this area before. Robert had no reason to think that other people could be in the area where he was hunting. Robert may raise a defence of: a. Automatism b. Mistake of fact c. Duress d. Provocation correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Defences”

16. The requirement of mens rea seeks to ensure that: a. Blameworthy individuals are not punished b. Those who did not understand or intend the consequences of their actions are not convicted c. Those who have mental disorders are not punished d. Those who choose to remain ignorant of suspicious circumstances indicating criminal activity are not able to subsequently escape liability correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mens Rea”

17. Which of the following is characteristic of regulatory offences? a. They seek to punish violent acts of individuals such as murder and assault b. They regulate activity that is generally considered beneficial and desirable (e.g., manufacturing, construction, driving) and exist not in order to prohibit conduct but to facilitate more responsible behavior c. They always require proof of both actus reus and mens rea d. They seek to regulate behaviour of the police and provide for penalties where the police abuse their powers

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correct answer: b

Introduction to the Canadian Legal System

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “True Crimes and Regulatory Offences”

18. Abetting in the commission of an offence means: a. Assisting the offender to escape after the offence has been committed b. Procuring someone to commit an offence c. Assisting someone to commit an offence d. Encouraging commission of an offence correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Parties to an Offence”

19. A person can be charged as an accessory after the fact if he: a. Provided assistance to a principal offender during the commission of an offence b. Provided assistance to a principal offender prior to the commission of an offence c. Provided assistance to a principal offender after the commission of an offence d. Procured someone else to commit an offence correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Parties to an Offence”

20. Which of the following is NOT a full defence: a. Consent b. Provocation c. Mistake of fact d. Automatism correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Defences”

21. A conditional sentence is a sentence that: a. Is a form of imprisonment that is served in a low-security prison under condition that the inmate maintains good behavior b. Is a form of imprisonment that is served in a community under conditions such as curfew, house arrest, and enrolment in a treatment program c. Is a sentence that leaves a person without a conviction but imposes certain conditions on them for a period of time

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d. Is a sentence that imposes a condition on the accused to pay financial compensation to the victim of the crime correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Sentencing Options”

22. Which of the following represents the most complete and accurate list of objectives of sentencing under s 718 of the Criminal Code: a. Denunciation of unlawful conduct; punishment; deterrence; rehabilitation; retribution for victims; protection of society b. Punishment; separation of offenders from society; financial compensation to victims; denunciation of unlawful conduct; deterrence; rehabilitation of offenders c. Separation of offenders from society; reparation to victims and community; denunciation of unlawful conduct; deterrence; rehabilitation of offenders; promotion of sense of responsibility in offenders d. Specific and general deterrence; punishment; denunciation of unlawful conduct; protection of society correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Objectives and Principles of Sentencing”

23. Which of the following is NOT a principle of sentencing: a. Offenders from disadvantaged backgrounds should receive more lenient sentences b. Women should not be imprisoned c. Aboriginal offenders should not be sentenced to imprisonment because they are already overrepresented in jails d. All available sanctions other than imprisonment that are reasonable under the circumstances should be considered for all offenders correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Objectives and Principles of Sentencing”

24. Bedford v Canada case dealt with the following issue: a. Constitutionality of prohibition on abortions b. Principles and purposes of sentencing c. Application of the NCR defence d. Constitutionality of the Criminal Code provisions on prostitution-related activities correct answer: d

difficulty rating: 2 (average)

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skills classification: comprehension

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relevant heading in the text: “Bedford v Canada: Should Sex Work be Criminalized?”

25. In Bedford v Canada, the Supreme Court found that: a. Conditional sentences are not appropriate for drug importation offences; given the gravity of such offences, imprisonment is a more appropriate sentence b. Provisions criminalizing certain prostitution-related activities do not violate s 7 of the Charter c. Provisions criminalizing keeping a bawdy house, living on the avails of prostitution and communicating for the purpose of prostitution violate s 7 rights of sex workers d. Intoxication can be a defence to a general intent offence, but only when intoxication is so extreme that it leads to a state akin to automatism or insanity correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Bedford v Canada: Should Sex Work be Criminalized?”

26. R v Hamilton dealt with the following issue: a. Whether conditional sentence was an appropriate sentence for offence of drug importation b. Whether sex work should be criminalized c. Whether NCR defence was constitutional d. Whether intoxication could be a defence to general intent offences correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “R v Hamilton: How Should the Disadvantaged Background of an Accused Factor into Sentencing?”

27. Which of the following is correct? a. The Criminal Code prescribes very specific sentences for all offences and judges have no discretion in determining an appropriate sentence in an individual case b. Restorative justice initiatives are not among sentencing options in Canada c. Similar sentences should be imposed on similar offenders for similar offences committed in similar circumstances d. The sentence of imprisonment cannot be applied to Aboriginal offenders; they must be streamlined into a restorative justice initiative correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Objectives and Principles of Sentencing”

28. Measures of general deterrence seek to: .

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a. Deter a specific offender from committing various general intent offences in the future b. Deter the general public from committing offences c. Create a special regime (within criminal law) for persons with mental disorders whereby general criminal law rules would not apply to these individuals d. Implement a principle that punishment should correspond to the degree of blameworthiness of the offender correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Introduction” 29. Which of the following is true in relation to the application of the defence of consent in contact sports: a. The defence of consent is inapplicable to such situations and any injury inflicted during a sporting event constitutes assault b. participants are presumed to have given implied consent to bodily contact during play; only infliction of serious injuries (both accidental and intentional) would not be covered by the defence of consent and can be considered assault c. Participants of contact sports give implied consent to have injuries inflicted on them and participants can never be charged with assault even where intentional injuries are inflicted during a game d. participants are presumed to have given implied consent to bodily contact during play; accidental contact (including leading to injury) that occurs during fair play does not constitute assault but intentional injury during a game that falls outside fair play cannot be shielded by the defence of consent correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Consent”

30. What is the difference between intent and motive? a. Intent describes the reasons for offender’s actions, while motive denotes a type of mens rea b. Intent is a type of mens rea that demonstrates that the offender wanted to bring about a certain consequence; motive describes the reasons for the offender’s actions c. Intent is a type of mens rea that demonstrates that the offender did not desire to bring about a certain consequence, but took an unjustifiable risk foreseeing that a wrongful consequence might occur; motive describes the reasons for taking the unjustifiable risk and neglecting to foresee the consequences d. Motive is an element of an offence and must be proven by prosecution in order to obtain a conviction; intent is not an element of an offence and is irrelevant to determining guilt or innocence of the accused

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correct answer: b

Introduction to the Canadian Legal System

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mens Rea”

TRUE/FALSE QUESTIONS 1. In Canada, the defence of duress exists in two forms: as a statutory provision under the Criminal Code and in the form of common law rules. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Duress”

2. The four types of mens rea are: intent, knowledge, willful blindness and unreasonableness. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mens Rea”

3. Under certain circumstances, failure to act may constitute an actus reus of an offence. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mens Rea”

4. The objective of specific deterrence is to deter the general public from committing offences. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Introduction”

5. Attempted murder falls into category of incomplete offences. correct answer: true

difficulty rating: 2 (average)

relevant heading in the text: “Incomplete Offences”

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skills classification: comprehension

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SHORT ANSWER QUESTIONS 1. Briefly explain the content of the defence of consent. Are there any limitations on the applicability of this defence? If yes, please name and briefly explain them.

Answer tips: • In relation to some offences, absence of consent is a required element of actus reus; if consent is present, the required elements of the offence cannot be established and conviction cannot be achieved • The application of defence of consent has some peculiarities, depending on the context • Consent and contact sports: participants are presumed to have given implied consent to bodily contact during play; thus, accidental contact (including leading to injury) that occurs during fair play does not constitute assault; however, intentional injury during a game that falls outside fair play cannot be shielded by the defence of consent • Consent and infliction of death or serious bodily harm: consent cannot be used as a defence against an accused who inflicted death or intended to inflict serious bodily harm on another person (even if the victim gave his consent to such actions) • Consent and vulnerable individuals: where consent is obtained as a result of application of force, threat of force, fraud or exercise of authority, it is considered invalid and cannot be a defence • Consent and sexual assault: there is no valid consent to sexual activity where the consent is given by a person other than the complainant, the complainant is incapable of consenting, consent was obtained as a result of abuse of position of trust or authority, or the complainant expressed lack of agreement to the activity difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Consent” 2. Briefly describe the history of Canada’s approach to the defence of intoxication: what were the rules prior to the Daviault case, how has the Daviault case changed them and what are the current rules of the defence of intoxication? In your opinion, should intoxication ever be available as a defence? Why/why not?

Answer tips: • Rules prior to Daviault: defence of intoxication is available in relation to specific intent offences only • Daviault case: involved a general intent offence (sexual assault); Daviault was extremely drunk and had no recollection of what happened; under the then existing rules, he would have been convicted despite the reasonable doubt that he acted voluntarily and possessed the necessary mens rea; the Supreme Court found

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•

•

that intoxication can be a defence to a general intent offence, but only when it is so extreme that it leads to a state akin to automatism or insanity Rules post-Daviault: the Supreme Court decision was much criticized (e.g., on the basis that it ignored issues of violence against women) and Parliament responded to those concerns by passing amendments to the Criminal Code; these amendments state that self-induced intoxication, no matter how extreme, cannot be a defence in cases where violence or interference with bodily integrity is involved As a result of the above developments, current rules of intoxication are a combination of common law and statutory rules, namely: (a) in relation to specific intent offences, pre-Daviault rules still apply; (b) in relation to general intent offences that involve violence or interference with bodily integrity, intoxication cannot be a defence; (c) in relation to general intent offences that do not involve violence or interference with bodily integrity, intoxication may be a defence but only where it is so extreme as to lead to a state akin to insanity or automatism

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Intoxication”

ESSAY QUESTION Ken boards a train to Ottawa. Once inside his carriage, he suddenly runs up to and attacks a passenger with red hair. The passenger was peacefully sitting in his chair and had not provoked Ken in any way. Before Ken is restrained, he manages to kick and stab the victim several times.

Ken is charged with assault. He claims that he has done nothing wrong; that he was merely performing an order from God. Ken says that when he boarded the train, he could feel that the forces of evil were after him. The red haired passenger was one of the dark angels and Ken had to fight him.

Could Ken raise any defence(s)? Explain your answer. Describe the requirements of a relevant defence(s) and the outcome if it is successful.

Answer tips: • Ken could raise the defence of NCR • The requirements for NCR defence are as follows: (a) an accused has a mental disorder; (b) the mental disorder made her incapable of appreciating the nature and quality of her actions or of knowing that her actions were wrong • On the facts, it is likely that Ken does have a mental disorder and that the disorder made him incapable of knowing that his actions were wrong (he thought that he was justified in fighting the ‘dark angel’ on the train) • If the defence is established, Ken will be found NCR and one of the following dispositions can be made: (a) absolute discharge; (b) conditional discharge; or (c) confinement to a treatment facility .

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difficulty rating: 3 (difficult)

Introduction to the Canadian Legal System

skills classification: application

relevant heading in the text: “Not Criminally Responsible (NCR)”

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CHAPTER 9 CONTRACT LAW

MULTIPLE CHOICE QUESTIONS 1. Discharge of a contract means: a. That a party that has breached the contract must pay damages to the innocent party b. That obligations under the contract are over and that the contract is no longer operative c. That one party to a contract failed to fulfill its obligations under the contract d. That one party transferred its obligations under a contract to a third party correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Discharge of a Contract” 2. In contract law, the term ‘consideration’ means: a. Something of value that forms the subject matter of a contract b. That each party carefully considered the terms of the contract and made an informed decision to enter into it c. That the two parties reached an agreement on the terms of the contract d. That a party that breached a contract must compensate the losses of the innocent party correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Consideration”

3. A gratuitous promise means: a. A promise to do something in the future b. A promise to abstain from violating a contract c. A promise to do something for free, without obtaining anything in return from the other party d. A promise to make a donation to a charitable cause correct answer: c

difficulty rating: 2 (average)

relevant heading in the text: “Consideration” 4. In contract law, a ‘condition’ of a contract refers to: a. An essential term of a contract b. A less important term of a contract .

skills classification: comprehension

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c. A specific request that one party makes to the other before it accepts the terms of a contract d. An offer that one party makes to the other party correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Terms of a Contract”

5. A contract can be considered illegal when: a. It is concluded by a person under 18 b. It is concluded by an intoxicated person c. Required legal formalities are not fulfilled d. It is made to commit an act prohibited by a statute correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “A Contract Must Not be Illegal”

6. Which of the following groups may be considered not to have full capacity to enter into contracts: a. Persons over 75 b. Chronic alcoholics c. Minors d. Persons who habitually use drugs correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Capacity to Enter into Contracts”

7. Which of the following rules applies to contracts involving minors: a. Minors cannot enter into valid contracts b. All contracts concluded by minors are voidable on the option of minors c. Contracts for necessaries of life concluded by minors are binding and enforceable d. Contracts for non-necessaries of life concluded by minors may never be set aside correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Minors”

8. Privity of contract means: a. Terms of a contract must be kept confidential and not disclosed to third parties b. Only parties to a contract have rights and obligations under it

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c. A contract can be concluded only between private actors; a government entity can never be a party to a contract d. A contract may create rights and obligations for third parties correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Privity of Contract”

9. A common mistake means: a. A mistake that is often made by the members of the public b. A mistake that was made one party to a contract due to a common misunderstanding of the law c. An exactly the same mistake made by both parties to a contract d. A misleading statement made by one party to the other in order to induce the latter into a contract correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mistakes”

10. A mutual mistake means: a. A mistake that is often made by the members of the public b. A mistake that was made by one party to a contract due to a misunderstanding of the law c. An exactly the same mistake made by both parties to a contract d. A misleading statement made by one party to the other in order to induce the latter into a contract correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mistakes”

11. Which of the following is correct with respect to misrepresentation: a. Misrepresentation always leads to invalidity of a contract b. Failure to disclose certain important information can never be considered misrepresentation c. If an innocent party was aware of misrepresentation and decided to go ahead with the contract anyway, she can later change her mind and void the contract on the basis of misrepresentation d. An expression of opinion can constitute misrepresentation (e.g., Sally tells prospective buyers that she thinks that the gown was made by Versace; it reality, this is not true and Sally is committing misrepresentation)

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correct answer: b

Introduction to the Canadian Legal System

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Misrepresentation”

12. Unconscionability describes: a. A situation of significant power imbalance between parties to a contract that leads to an unfair bargain being made b. A situation where a contract is made to achieve an unconscionable and illegal objective (e.g., murder for hire) c. A situation where one party was pressured by the other party (e.g., by threats of violence) to enter into a contract d. A situation where one party induced the other into a contract by making false and misleading statements correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Unconscionability” 13. Discharge of a contract by frustration means: a. End of a contract when one party is frustrated about non-performance of the contract by the other party b. End of a contract by mutual agreement of the parties c. End of a contract when performance of obligations under it becomes impossible d. End of a contract when changes to the law require termination of a contract in question correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Discharge of a Contract”

14. Accord and satisfaction means: a. That both parties agree on the terms of a contract b. That a party that breached a contract pays financial compensation to the innocent party c. That parties end a contract by mutual agreement before the contact is fully executed d. That the party that is unable or unwilling to perform its contract obligations offers the other party to terminate a contract for some compensation correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “By Agreement” 15. Which of the following is NOT a remedy under contract law: .

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a. b. c. d.

Damages Injunction Specific performance Probation

correct answer: d

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Remedies”

16. The purpose of damages is: a. To restore both parties to their original pre-contract positions b. To prevent an offending party from breaking a contract c. To correct a mistake made by the parties d. To restore an innocent party to the position it would have been in had the contract been performed correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Damages”

17. The duty to mitigate damages means that: a. An innocent party that suffered from the breach of contract has the duty to take all reasonable steps to reduce the loss resulting from that breach b. A party that breached the contract has the duty to take all reasonable steps to reduce the loss resulting from contract breach c. A party that breached the contract has the duty to compensation the innocent party for the loss d. Parties to a contract may terminate a contract by mutual agreement to avoid the damages that may result from contract breach correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Damages”

18. An injunction is: a. A court order that obligates a party to do what she promised to do under a contract b. A court order correcting a mistake in a contract c. A court order restoring parties to their original pre-contract positions d. A court order requiring a party to either do or abstain from doing something correct answer: d

difficulty rating: 2 (average)

relevant heading in the text: “Injunction”

.

skills classification: comprehension

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19. Rescission is: a. A remedy that obligates a party to do what she promised to do under a contract b. A remedy that allows a court to correct a mistake in a contract c. A remedy that sets a contract aside and restores parties to their original pre-contract positions d. A court order requiring a party to either do or abstain from doing something correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Rescission”

20. Rectification is: a. A remedy that obligates a party to do what she promised to do under a contract b. A remedy that allows a court to amend the terms of a contract in order to reflect the original intention of the parties c. A remedy that sets a contract aside and restores parties to their original pre-contract positions d. A court order requiring a party to either do or abstain from doing something correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Rectification”

21. Which of the following most accurately characterizes classical contract law? a. Classical contract law emphasized independence, efficiency and self-reliance; the state should not interfere in contract-making and should not police whether bargains are fair; individual parties are best judges of what would be fair and in their interest b. Classical contract law was very protective of weaker parties and sought to ensure that all contracts are fair c. Classical contract law emphasized independence, efficiency and self-reliance, but provided special protections to weaker parties in such areas as employment and collective bargaining d. Classical contract law did not have any specific rules and only stated that everyone is free to contact with anyone he wishes correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Classical Contract Law: Autonomy, Efficiency, and a Minimalist State”

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22. What are some of the contemporary means by which contract law allows for protection of weaker parties? a. There are no special protections for weaker parties in contract law b. The doctrine of unconscionability; employment and labour relations legislation; federal and provincial human rights codes c. Freedom of contract d. Contemporary contract law views individuals as informed rational actors and allows them to make their own decisions as to whether to enter into a contract or not correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Contemporary Contact Law: Balancing Individual Autonomy and Protection of Weaker Parties” 23. What are the main parts in the contract formation process? a. Offer and counter-offer b. Offer and acceptance c. Acceptance and agreement d. Counter-offer and waiver correct answer: b

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Formation of a Contract” 24. An executory contract is: a. A contract that is performed immediately upon reaching an agreement b. A contract that is concluded by a minor c. A contract, performance of which takes place in the future d. A contract that must be witnessed, sealed and signed correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Formation of a Contract” 25. Contracts for necessaries of life concluded by minors: a. Are binding on minors and are enforceable b. Are not binding on minors and cannot be enforced c. Can be repudiated by a minor at any time d. Are void from the start correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Contacts for Necessaries of Life” .

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26. To establish that a contract is unconscionable the following conditions must be met: a. Existence of threats from one party to a contract to the other b. Existence of false statements made by one party to the other and an unfair bargain c. Inequality in the position of the parties of a contract and an unfair bargain d. A mistake made by both parties to a contract correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Unconscionability”

27. Under contract law, damages may of the following types: a. Punitive and compensatory b. Liquidated, consequential and punitive c. Mitigated and punitive d. Damages to compensate for the loss of expected profits and to punish the offending party for breach of contract correct answer: b

difficulty rating: 2 (average)

skills classification: factual

relevant heading in the text: “Damages” 28. Anticipatory breach of contract means: a. One party informs the other that it will perform contract obligations prior to the due date b. One party informs the other prior to the due date that it will not be performing her contract obligations c. One party anticipates that the other would breach a contract and takes measures to prevent this from happening d. Both parties agree prior to the due date not to perform their contact obligations correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “By Breach”

29. When would a third party be able to assert rights under a contract? a. In cases where one party assigned its rights under a contract to a third party b. This can never happen because a contract creates rights and duties only to parties to that contact, but not to third parties c. In cases where a party to a contract is a minor (the minor’s parents can assert rights under that contract as well) d. In cases where a husband concluded a contract, his wife can automatically assert rights under that contract (even though she is not a party to it); the same applies when a wife enters into a contract

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difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Privity of Contract”

30. Which of the following is correct? a. In order to be valid, a contract must always be in writing b. Contracts with minors are always voidable c. A contract induced by fraudulent misrepresentation is not voidable d. A contract can be illegal for reasons of public policy correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Main Principles of Contract Law,” “Capacity to Enter into Contracts” and “Misrepresentation”

TRUE/FALSE QUESTIONS 1. A warranty is a term of contract, which is considered less significant and violation of which usually does not lead to termination of a contract. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Terms of a Contract”

2. Contracts may be formed verbally or in writing. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Legal Formalities”

3. In order to be valid, a contract must be concluded by persons who are over 18 years of age. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Main Principles of Contract Law” and “Minors”

4. In some circumstances, failure to disclose information may amount to misrepresentation. correct answer: true

difficulty rating: 2 (average)

relevant heading in the text: “Misrepresentation”

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skills classification: comprehension

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5. If an individual was highly intoxicated at the time of making a contract, he is still bound by that contract and cannot void it under any circumstances. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Intoxicated Individuals”

SHORT ANSWER QUESTIONS 1. Describe the meaning and purpose of the following two remedies: rectification and specific performance.

Answer tips: • Rectification allows a court to amend the terms of a contract in order to correct a mistake made by the parties; the purpose of this remedy is to address situations where both parties made a mistake in a contract that distorts their original intention (e.g., both intended for a contract payment of $10,000 but a contract mistakenly specified $100,000) • The remedy of specific performance requires a party to do what she promised to do under a contract; it is usually used in cases where a contract involves a certain unique object or services and where damages would not be an appropriate remedy for breach of contract; most frequently, specific performance is sought in cases involving sale of land as each track of land is considered unique difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Remedies” 2. Name and briefly explain the main requirements that have to be met in order for a contract to be valid.

Answer tips: • The main requirements are: agreement between the parties; intention to create legally binding relations; capacity to enter into contracts; voluntariness; presence of consideration; observation of legal formalities; contract not being illegal • Agreement: may be manifested in writing, verbally or by actions of the parties • Capacity to enter into contracts: some individuals (minors, highly intoxicated individuals and persons with mental disorders and disabilities) are considered to have limited capacity to enter into contracts and special rules apply in cases

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• • • •

involving such individuals (such as, for example, the ability of such persons to subsequently void a contract) Consideration: this concept refers to something of value that is exchanged by the parties; consideration must be a present or future act Voluntariness: parties must not be coerced or induced into contracts Observation of legal formalities: some contracts must always be in writing and some also witnessed and sealed Contract not being illegal: a contract made to commit an act prohibited by statute or a contract that is performed in an illegal manner will not be valid

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Main Principles of Contract Law” and “Capacity to Enter into Contracts”

ESSAY QUESTION Donna was seeking to renovate her house. She hired Alejandro to do the work. The two agreed on all specifications for the renovation, on deadlines and on the price. Under this contract, Alejandro was to finish renovations within 2 months. However, 2 months have passed the renovation was not finished. In fact, the work done significantly deviated from the agreed upon specifications and some of it was deficient. Alejandro said that he could finish everything within a week if Donna paid him an additional $1,000 (this is in addition to what has been agreed upon in the original contract). Answer the following questions: Is Alejandro in breach of contract? If yes, what remedies are available to Donna? Is Donna under an obligation to pay an additional $1,000 to Alejandro in order to finish the renovations?

Answer tips: • Alejandro can be considered in breach of contract: since much of the work significantly deviated from the specifications and was deficient this can be considered breach of a condition (an essential term of contract) which may lead to termination of a contract • Donna may choose to sue Alejandro for damages • Donna is under no obligation to pay Alejandro an additional $1,000 to finish the job as he was already under a contractual obligation to do it for the original price agreed upon difficulty rating: 3 (difficult)

skills classification: application

relevant heading in the text: “Main Principles of Contract Law,” “By Breach,” “Damages”

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CHAPTER 10 TORT LAW

MULTIPLE CHOICE QUESTIONS 1. A and B had an argument. A turned his back on B and started walking away. B threw a stone at A striking him in the back. B committed a tort of: a. Battery b. Assault c. Both battery and assault d. Nuisance correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Battery” and “Assault”

2. Tort law deals with compensation of individuals for harm done to them by others in: a. Provincial human rights complaints process b. Contractual relations c. Non-contractual relations d. Relations between provincial and federal governments correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Introduction” 3. The concept of negligence reflects the following idea: a. It describes situations where an individual acted with intent to commit a wrongdoing and to harm another individual b. It describes situations where an individual acted without the intent to harm anyone, but failed to exercise reasonable care and harmed others as a result c. It described situations where an individual took all reasonable care and precautions, but an accident nevertheless occurred harming others d. It describes situations where an individual uses his land in such a way that it harms individuals on neighbouring lands correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Negligence” 4. Which of the following is true of the duty of care: a. There is a specific list of recognized duties of care and that list is prescribed by a statute .

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b. Various types of recognized duties of care can be found in case law; this list is not closed and is open to expansion; new ones can be recognized by courts in the future c. Various types of recognized duties of care can be found in case law; these recognized duties of care make up an exhaustive list and no new duties of care can be recognized in the future d. A list of recognized duties of care is announced annually by parliament correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “How Do We Know When a Duty of Care Exists?”

5. The standard of a ‘reasonable person’ reflects: a. An understanding of how a person in question should have behaved in a given situation, had he acted reasonably b. An understanding of an objective general standard of behaviour for a given activity c. An understanding of how a person with specialized knowledge and training would have behaved in a given situation d. An understanding of how manufacturers should act in order to ensure that their products are safe for consumption correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Breach of the Duty of Care and the Standard of a “Reasonable Person” 6. In tort law, causation is established using the following test: a. Had the harm occurred but for the negligence of the defendant? b. Is there a direct link between the defendant’s conduct and the plaintiff’s loss? c. Has the defendant behaved reasonably? d. Was the consequence of the defendant’s actions foreseeable? correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Causation and Proximity” 7. Strict liability describes situations when: a. A person is held liable in tort even in the absence of intent to commit a wrongdoing or negligence on her part b. A person is held liable in tort for committing a wrongful act that harmed others c. A person acted without the intent to harm anyone, but failed to exercise reasonable care and harmed others as a result d. A person is severely punished for committing a tort correct answer: a

difficulty rating: 2 (average) .

skills classification: comprehension

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relevant heading in the text: “Strict Liability”

8. Which of the following can be considered a nuisance: a. Punching someone b. Intentionally confining someone without any legal authority to hold the person c. Constantly playing loud music on one’s lawn or making other loud noise at all times of the day and night that interferes with the neighbours’ enjoyment of their properties d. Failing to stop at a red light and as a result striking another car and inflicting injuries on the people in it correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Nuisance” 9. Which of the following is correct with respect to Crown liability in tort: a. The Crown cannot be sued in tort b. The Crown should be immune from most tort lawsuits c. The Crown can be sued only for intentional torts but not for negligent actions d. Policy decisions of the Crown do not attract liability, but operational decisions may attract liability and it is possible to sue the Crown in tort in relation to those decisions correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Crown Liability” 10. The notion of contributory fault or negligence reflects the following idea: a. If several people were involved in committing a wrongdoing, all of them should be responsible for it b. If the plaintiff voluntarily assumed the risk involved in a given activity, he cannot sue for damages in case of injury c. A plaintiff should assume a share of responsibility if he contributed to his own loss (e.g., the plaintiff himself was negligent) d. If an individual entered certain premises without an authorization and got injured on those premises, he cannot sue the owner of the premises in tort correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Contributory Fault or Negligence”

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11. Which of the following is NOT a remedy under tort law: a. Compensatory damages b. Punitive damages c. Injunction d. Rescission correct answer: d

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Remedies”

12. The notion occupier’s liability reflects the following idea: a. Persons in control of given premises owe a duty of care to all entrants to ensure that the premises are reasonably safe b. Persons in control of given premises owe a duty of care to lawful entrants (nontrespassers) to ensure that the premises are reasonably safe c. Persons in control of given premises do not owe a duty of care to anyone to ensure that the premises are reasonably safe d. Shopping malls owe a duty of care to all shoppers to ensure that the premises are reasonably safe correct answer: d

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Occupier’s Liability”

13. Which of the following is not a defence to intentional torts: a. Intoxication b. Self-defence c. Defence of others d. Necessity correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Defences to International Torts” 14. Courts use the following method to determine the amount of loss of future income: a. They look at what the plaintiff was earning at the time when she was injured and presume that those earnings will remain the same in the future b. They look at what the plaintiff was earning at the time when she was injured and consider if those earning would be likely to remain the same, increase or decrease in the future c. They look at average income across the country at the time when the plaintiff was injured and use this amount to calculate future loss of income for the plaintiff .

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d. They award an amount that the plaintiff requested without consulting any statistics or information on the plaintiff’s income correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “How do Courts Calculate the Amount of Damages to be Awarded?”

15. Which of the following concerns was raised by critical scholars in relation to tort law? a. Tort law provides for unjustifiably high amounts of damage awards to victims b. Tort law does not allow the Crown to be sued for damages c. Tort law tended to undervalue harms to women and racial minorities and provided for lower amounts of awards to them than to other groups of plaintiffs d. Tort law does not provide sufficient compensation for victims of car accidents correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Critical Perspectives”

16. Compensatory damages can be divided into the following categories: a. Special and general b. Special, general and punitive c. Special, general and aggravated d. Damages for physical injury and damages for emotional distress correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Damages”

17. Liability for damages is apportioned to joint tortfeasors in the following way: a. 50/50 b. If there are more than two tortfeasors, then liability for damages is divided equally between all of them c. Each tortfeasor’s liability is proportionate to the extent of their fault (e.g., if one tortfeasor is 60% at fault and the other is 40% at fault, the damages will be apportioned accordingly) d. Each tortfeasor pays full amount of damages to the victim correct answer: c

difficulty rating: 2 (average)

relevant heading in the text: “Joint Tortfeasors”

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skills classification: comprehension

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18. General damages are: a. Damages that seek to compensate victims for pain and suffering only b. Damages that seek to compensate victims for actual monetary losses and expenses c. Damages that seek to punish tortfeasors for reprehensible conduct d. Damages that seek to compensation victims for anticipated future losses correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Damages”

19. Which of the following most accurately describes the corrective justice approach to analysis of tort law: a. This approach focuses on the differential application and impact of tort law rules on various groups, depending on the race, gender and class of plaintiffs b. This approach views tort law as a mechanism to correct the injustice between the plaintiff and the defendant c. This approach views tort law as a mechanism to correct the injustice between the defendant and the society d. This approach seeks to correct inefficiencies in tort law rules correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Critical Perspectives”

20. Wrongful interference with chattels means: a. Unauthorized touching, interference in ownership or possession or unlawful retention of one’s movable property b. Trespassing onto someone’s land c. Holding someone in confinements against their will and without any good reason d. Behaving negligently correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Wrongful Interference with Chattels”

21. If a patient is subject to medical treatment without their consent: a. This may constitute assault b. This may constitute battery c. This may constitute interference with chattels d. This may constitute negligence correct answer: b

difficulty rating: 2 (average)

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skills classification: comprehension

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relevant heading in the text: “Battery” and Box 10.1

22. The case of Donohue v Stevenson is important because: a. It made it possible for individuals to sue the Crown in tort b. It established that medical professionals can be sued for negligence c. It articulated the definition of the duty of care d. It established the elements for the tort of nuisance correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Duty of Care”

23. A court may decide not to recognize a new duty of care for the following reason: a. If there are important policy considerations militate against recognizing a new duty of care b. If no similar duty of care has been recognized by courts before c. If the circumstances of the case are not clear d. If a defendant acted in self-defence correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “How Do We Know When a Duty of Care Exists?”

24. Defamation can take the following forms: a. Written word and libel b. Libel and slander c. Spoken word and slander d. Wrongful interference with chattels and slander correct answer: b

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Defamation”

25. In order to succeed in action for negligence, a plaintiff must establish: a. A duty of care exists and that the defendant breached this duty b. A duty of care exists; this duty has been breached and damage was caused by the breach c. The defendant committed a wrongful act and that act caused damages to the plaintiff d. The defendant fell below the standard of care of a reasonable person correct answer: b

difficulty rating: 2 (average)

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skills classification: comprehension

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relevant heading in the text: “Negligence”

26. What remedies other than damages may be available under tort law: a. Injunction b. Probation c. Rectification d. Rescission correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Other Remedies”

27. According to critical scholarship, women and racial minorities usually received lower amounts of future loss of income awards because: a. Their wage losses are always smaller than those of white men b. Courts tended to use gendered and race-specific actuarial tables, which reflected lower wages for women vs men and for racial minorities vs non-minority groups c. Tort law established a limit on the amount that women and racial minorities could claim in court d. Women and racial minorities were presumed not to actively participate in the labour force correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Reliance on Gendered and Race-Specific Income Tables”

28. Which of the following is NOT a special category of liability: a. Nuisance b. Battery c. Strict liability d. Crown liability correct answer: b

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Special Categories of Liability”

29. Proximity describes the following idea: a. Whether the consequences of a person’s wrongful conduct were usual and foreseeable (rather than freakish and unexpected) b. Whether the wrongdoer was physically close to the plaintiff when the plaintiff’s injury occurred c. Whether the injury would have occurred but for the actions of the defendant .

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d. Whether the injury in question was caused by the defendant correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Causation and Proximity”

30. Which of the following is correct? a. In cases of strict liability, a defendant can be held liable even if he were not at fault b. The Crown can be sued in tort just like any other entity or individual c. Nuisance is a tort that describes situations when a person entered someone else’s land without an authorization d. Occupiers have a duty to lawful entrants only that the premises are reasonably safe correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Special Categories of Liability”

TRUE/FALSE QUESTIONS 1. Tort law performs only two functions: compensation of injuries to victims and punishment of wrongdoers. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Functions of Tort Law” 2. A tortfeasor is a person who has been injured by the wrongdoing in question. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Intentional Torts”

3. The duty of care conveys an idea that individuals and corporations must keep in mind others who may be affected by their actions and avoid actions that can be reasonably foreseen to cause harm to others. correct answer: true

difficulty rating: 2 (average) .

skills classification: comprehension

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relevant heading in the text: “Duty of Care”

4. Tort law allows for no defences. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant headings in the text: “Defences to Intentional Torts” and “Defences to Torts of Negligence”

5. The Crown can never be held liable in tort. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Crown Liability”

SHORT ANSWER QUESTIONS 1. Describe the difference between the tort of battery and the tort of assault.

Answer tips: • Battery refers to situations where the defendant intentionally made harmful or offensive contact with the plaintiff; this contact does not have to cause harm to the plaintiff but must be unwanted or offensive • Assault is intentional creation of an apprehension of immediate harmful or offensive contact • The main difference between the two is that in the tort of battery the contact occurs and in assault it does not difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Battery” and “Assault”

2. Describe the notion of the duty of care in your own words and explain how new duties of care may be established.

Answer tips: • The duty of care reflects the idea that a person or a corporation must keep in mind others who may be affected by their actions and must avoid actions that can be reasonably foreseen to harm others • In order to determine which duties of care have been recognized to date, it is necessary to look at case law .

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• •

The list of recognized duties of care is not closed and may be expanded by courts in the future Where a new duty of care is proposed, courts use to following test to determine if that duty should be recognized: (a) whether there is a reasonably foreseeable harm and proximity sufficient to establish a prime facie duty of care; (b) if yes, whether there are policy considerations that militate against the recognition of a new duty of care

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Duty of Care”

ESSAY QUESTION Anthony was intoxicated, but nevertheless decided to drive. He was not paying close attention to the road and, at an intersection, collided with another car. Anthony did not suffer any injuries, but the driver of the other car (John) suffered broken ribs and a broken foot. It appeared that, like Anthony, John was intoxicated and was not paying much attention to the traffic lights. Due to injuries, John had to take a month off work and incurred medical expenses. For the next year, he will need regular physiotherapy for his foot. Answer the following questions: can Anthony be held liable for John’s injuries? If yes, what types of damages could John seek to recover?

Answer tips: • In order to succeed in his lawsuit, John must show that: (a) there is a duty of care in this situation; (b) Anthony breached this duty; (c) John suffered harm as a result • In this case, all 3 above elements can be established: (a) it is recognized that drivers owe a duty of care to other drivers; (b) Anthony was intoxicated and not paying attention - he breached the duty of care; (c) John did suffer various injuries • It is important to note that the notion of contributory negligence plays a role here: while Anthony can still be held liable, John contributed to the situation by himself being negligent; the amount of award will reflect an apportioned liability between Anthony and John; John cannot recover 100% of losses from Anthony because John was partially negligent himself • John can claim compensatory damages: special damages for actual monetary losses and expenses (e.g., medical care prior to the judgement on the case and one month of lost wages) and general damages (anticipated expenses such as future physiotherapy sessions) difficulty rating: 3 (difficult)

skills classification: application

relevant heading in the text: “Duty of Care” and “Damages”

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CHAPTER 11 FAMILY LAW

MULTIPLE CHOICE QUESTIONS 1. A and B have been married for 10 years. A was the main wage earner. B worked full-time for the first 5 years. For the next 5 years of marriage, B was a stay-at-home mom who periodically did some part-time work. During marriage A and B have acquired various property, including cars and valuable works of art. A and B are getting divorced. How will their property be divided? a. A will get two thirds of the property because he earned more income during the marriage b. B will get a larger share of property because she sacrificed her career for the sake of family and because she will need extra support in order to upgrade her skills before she is be able to get back into the labour force full-time c. A will keep the property that he has acquired during marriage; B will keep the property that she has acquired during marriage d. Property acquired by A and B during their marriage will be divided 50/50 correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Division of Property”

2. A marriage contract is: a. An agreement between spouses that determines the way issues of support and division of property will be resolved if the relationship terminates b. An agreement between unmarried (common law) partners that determines the way issues of support and division of property will be resolved if the relationship terminates c. An agreement that officially terminates a marriage and determines the issues of cohabitation if the spouses continue living in the same house d. An agreement that resolves child custody issues after the termination of a marriage and that determines the cohabitation arrangement between the child and the parents correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship of Family and Contract Law”

3. Which of the following most accurately and fully describes the requirements for a valid marriage?

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a. Performed in a religious ceremony; parties are of the age of the majority; none of the parties is currently married; the parties have the mental capacity to marry and give free consent to marry b. Performed in a religious or a civil ceremony; parties are of the age of the majority; none of the parties is currently married; the parties have the mental capacity to marry and give free consent to marry c. Parties are of the age of the majority; none of the parties is currently married; the parties have the mental capacity to marry and give free consent to marry; no ceremony is required as long as the two parties sign a marriage contract d. Parties are of the age of the majority; none of the parties is currently married; parties have signed a marriage contract correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Marriage” 4. Which level of government has jurisdiction over family law? a. Federal government only b. Provincial government only c. Municipal government only d. Both federal and provincial governments have jurisdiction over distinct aspects of family law correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Jurisdiction over Family Law”

5. Which of the following is NOT a requirement for cohabitation? a. A couple actually living together b. Consummation of sexual intercourse c. A ceremony formalizing the start of cohabitation d. Public and continued recognition of the relationship correct answer: c

difficulty rating: 1 (easy)

skill classification: comprehension

relevant heading in the text: “Cohabitation”

6. Which of the following is a ground for divorce in Canada? a. Failure to fulfill one of the requirements for legal validity of marriage b. Failure to consummate the marriage c. Marriage breakdown d. The couple living physically apart for at least 3 years correct answer: c

difficulty rating: 2 (average) skill classification: comprehension .

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relevant heading in the text: “Divorce”

7. How can a divorce be obtained? a. By signing a separation agreement b. By petitioning to court and getting a court decision on divorce c. By starting to live physically apart d. By conducting a public divorce ceremony correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Divorce”

8. An annulment is: a. A way to terminate a legally valid marriage b. A way to terminate a legally valid cohabitation c. A way to declare a marriage legally void d. A way to determine how a couple’s property will be divided in case of separation correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Annulment”

9. A marriage can be void ab initio if: a. Parties have not consummated their marriage shortly after the ceremony b. Parties have not fulfilled one of the requirements for legal validity of marriage c. Parties do not love each other any more d. Parties did not live together prior to marriage correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Annulment”

10. A separation agreement is: a. An agreement concluded upon relationship breakdown, which resolves issues such as division of property, spousal and child support and child custody b. An agreement concluded upon relationship breakdown, in which a couple agree to resolve issues of division of property and child/spousal support by means of arbitration rather than by going to court c. An agreement concluded prior to marriage which resolves issues such as division of property, spousal and child support and child custody d. A court order that determines which parent gets custody of the child .

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Introduction to the Canadian Legal System

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Interrelationship of Family and Contract Law”

11. The objectives of spousal support are (choose an answer with the most comprehensive and accurate list of objectives): a. To compensate the stay-at-home spouse for foregone career opportunities b. In a relationship that broke down due to adultery, to punish the adulterous spouse and to compensate the innocent spouse for the suffering c. To relieve economic hardship resulting from relationship breakdown; to recognize economic advantages and disadvantages arising from a relationship; to promote selfsufficiency of each ex-spouse d. To relieve economic hardship resulting from relationship breakdown; to help poorer spouse get back on his feet and to eventually become self-sufficient correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Spousal Support”

12. If an application for support is initiated together with divorce proceedings: a. Support issues will be decided by a court in accordance with the federal Divorce Act b. Support issues will be decided by a court in accordance with provincial statutes c. Support issues will not be dealt with and parties will be asked to make a separate application in regard to support payments d. Support issues will be determined by a separation agreed between the parties correct answer: a

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Support Payments”

13. A support order can be varied when: a. 10 years have passed since the initial support order was made b. When a couple’s child turns 18 and no longer needs financial support of the parent c. When there is a significant, unforeseen and lasting change in the circumstances of either ex-vspouse d. When both ex-spouses retire and start receiving their pensions correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Spousal Support”

14. Custody means that: .

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a. A parent has the right to visit her child and to inquire about the well-being of the child b. Both parents must work together to determine what is in the best interests of their child c. A parent has the right and a responsibility to decide on all issues affecting the child’s well-being d. A parent can visit the child only in the presence of the other parent correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Child Custody” 15. Determination of custody issues is governed by the following key consideration: a. Wishes of the parents b. Wishes of the child c. Best interests of the child d. Terms and conditions of the separation agreement signed by the parents correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Child Custody”

16. The best interests of the child can be defined in the following way: a. They are determined on the basis of the child’s wishes alone b. They are determined based on the emotional attachment between a child and a parent and the parent’s ability to support the child financially c. They are determined on the basis of the parents’ agreement as to what they consider to be in the best interests of the child d. They are determined on the basis of several factors, including love and emotional attachment between a parent and a child; parenting plan; ability of each parent to provide guidance and financial support to the child; presence of a stable family environment and other factors correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Child Custody”

17. Division of property for unmarried couples is determine the following way: a. Property acquired during the relationship is divided 50/50 between the partners b. Each partner gets a portion of property proportionate to the amount of their financial contribution to the relationship c. Property is divided based on who holds the title to the property .

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d. Each couple must sign a cohabitation agreement, which determines how property will be divided in case of relationship breakdown correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Division of Property”

18. In Quebec v A, the Supreme Court held that: a. The existence of different regimes of property division and spousal support for married and unmarried couples in Quebec was discriminatory b. The existence of different regimes of property division and spousal support for married and unmarried couples in Quebec was not discriminatory c. Same-sex marriages should be allowed in Canada d. Property should be equally divided between the two partners in case of both married and unmarried relationships correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Division of Property”

19. In which of the following circumstances will a child be considered to be in need of protection under Ontario’s Child and Family Services Act? a. When a child under 18 is left in the house unsupervised for more than 1 hour b. When a child is not picked up from school by his parents c. When a child requires medical attention and the parent does not provide it d. When the parent does not spend enough time with the child correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Family Violence”

20. For a child in need of protection, a court can order one of the following options (choose an answer with the most accurate and comprehensive list): a. Temporary removal of a child from the family home; permanent removal of the child from the family home b. Supervision order; temporary wardship order; permanent wardship order c. Custody and access d. Criminal prosecution of parents and permanent removal a child of the family home correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Family Violence”

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21. In Hartshorne, the Supreme Court held that: a. The existence of different regimes of property division and spousal support for married and unmarried couples in Quebec was not discriminatory b. A marriage contract should not be set aside even if it was significantly unfair to Mrs Hartshorne; she understood the terms of the agreement and made a conscious decision to accept it c. Same-sex couples should have the same rights and responsibilities in marriage as opposite-sex couples d. Parents always have an obligation to financial support their children; child custody issues should be resolved using the best interests of the child approach correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Choice, Autonomy, and Power Imbalance in Family Law” and Box 11.1

22. Lesbian couples face challenges regarding recognition of parenthood because: a. The law prohibits them from adopting children b. The law does not recognize that a child may have two same-sex parents c. The law does not recognize that a lesbian non-biological mother can be a parent d. Legal parentage is traditionally determined by biology (link to biological parents); sperm donors may often be recognized as parents, while not all provinces yet recognized that lesbian non-biological mothers can be declared parents correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Law and Social Change” 23. A marriage can be dissolved by: a. Divorce only b. Annulment only c. A separation agreement d. Divorce or annulment correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Dissolution of Marriage”

24. Which of the following obligations is the same for married and unmarried couples? a. An obligation to financially support each other regardless of the length of the relationship

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b. An obligation to equally divide property between partners upon relationship breakdown c. An obligation to support the couple’s children d. An obligation to consult each other on all vital decisions of the couple’s life correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Rights and Obligations in Marriage and Cohabitation”

25. For a mutual obligation of support to arise for unmarried couples, the following requirement must usually be met: a. A couple cohabited for a certain minimum period of time (e.g., one year) b. A couple entered into a marriage contract c. A couple lived together for more than 5 years d. The obligation of mutual support arises on the day when the couple starts cohabiting correct answer: a

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Rights and Obligations in Marriage and Cohabitation”

26. Which of the following is true? a. Every couple must sign a marriage contract prior to marriage b. A marriage contract cannot deal with child custody issues c. A separation agreement cannot deal with child custody issues d. All issues upon relationship breakdown must be decided by courts and can never be resolved by agreement between the two partners correct answer: b

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Interrelationship of Family and Contract Law”

27. In Ontario, support orders are enforced by: a. Family Law Office b. Ontario Ombudsman c. Attorney General’s Office d. Family Responsibility Office correct answer: d

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Enforcement of Support Orders”

28. Permanent wardship means that:

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a. A child is removed from the family home; her parents’ parental rights are terminated; they are not allowed access to the child and the child is placed for adoption b. A child is temporarily removed from the family home and is put in a foster home c. A child is moved to live in a foster home permanently, but her parents may visit her from time to time d. Where one parent is abusive, a court order gives custody of the child to the nonabusive parent and prohibits the abusive parent from having any contact with the child correct answer: a

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Family Violence”

29. The concept of unity of personality in family law meant that: a. The husband and wife were considered a single entity and a wife’s rights were to be exercised by her husband b. The husband and wife were considered a single entity and could not ever get a divorce c. Children were not considered to have any rights of their own and parents had full authority to decide what was in the interests of their children d. Cohabiting couples were not recognized in law and children born to such couples were considered illegitimate correct answer: a

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Formation of Marriage and Cohabitation”

30. Which of the following is true in relation to spousal support? a. Spousal support orders are automatically terminated after 10 years since their original issuance b. The terms of spousal support orders and the amounts of spousal support cannot be changed under any circumstances c. Spousal support can be changed if there is a substantial, unforeseen and continuing change to the circumstances of either ex-spouse d. The amounts of support are the same for everybody as they are prescribed by the Spousal Support Advisory Guidelines correct answer: c

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Spousal Support”

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TRUE/FALSE QUESTIONS 1. In Canada, all family law issues are regulated by a federal law. correct answer: false difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “Jurisdiction over Family Law”

2. In order for cohabitation to be recognized in law, a couple must register it with the authorities. correct answer: false difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “Cohabitation”

3. The law prohibits marriage between half-brothers and half-sisters, including those by adoption. correct answer: true

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Marriage”

4. Both married and unmarried parents have an obligation to support their children. correct answer: true

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Rights and Obligations in Marriage and Cohabitation”

5. In some provinces, the division of property for unmarried couples may be covered by the same rules as for married couples. correct answer: true

difficulty rating: 2 (average) skill classification: comprehension

relevant heading in the text: “Division of Property”

SHORT ANSWER QUESTIONS 1. Briefly describe the rationales of spousal support as well as factors to be considered in determining amounts and duration of support.

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Answer tips: • Rationales for spousal support: compensator and noncompensatory • Factors to be considered: conditions, means, needs and other circumstances of each spouse • Conditions includes age, health, position in life • Means includes financial resources and income • Needs includes the spouse’s accustomed life style • None of the three factors is paramount and they have to be considered holistically, along with the rationales for the order of support difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “Spousal Support”

2. Briefly described the means available to enforce support payments in Ontario.

Answer tips: • Family Responsibility Office (FRO) enforces all support orders made by Ontario courts • If payments are not made, the FRO can take a number of measures, including garnishing bank accounts, suspending a payor’s licence and passport, issuing a writ for seizure and sale of the payor’s property, and commencing proceedings for imprisonment for nonpayment difficulty rating: 2 (average) skill classification: comprehension relevant heading in the text: “Enforcement of Support Payments”

ESSAY QUESTION Mary and Mikal were married for 3 years and they have 2 children aged 2 and 3. Mary was on maternity leave for the first two years of marriage, but in year three went back to work as a nurse. Mikal has been working as a contractor. The couple have a house, 2 cars and some savings. They are getting divorced. Answer the following questions: (a) how a divorce can be obtained; (b) what issues will need to be resolved upon divorce; (c) whether these issues can be resolved by Mary and Mikal alone or if they must be resolved by courts; (d) how these issues are likely to be resolved (namely, what are the applicable rules).

Answer tips: • A divorce can be obtained by petitioning to court • Ground for divorce: marriage breakdown; unless there was cruelty or adultery, Mary and Mikal will need to show that they lived separately for at least one year prior to application for divorce • Issues to be resolved: division of property, spousal and child support; child custody .

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• • • • •

The above issues can be resolved either by Mary and Mikal negotiating a separation agreement or by going to court Division of property: property acquired during marriage will be divided 50/50 between Mary and Mikal Child custody: will be determined by the best interest of the children; depending on the circumstances, the following arrangements are possible: joint custody, custody to one parent and access to the other, custody to one parent and supervised access to the other Spousal support: to be determined based on conditions, means and needs of each spouse Child support: will be determined with the assistance of Child Support Guidelines

difficulty rating: 3 (difficult) skill classification: application relevant headings in the text: “Divorce”, “Issues Upon Breakdown of Marriage or Cohabitation”

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CHAPTER 12 HUMAN RIGHTS IN CANADA

MULTIPLE CHOICE QUESTIONS 1. Sally applied for a full-time secretarial job at a large corporation. Sally meets the required qualifications for the job, but she has a disability. In order to enable Sally to perform her duties, the employer would have to re-arrange the secretarial workplace (move some cabinets, create more open space) and buy a new office chair which costs $200. The employer is not willing to make the re-arrangements. Can the employer claim that accommodating Sally would be so burdensome as to amount to undue hardship and refuse accommodation on that basis? a. yes, because employers should not be required to incur any extra costs in order to accommodate people with disabilities b. yes, because the equality provisions of the Charter do not apply to the private sector; hence, the employer is under no duty to accommodate Sally c. no, employers are under an obligation to accommodate people with disabilities as long as such accommodation does not cause undue hardship to the employer; since the cost is minimal in this case, it is not likely to amount to undue hardship d. no, because the Bill of Rights prohibits discrimination on the basis of disability correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Duty to Accommodate” 2. Which of the following is a characteristic of provincial Human Rights Codes? a. provincial Human Rights Codes protect the same rights and freedoms as the Charter of Rights and Freedoms b. provincial Human Rights Codes are part of the Constitution c. provincial Human Rights Codes protect individuals from infringements on their right to life in their interactions with the government d. provincial Human Rights Codes guarantee equality rights and protect people from discrimination on specified grounds correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Canadian Human Rights Act and Provincial Human Rights Codes” 3. Public international law: a. Regulates relations among international corporations b. Regulates relations among states c. Regulates relations between states and their citizens d. Establishes provincial bodies for protection of human rights .

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correct answer: b

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difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Human Rights” 4. A treaty is: a. An agreement between two individuals that creates binding obligations b. An agreement between states that creates binding obligations c. A decision of a treaty body on an individual complaint about human rights violations d. A decision of domestic court requiring employers to treat all individuals with respect and without discrimination correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Human Rights Treaties” 5. The core of international human rights law consists of: a. Nine major human rights treaties b. The UN Declaration of Human Rights and eight major human rights treaties c. The UN Declaration of Human Rights, the ICCPR and the Convention against Torture d. The UN Declaration of Human Rights and nine major human rights treaties correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Human Rights Treaties” 6. State obligations with respect to human rights have the following three dimensions: a. To respect, to protect and to fulfill human rights b. To respect, to implement and to observe human rights c. To prohibit discrimination and to provide various accommodations in order to remove barriers on access to employment, services and accommodation d. To report to treaty bodies on their compliance with human rights obligations and to abide by the recommendations of treaty bodies correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Human Rights Treaties” 7. A treaty body is: a. An international body created under one of the major nine human rights treaties that is tasked with monitoring states’ implementation and compliance with a given treaty

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b. An domestic body created under one of the major nine human rights treaties that is tasked with monitoring states’ implementation and compliance with a given treaty c. An international court that hears complaints on states’ violations of human rights d. A domestic tribunal that hears complaints of discrimination correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Treaty Bodies” 8. The Human Rights Committee is a treaty body created under the following human rights convention: a. Convention against Torture b. International Covenant on Civil and Political Rights c. International Covenant on Economic, Social and Cultural Rights d. UN Declaration of Human Rights correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Treaty Bodies” 9. The main functions of treaty bodies are: a. To interpret provisions of a given human rights treaty, to adjudicate individual complaints and to review periodic reports from states b. To investigate systemic human rights violations, to collect information on human rights violation all over the world, to review periodic reports from states c. To produce annual report on states’ compliance with a given human rights treaty, to conduct public education, to interpret treaty provisions d. To promote cooperation among states, to develop new human rights treaties, to help states better comply with their human rights obligations correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Treaty Bodies”

10. A concluding observation is: a. An assessment of a given state’s compliance with a human rights treaty issued by a provincial human rights commission b. An assessment of a given state’s compliance with a human rights treaty issued by an international treaty body in response to that state’s periodic report on compliance c. A decision of an international human rights court on an individual complaint d. A decision of a provincial human rights tribunal of an individual complaint .

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correct answer: b

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difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Treaty Bodies”

11. In Dadar v Canada: a. The Committee against Torture found that there were no reasons to believe that Dadar would be at risk of torture in Iran and that it would not be contrary to the Convention against Torture to return him there b. Canadian Supreme Court concluded that Dadar should not be removed back to Iran c. The Committee against Torture found that there were substantial reasons to believe that Dadar would be at risk of torture in Iran and that removing him to Iran would be in violation of the Convention against Torture d. The Committee against Torture found that Canada would be justified in removing Dadar to Iran because Dadar represented a risk to Canadian society correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “An Individual Complaint against Canada to the Committee against Torture” 12. Canada’s record of compliance with international human rights can be characterized as follows: a. Full compliance with all human rights obligations b. Very poor compliance with human rights obligations c. Full compliance only with the Convention against Torture and the ICCPR d. Mixed record: greater compliance than other states in some areas, but in others – need for further improvement of compliance correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “What is Canada’s International Human Rights Record?”

13. Constructive discrimination refers to: a. Policies that explicitly discriminate against specific groups and exclude them from employment, services of accommodation b. State propaganda that contributes to construction of stereotypes and prejudice against specific groups c. Policies that help bring together employees in order to have a constructive discussion about discrimination in the workplace d. Policies that appear neutral but in reality create disadvantage and stereotyping correct answer: d

difficulty rating: 2 (average)

.

skills classification: comprehension

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relevant heading in the text: “Type of Discriminatory Treatment and Prohibited Grounds of Discrimination”

14. Poisoned environment describes a situation when: a. An individual is made feel unwelcome due to insulting or degrading comments or actions made based on a prohibited ground (such comments or actions need not be directed at the individual specifically, but may be made generally in relation to a group to which the individual belongs) b. An individual is subject to insulting and degrading treatment due to his race, religion or gender c. An individual is not allowed career advancement in the workplace as she is considered inferior to other employees due to her race, religion, gender or disability d. A service provider or an employer refuses to provide accommodation to an individual and makes derogatory remarks when the individual attempts to assert his rights correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Type of Discriminatory Treatment and Prohibited Grounds of Discrimination”

15. Bona Fide Occupational Requirement is: a. A requirement to provide all necessary accommodations to persons with disabilities b. A requirement that is essential for proper and safe performance of a given job c. A requirement that an employer adopts an equal opportunity policy at the workplace d. A requirement that employees always observe workplace safety legislation correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Duty to Accommodate”

16. The objective of the duty to accommodate is: a. To help racial minorities access employment and services b. To help immigrants access employment despite lack of Canadian work experience c. To remove barriers on access to goods, services, accommodation and employment for various groups of individuals d. To remove barriers on access to goods, services, accommodation and employment for persons with disabilities

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correct answer: b

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difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Canadian Human Rights Act and Provincial Human Rights Codes”

17. The key powers of the Ontario Human Rights Commission include: a. Adjudicating complaints about discrimination b. Promoting public education and awareness of human rights issues, conducting research, developing policies on human rights c. Providing legal advice and assistance to individuals filing complaints of discrimination d. Taking cases of discrimination to the Supreme Court correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Ontario Human Rights Code and System”

18. Where a violation of a provincial human rights code is found, among the possible types of remedies are (choose the option with the most accurate and comprehensive list): a. Monetary compensation to the complainant and reinstatement on the job b. Monetary compensation and public interest remedies c. Monetary compensation, non-monetary remedies and public interest remedies d. An order to the infringing entity to amend its policies and procedures correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Ontario’s Human Rights Code and System”

19. A general comment issued by a treaty body is: a. A comment on general human rights situation in a given state b. An interpretation of a provision of a human rights treaty c. A treaty body’s response to a periodic report submitted by a member state d. A press release issued by a treaty body when it is asked to comment on a particular case or a human rights issue correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Treaty Bodies”

20. An individual complaint may be inadmissible before a treaty body on the following ground: a. If a complaint is made by a person who is not a citizen of the state party in question b. If a complainant does not have legal representation .

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c. If a complainant has not exhausted domestic remedies d. If the state party considers the complaint unfounded correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Treaty Bodies”

21. Which of the following treaties is not part of the nine major human rights treaties: a. The International Convention for the Protection of All Persons from Enforced Disappearance b. The Convention on the Rights of Persons with Disabilities c. The Convention Relating to the Status of Refugees d. The Convention on the Elimination of All Forms of Racial Discrimination correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Human Rights Treaties”

22. Human rights reflect the following idea: a. respect for individual rights and freedoms and a requirement for states to never interfere in exercise of those rights b. minimum standards needed for dignified life: in some aspects, this will require the state to abstain from interfering in individual rights, but in others, this may require the state to take some positive steps to ensure human flourishing c. there should be no difference between citizens and non-citizens of a given state; everyone should be given the same civil, economic, and political rights d. the state must treat everyone fairly and with respect correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Human Rights” 23. A multilateral treaty is a treaty that: a. Has only two states as parties to it b. Has several states parties c. Deals with a wide range of issues involving various subject matters d. Deals with human rights issues correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Human Rights Treaties” 24. The ICCPR focuses on the following types of rights:

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a. b. c. d.

Social, economic and cultural rights Civil and political rights Protection against torture Civil, political and socio-economic rights

correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The International Covenant on Civil and Political Rights” 25. The effect of a treaty body’s decision on an individual complaint is as follows: a. The decision is binding on the state in question b. The decision is binding on all states that have signed a human rights treaty in question c. The decision is not binding on the state in question and the state may choose not to follow the committees’ recommendations d. The decision is not binding on the state in question but it forces a state to conduct its own investigation into the complaint correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Treaty Bodies”

26. Canada is NOT a party to which of the following human rights treaties: a. The International Covenant on Civil and Political Rights b. The Convention against Torture c. The Convention on the Rights of Migrant Workers d. The Convention on Economic, Social and Cultural Rights correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Canada and the International Human Rights System” 27. Amnesty International criticized Canada’s recent human rights record on the following grounds: a. Canada is not part of the international human rights system b. Canada became less active in joining new human rights initiatives and its domestic human rights monitoring mechanisms have a number of weaknesses c. Canada no longer submits periodic reports to the Committee against Torture d. Canada has not ratified the Convention against Torture and the ICCPR correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “What is Canada’s International Human Rights Record?” .

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28. The Ontario Human Rights Code promotes equality and non-discrimination in the following social areas: a. Accommodation, employment and provision of services b. Criminal justice system, housing, employment, services, goods and membership in trade and vocational associations c. Housing, employment, goods, services, contracts, membership in trade and vocational associations d. Government contracts, education, housing and employment correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Ontario Human Rights Code and System”

29. In the Ontario human rights system, the purpose of the Human Rights Leal Support Centre is as follows: a. To screen applications and decide whether they should be forwarded to the Human Rights Tribunal for a hearing b. To provide assistance to individuals in filing applications as well as mediations and hearings before the Human Rights Tribunal c. To promote public education and awareness about the Ontario’s Human Rights Code d. To support the work of the Ontario Human Rights Commission by providing legal advice to the Commission on various matters correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Ontario’s Human Rights Code and System”

30. Which of the following is correct? a. International human rights treaties are automatically parts of Canada’s domestic law and take immediate effect upon signature of the treaty by Canada b. Canada is not a party to any human rights treaties because its domestic law already provides for all sorts of human rights protections c. Canada is a party to various human rights treaties, but it does not need to submit periodic reports to any treaty bodies d. Canada is a party to seven out of nine major human rights treaties and submits periodic reports to all seven treaty bodies correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Canada and the International Human Rights System” .

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TRUE/FALSE QUESTIONS 1. The human rights system in Ontario consists of the following bodies: Ontario Human Rights Commission, Human Rights Legal Support Centre and Ontario Human Rights Tribunal. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Ontario Human Rights Code and System”

2. Public interest remedies under the Ontario human rights system include measures that have broader impact and seek to prevent similar discrimination in the future. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Ontario Human Rights Code and System”

3. In Ontario, individuals who consider that their rights under the Human Rights Code were violated, must first file a complaint with Ontario Human Rights Commission and then it will be examined by the Human Rights Tribunal. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Ontario Human Rights Code and System”

4. The duty to accommodate is limited by bona fide occupational requirements. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Duty to Accommodate”

5. All treaty bodies under major nine human rights treaties have the power to adjudicate individual complaints. correct answer: false difficulty rating: 2 (average) relevant heading in the text: “International Treaty Bodies”

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skills classification: comprehension

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SHORT ANSWER QUESTIONS 1. Briefly describe the main stages in the adjudication of individual complaints before international treaty bodies and possible outcomes of such complaints.

Answer tips: • There are two stages in the process: (a) examining admissibility of a complaint; and (b) consideration of the merits of the compliant • A complaint is inadmissible (will not be heard before a treaty body) if: (a) it is made anonymously; (b) it is being examined or has been examined by another international body; (c) it is manifestly unfounded or abuse of process; or (d) domestic remedies have not been exhausted • If a complaint is admissible, then the committee will examine the substance of the complaint • There is no hearing and parties present their arguments in writing • A treaty body can determine that (a) no violation has or will occur or (b) a violation has occurred or is about to occur. If a violation is found, a treaty body can recommend various remedies (e.g., pay compensation, abstain from a particular action) difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Treaty Bodies” 2. Briefly describe the main features of provincial human rights codes (what entities they apply to, what types of actions they prohibit, how they promote non-discrimination) and explain why adoption of such codes was necessary.

Answer tips: • Provincial human rights codes seek to promote equality and non-discrimination • Such codes apply to provincial government agencies as well as private sector organizations • The codes outline social areas to which they apply (e.g., housing, employment) and the types and grounds of discrimination that are prohibited • The codes also provide for the duty to accommodate, which obligates employers, service providers and landlords to provide various types of accommodations to groups protected under the codes • The codes also usually provide for establishment of special bodies (such as human rights commissions and/or tribunals) that deal with individual complaints and promote awareness and education on human rights issues • Provincial human rights codes can be seen as complementary to protections existing under the Charter. While the Charter applies only to government entities, provincial human rights codes also apply to private entities (albeit in a more limited area of equality and non-discrimination). The codes are important in removing barriers for various groups on employment, access to goods and services and other areas. .

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difficulty rating: 2 (average)

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skills classification: comprehension

relevant heading in the text: “Canadian Human Rights Act and Provincial Human Rights Codes”

ESSAY QUESTION Briefly outline various points of view on the following question: do international human rights make a difference? Use the examples of Canada from this chapter to illustration various points of view that you are referring to.

Answer tips: • Most would likely agree that human rights discourse makes some difference, but the greatest disagreement comes with respect to assessing the extent to which it makes a difference • Some note that not all states that ratify human rights treaties make a genuine commitment to make a difference and to effectively implement those provisions in domestic law • The level of implementation of a given human rights treaty depends on a number of factors, including availability of resources, political will, capacity of state institutions and other factors • Certain interests such as national security or economic considerations may be considered more important and, in case of conflict, may be given precedence over human rights requirements • In general, one can argue that it is impossible for a state to be a member of the international community without showing at least some respect for and commitment to human rights. However, the extent of compliance varies by country • In Canada, the extent of compliance with human rights may vary by subject matter as well as by level of government; how active the government is in the international human rights system may also change over time (for example, Canada has traditionally been an active member of the human rights system, but this role has decreased in the past several years). Overall, Canada’s record is mixed: it may be considered significantly more compliant than many other countries, but there are also areas where compliance is lacking (for example, Dadar case and general position on removal to torture) difficulty rating: 3 (difficult)

skills classification: application

relevant heading in the text: “Do International Human Rights Make a Difference?” and “Canada and the International Human Rights System”

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ALTERNATIVE DISPUTE RESOLUTION

MULTIPLE CHOICE QUESTIONS 1. Which of the following is not an ADR mechanism: a. Mediation b. Negotiation c. Litigation d. Arbitration correct answer: c

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Introduction”

2. Which of the following represents the most accurate and complete list of the ideal types describing how people respond to conflict? a. Competitive, accommodating, avoiding b. Competitive, accommodating, collaborating, compromising, interest-bargaining c. Competitive, avoiding, compromising d. Competitive, accommodating, avoiding, collaborating, compromising correct answer: d

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Typology of Responses to Conflict”

3. Which of the following represents the most accurate and complete list of the main sources of conflict? a. Data, personal interests b. Data, values, structures, relationships, interests c. Values, beliefs, relationships, interests, data d. Property, data, money, relationships, values correct answer: b

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Typology of Conflicts”

4. Which of the following represents the most accurate and complete list of ADR mechanisms? a. Negotiation, mediation, arbitration, litigation b. Negotiation, mediation, arbitration c. negotiation, mediation, conciliation, arbitration, neutral evaluation and factfinding, mediation-arbitration, mini-trial .

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d. negotiation, mediation, conciliation, arbitration, neutral evaluation and factfinding, mediation-arbitration, mini-trial, court litigation correct answer: c

difficulty rating: 1 (easy)

skills classification: factual

relevant heading in the text: “Introduction” 5. Which of the following is NOT an advantage of mediation over litigation? a. Ability of the parties to design their own process b. Ability of the parties to select who will mediate their dispute c. Binding nature of the mediator’s decision on the case d. Relative speed and cost-effectiveness of mediation correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant headings in the text: “Mediation”, “Comparison of Negotiation, Mediation, Arbitration and Court Adjudication”

6. Interest-based bargaining means: a. A negotiation strategy that is based on reciprocal trade-offs between parties b. A negotiation strategy where parties recognize each other’s needs and cooperate in order to find a solution taking both parties’ needs into account c. A negotiation strategy that focuses on the interests of one party only and seeks to advance them at all costs d. A mediation strategy that helps parties find a compromise correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Negotiation”

7. Which of the following represents the most accurate and complete list of the main principles of interest-based bargaining? a. Paying attention to each other’s interests; inventing mutually acceptable options; evaluating options against objective criteria b. BATNA; inventing options for mutual gain; identifying each other’s interests; focusing on needs, not positions c. Separating people from the problem; focusing on interests, not positions; developing objective criteria; evaluating your options against BATNA d. Separating people from the problem; focusing on interests, not positions; inventing options for mutual gain; developing objective criteria; knowing your BATNA correct answer: d

difficulty rating: 2 (average) .

skills classification: comprehension

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relevant heading in the text: “Negotiation”

8. The main difference between negotiation and mediation is: a. Parties involved in negotiation cannot consult lawyers, while parties involved in mediation can b. Parties in negotiation come up with their own solutions to the conflict, while in mediation the solution is ordered by a mediator c. Parties in negotiation choose the time and place for negotiation, while in mediation the mediator determines when and where meetings will take place d. Unlike negotiation, mediation involves a neutral third party that seeks to help parties to a conflict reach a solution correct answer: d

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Negotiation,” “Mediation”

9. Facilitative mediation is: a. A model of mediation where a mediator facilitates the process of communication between the parties but does not recommend any solutions for the parties b. A model of mediation where a mediator is involved in structuring the dialogue between the parties and helping them recognize each other’s interests so that the parties’ relationship can be transformed in a positive way c. A model of mediation where a mediator not only facilitates communication between the parties but also gives advice on which solution is best as well as projects possible outcomes should parties go to court d. A model of mediation where a mediator facilitates communication between the parties and determines the outcome of mediation, outlining how the conflict is to be resolved correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mediation”

10. Evaluative mediation is: a. A model of mediation where a mediator facilitates the process of communication between the parties but does not recommend any solutions for the parties b. A model of mediation where a mediator is involved in structuring the dialogue between the parties and helping them recognize each other’s interests so that the parties’ relationship can be transformed in a positive way

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c. A model of mediation where a mediator not only facilitates communication between the parties but also gives advice on which solution is best as well as projects possible outcomes should parties go to court d. A model of mediation where a mediator facilitates communication between the parties and determines the outcome of mediation, outlining how the conflict is to be resolved correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mediation” 11. The conduct of mediators is governed by: a. The same code of ethics as applies to judges b. The Code of Conduct for Mediators c. There is no specific set of rules that govern mediators’ conduct d. The same code of professional conduct as applies to lawyers correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mediation” 12. A mediator may disclose the information exchanged during mediation in the following circumstance: a. Upon request of one of the parties to mediation or a third party b. Upon request of the parties’ lawyers c. When disclosure is ordered by court d. At mediator’s discretion – whenever they consider it necessary correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mediation”

13. Arbitration differs from a court process in the following way: a. In court, parties are usually represented by lawyers but, in arbitration, they are not b. In a court process, the ultimate decision on the case rests with the judge but in arbitration the ultimate decision is up to the parties c. In court, a case is decided by one judge but in arbitration, a case is always decided by a panel of three decision makers d. In a court process, parties do not choose a judge that will decide their case but in arbitration, parties decide who to select as an arbitrator for their case correct answer: d

difficulty rating: 2 (average)

relevant heading in the text: “Arbitration” .

skills classification: comprehension

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14. Which of the following most accurately characterizes restorative justice: a. It is a set of measures ordered by a court where the victim and the offender are forced to sit together and discuss their conflict b. It is an approach that seeks to restore the relationships that have been broken by a wrongful act; it involves participation of the victim, the offender and the larger community c. It is the amount of compensation that a court orders the offender to pay to the victim to restore the victim to his pre-injury state d. It is an investigation into a certain traumatic event that impacted a given community, which seeks to find out what happened and to recommend how the community can best heal after that traumatic event correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Restorative Justice”

15. Which of the following represents the most accurate and complete list of conditions that must be met in order for restorative justice initiatives to take place? a. The victim and the offender must freely agree to participate in the process; the offender must admit responsibility b. The offender must be ordered by court to participate in the process and the victim must voluntarily agree to participation; the offender must admit responsibility; the community and trained facilitators must be available and agree to participate c. The offender and the victim must voluntarily agree to participation; the offender must admit responsibility; the community and trained facilitators must be available and agree to participate d. The offender must admit responsibility; the community must agree to participate; trained facilitators must be available to conduct the meeting correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The Concept of Restorative Justice” 16. Victim – offender mediation involves the following participants: a. victim, offender, victim’s and wrongdoer’s families, teachers, social workers, police officers, and a neutral facilitator b. victim, offender, and a neutral facilitator c. victim, offender, elders of the community and a neutral facilitator d. victim and offender correct answer: b

difficulty rating: 2 (average)

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skills classification: comprehension

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relevant heading in the text: “Victim – Offender Mediation”

17. Which of the following is NOT a feature of group conferencing: a. It involves the following participants: victim, offender, victim’s and wrongdoer’s families, teachers, social workers, police officers, and a neutral facilitator b. The objective of group conferencing is to punish the offender c. Among possible solutions can be an apology, repairing damage caused, community service, counseling, or addictions treatment for the offender d. The objective of group conferencing is to help the offender understand the impact of her actions, to send a stronger message to the offender through denunciation of her conduct by the loved ones and the community and to restore the damaged relationships correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Group Conferencing”

18. Which of the following is correct with respect to sentencing circles? a. Sentencing circles are not part of the restorative justice initiatives b. Sentencing circles are used for all offenders who committed minor offences c. Sentencing circles are usually implemented in Aboriginal communities across Canada d. A sentencing circle involves the following participants: victim, offender and community elders (there is no facilitator for the meeting) correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Sentencing Circles”

19. Which of the following is true in regards to the relationship between ADR and court processes? a. There is no interrelationship between the two; they exist entirely separately from each other b. In relation to any dispute, a court can order parties to negotiate a solution between themselves c. In some provinces and in relation to certain types of cases, parties are required to go to mediation prior to having their case heard by a court d. In some provinces and in relation to certain types of cases, parties are required to go to negotiation prior to having their case heard by a court correct answer: c

difficulty rating: 2 (average)

relevant heading in the text: “ADR and Court Processes” .

skills classification: comprehension

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20. Which of the following is correct in relation to arbitration? a. Decisions of arbitrators are non-binding b. An arbitrator must be lawyer c. Parties can choose a person who will arbitrate their dispute d. Parties cannot choose who will arbitrate their dispute correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Arbitration”

21. The growing interest in and use of ADR has been primarily due to: a. dissatisfaction with the delays and expense of court litigation b. changes in society that discourage adversarial practices c. greater recognition of First Nations legal traditions, which contain elements of ADR d. changes in law school curricula that started emphasizing ADR practices correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Introduction”

22. Which of the following is true? a. ADR is always a more advantageous option than litigation b. It is possible to use ADR to resolve disputes regarding interpretation of legislation c. In ADR, parties do not use lawyers d. ADR seeks to approach conflicts holistically, taking into account legal and nonlegal factors correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Advantages of ADR”

23. Which of the following is NOT a route, by which a dispute can get into ADR? a. By voluntary agreement of the parties b. As a requirement under legislation c. As an institutionalized mechanism within private or public sector d. As a requirement under the Constitution correct answer: d

difficulty rating: 2 (average)

relevant heading in the text: “Routes to ADR” .

skills classification: comprehension

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24. Compromise bargaining means: a. A negotiation strategy that is based on reciprocal trade-offs between parties b. A negotiation strategy where parties recognize each other’s needs and cooperate in order to find a solution taking both parties’ needs into account c. A negotiation strategy that focuses on the interests of one party only and seeks to advance them at all costs d. A mediation strategy that helps parties find a compromise correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Negotiation”

25. Which of the following is correct? a. Mediators must be lawyers b. Mediators can impose a solution on the parties c. Mediators must keep the information exchanged during mediation confidential and cannot disclose it under any circumstances d. Mediators must make reasonable effort to ensure that parties understand the mediation process correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mediation”

26. Which of the following processes does not allow the parties to choose the person who will decide their case? a. Negotiation b. Mediation c. Arbitration d. Court adjudication correct answer: d

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “Comparison of Negotiation, Mediation, Arbitration and Court Adjudication”

27. Which of the following is correct? a. Courts can never order disclosure of information exchanged during ADR b. In some cases, courts can order disputes to be transferred to mediation or arbitration .

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c. Courts cannot enforce settlement agreements reached through ADR d. Once a case goes to court, parties can no longer go to ADR to attempt to resolve the dispute themselves correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “ADR and Court Processes”

28. What are the two main types of sentencing circles? a. A sentencing circle to decide if the offender is guilty and a sentencing circle to determine punishment for the offence b. A sentencing circle after conviction to obtain community’s input on the sentence and a sentencing circle as diversion out of court system c. A sentencing circle before the guilty plea and a sentencing circle after the guilty plea d. A sentencing circle for Aboriginal offenders and a sentencing circle for nonAboriginal offenders correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Sentencing Circles”

29. Which of the following has been raised as a concern in relation to sentencing circles? a. Sentencing circles are employed only in relation to Aboriginal offenders b. Sentencing circles impose very light penalties that do not always reflect the gravity of the committed offence c. Communities do not support the idea of sentencing circles d. Sentencing circles do not work well if a community does not have sufficient resources to support them correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Sentencing Circles”

30. An accommodating type of response to conflict (according to Thomas and Killman typology) can be characterized as follows: a. Such an individual is interested in addressing the issue and attempting to work with the other party to find a solution b. Such an individual attempts to avoid a conflict and neither rigorously asserts own interests nor pays attention to those of the other party c. Such an individual seeks to satisfy the other party’s concerns often to the detriment of her own interests

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d. Such an individual is focused on his own interests and is ready to use his power in order to ‘win’ correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Typology of Responses to Conflict”

TRUE/FALSE QUESTIONS 1. Issues of power and culture never have any impact on ADR processes and outcomes. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Factors of Power and Culture in ADR”

2. Negotiation is the most effective ADR mechanism because it allows parties to talk directly to each other and saves time and money by not requiring the involvement of any third parties. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Comparison of Negotiation, Mediation, Arbitration and Court Adjudication”

3. According to the Code of Conduct for Mediators, mediators are not to provide any legal or professional advice to the parties to mediation. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mediation”

4. Mediation is always organized in such a way that both parties are present in sessions together at all times and does not involve any break away sessions where a mediator meets with each party separately. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Mediation”

5. Victim-offender mediation is a form of a restorative justice initiative. correct answer: true

difficulty rating: 2 (average) .

skills classification: comprehension

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relevant heading in the text: “Restorative Justice”

SHORT ANSWER QUESTIONS 1. Briefly describe how issues of power and culture may influence ADR. Answer tips: • Power can be defined as the ability to influence the other party and the outcome of a dispute • Culture reflects particular knowledge, beliefs, morals, customs and practices of a given community • If there is a power imbalance between parties to ADR, the outcome of ADR may not be equally fair to both parties and may be more favourable to the more powerful party; the very decision to enter ADR may be a result of the influence of one party over the other • Where parties to ADR come from different cultures and the parties do not recognize each other’s cultural differences, miscommunications may occur and the ADR process may not be very effective; further, the dominant cultural perspective may be defining the very structure of ADR to the exclusion of perspectives of non-dominant cultures difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Issues of Power and Culture in ADR”

2. Briefly describe advantages and disadvantages of ADR compared to a court process.

Answer tips: • Comparisons can be drawn in relation to three major factors: cost, process, and result • If parties can successfully cooperate in finding a mutually agreeable solution, ADR may be speedier and more cost-effective than a court process • Unlike litigation, which is a zero-sum game, ADR could allow for development of a mutually agreeable solution where both parties win; ADR could also help preserve the relationship between the parties • In ADR, parties have more control over the design and timing of the process; it is also up to them to decide who will be mediating or arbitrating their dispute • The success of ADR depends on the strategies adopted by the parties: if they take a cooperative approach, ADR can be effective, but if they take a competitive approach, ADR is not likely to produce the desired result difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Advantages of ADR”

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ESSAY QUESTION Mary and Mikal were married for 3 years and they have 2 children aged 2 and 3. Mary was on maternity leave for the first two years of marriage, but in year three went back to work as a nurse. Mikal has been working as a contractor. The couple have a house, 2 cars and some savings. They are getting divorced. They are trying to use ADR to resolve the following issues: child custody, spousal support, and division of property. Discuss the possible effectiveness of negotiation and mediation, depending on the strategies they adopt.

Answer tips: • Consider the following three negotiation strategies: adversarial, compromise bargaining and interest-based bargaining; adversarial strategy is most likely to lead to deadlock or dissatisfaction of the parties with possible solutions • Where negotiation is not effective, mediation may help • Consider the following three mediation models: facilitative, evaluative and transformative; either model can be helpful to the parties, but ultimate success depends on the willingness of theparties to set their feelings aside and focus on needs and finding mutually agreeable solutions difficulty rating: 3 (difficult)

skills classification: application

relevant heading in the text: “Negotiation,” “Mediation” (see also chapter 11 “Family Law”)

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INTERNATIONAL LAW

MULTIPLE CHOICE QUESTIONS 1. Which one of the following is NOT true in relation to international law? a. International law does not create binding rules b. International law regulates relations among states c. There is no one single legislative body to create international law rules d. There is no one single mechanism for enforcement of international law correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The difference between domestic and international law” 2. Public international law: a. Regulates relations among international corporations b. Regulates relations among states c. Regulates relations between states and their citizens d. Establishes provincial bodies for protection of human rights correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Main Characteristics of Public International Law”

3. A treaty is: a. An agreement between two individuals that creates binding obligations b. An agreement between states that creates binding obligations c. A decision of a treaty body on an individual complaint about human rights violations d. A decision of domestic court requiring employers to treat all individuals with respect and without discrimination correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Treaties” 4. Which of the following is NOT a principle of public international law? a. Respect for state sovereignty and non-interference in internal affairs of other states b. Respect for human rights c. Peaceful settlement of disputes d. The use of force in international relations: states may use force whenever they consider this to be necessary to protect their interests .

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correct answer: d

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difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Governing principles of public international law”

5. Sovereignty means: a. The exclusive authority of the state over individuals in its territory and the power to regulate matters within its territory b. Equal participation of all states in international affairs c. The authority of the United Nations to create rules for the international community d. The ability of states to use force against each other in order to protect their interests correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Governing principles of public international law”

6. What are the sources of public international law? a. international treaties, customs, and general principles of law recognized by nations b. international treaties and customs c. public international law does not originate from any particular sources d. resolutions and directives of the United Nations correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Sources of Public International Law” 7. Opinio juris means: a. A set of customary rules that have paramount importance in international law b. States’ belief that certain type of behavior is legally required c. Opinion of the International Court of Justice on a given issue d. Opinion of a domestic court on an issue of international law correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Customary International Law”

8. What is jus cogens? a. A term that signifies state’s belief in legally obligatory character of certain behaviour b. A set of rules of customary international law rules that are considered superior to other international law rules and that cannot be set aside by treaties c. A set of treaties that contain a list of the most important human rights d. A set of international rules that are not considered binding, but rather are used only as guideline by states and international organizations

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correct answer: b

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difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship between treaties and customary international law”

9. Treaties signed and ratified by Canada: a. Automatically become a part of domestic law b. Become a part of domestic law only after the Prime Minister issues an order that implements that treaty c. Are not automatically a part of domestic law, but need to be ‘transformed’ into domestic law by an act of federal or provincial legislature d. Become a part of domestic law upon receiving approval from the Supreme Court of Canada correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship between public international law and domestic law”

10. What is a reservation to a treaty? a. It is a unilateral statement by a state that it intends to be bound by the provisions of a treaty b. It is a unilateral statement by a state that seeks to (a) modify or exclude the effect of certain provisions of a treaty or (b) apply a certain interpretation of certain provisions of that treaty c. It is a statement by the UN General Assembly, in which it expresses concern about a certain issue (e.g., about violations of human rights by a certain state) d. It is a statement by the International Court of Justice, in which the court declares that a certain state has violated its treaty obligations correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Treaties”

11. Which of the following is correct? a. The UN Security Council is a deliberative body that consists of all members of the United Nations; it adopts non-binding resolutions on a variety of matters related to peace, security, international cooperation b. The UN Security Council consists of 5 permanent and 10 non-permanent members; its main mandate is related to human rights; it can adjudicate complaints made by individuals against UN members and make binding decisions on those complaints c. The UN Security Council consists of 5 permanent and 10 non-permanent members; its main mandate lies in the area of international peace and security; it can make decisions that are binding on UN members

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d. The UN Security Council deals with issues of human rights, development and socioeconomic rights correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The United Nations”

12. In Canada, the powers of treaty-making and treaty-implementation are distributed in the following way: a. Only the federal government has both treaty-making and treaty-implementation powers b. The federal executive has exclusive authority to make treaties, but only provincial executives have the power to implement treaties c. All treaties are made and implemented by provinces only; the federal government has no authority in this area; d. The federal executive has the authority to make treaties on behalf of Canada; treaty implementation is exercised through acts of federal or provincial legislatures, depending on the subject matter of a given treaty correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship between public international law and domestic law”

13. Customary international law: a. Is not binding on states, but is merely a guideline for states b. Is binding on all states c. Is binding only after the International Court of Justice has declared a specific customary rule as binding d. Is binding only after the UN Security Council has declared a specific customary rule as binding correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Customary International Law”

14. The general rule of interaction between customary international law and treaties can be described in the following way: a. Customary international law and treaties exist separately and independently from each other; there is no interaction between them at all b. Treaties may be used to develop new international law rules, but never to codify existing rules of customary international law c. States may conclude treaties that set aside rules of customary international law, except for jus cogens rules

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d. States may conclude treaties to set aside any rule of customary international law, even those considered jus cogens; treaties may also be used to codify existing rules of customary international law or to assist formation/crystallization of customary international law rules correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship between treaties and customary international law”

15. What are the elements that need to be present in order for a rule of customary international law to be formed: a. Sustained state practice with respect to a particular matter and recognition of this rule by the International Court of Justice b. Sustained state practice and opinio juris c. Sustained state practice and jus cogens d. Sustained state practice, complete uniformity and consistency of this practice and recognition by states that this conduct/practice is necessary in order to maintain international peace and security correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Customary International Law”

16. Canada has adopted the following approach with respect to the effect of international law on domestic law: a. Both customary international law and treaties must be ‘transformed’ into domestic law; they have no automatic direct effect in Canadian law b. Neither customary international law nor treaties can ever have any effect on Canadian domestic law; they can only be used as a guideline or to help interpret domestic law c. Customary international law is automatically considered to be a part of domestic law; treaties need to be ‘transformed’ into domestic law d. Treaties are automatically a part of domestic law; customary international law needs to be ‘transformed’ into domestic law by an act of legislature correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship between public international law and domestic law”

17. What is immunity ratione personae? a. Immunity that attaches to an individual, usually a high-raking government official and shields him or her from lawsuits in foreign courts b. Immunity that attaches to actions of state officials; as long as an action can be considered an exercise of state sovereignty, it is shielded by immunity

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c. Immunity of high ranking officials from international courts and tribunals, which preclude their prosecution before courts like the International Criminal Court d. Immunity that all state officials enjoy before domestic as well as international courts correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Diplomatic Immunity”

18. Which of the following is correct? The International Criminal Court: a. Can prosecute any crime committed by a government official of any country b. Cannot prosecute high ranking government officials because they are shielded by immunity c. Cannot take on a case that is being investigated or prosecuted by a state party d. Cannot allow the accused to invoke any defence against their actions correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Criminal Tribunals and International Criminal Court”

19. State immunity: a. Shields states from jurisdiction of foreign courts (a foreign court means a domestic court of another state) b. Shields states from jurisdiction of international courts c. Shields states from jurisdiction of both foreign and international courts d. Shields state officials from prosecution before the International Criminal Court correct answer: a

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “State Immunity”

20. The main principles of attributability for the purpose of determining state responsibility are as follows: a. Wrongful acts of state officials and organs give rise to state responsibility; acts of private individuals or groups can never be attributed to a state and give rise to state responsibility b. Wrongful acts of state officials and organs give rise to state responsibility; acts of private individuals can be attributed to a state only in the following circumstance: when an individual is a citizen of that state and when they are paid and receive instructions from that state to commit serious crimes against another state c. Wrongful acts of state officials and organs give rise to state responsibility; as a rule, acts of private individuals or groups cannot be attributed to a state or give rise to state responsibility; however, where a private group is effectively controlled by a given

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state or where its actions are supported by the state, the group’s acts may be attributed to that state and give rise to state responsibility d. Wrongful acts of state officials and organs give rise to state responsibility; private group’s actions can be attributed to the state only if there are allegations that a private group committed an international crime correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “State Responsibility”

21. A multilateral treaty is a treaty that: a. Has only two states as parties to it b. Has several states parties c. Deals with a wide range of issues involving various subject matters d. Deals with human rights issues correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Treaties”

22. What are the powers of the Security Council in situations when a threat to peace, breach of peace or an act of aggression might have occurred: a. To make decisions about states’ compliance with international human rights and issue recommendations to improve their compliance b. To determine the existence of a threat to peace, breach of peace or an act of aggression; to recommend measures to be taken; to make decision on forcible or nonforcible measures to be taken c. To resolve disputes between states and to determine whether a given state has violated its international law obligations and whether military intervention in justified in case of serious human rights violations d. To impose sanctions against undemocratic states even where there is no threat to peace, breach of peace or an act of aggression; to recommend various measures to facilitate a regime change and transition to democracy, including establishment of temporary UN administration in a given territory correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Use of force under Security Council authorization”

23. In Hashemi v Iran, the Supreme Court of Canada concluded that:

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a. A foreign state (Iran) and its officials are not immune from lawsuits for torture committed abroad and can be sued in Canadian courts; the plaintiff could sue Iran and its officials and obtain compensation for the harm suffered b. A foreign state (Iran) and its officials are immune from lawsuits for torture committed abroad and cannot be sued in Canadian courts; the case did not fall within any of the exceptions under the State Immunity Act and despite the tragic nature of the case, could not proceed with his tort lawsuit c. A foreign state (Iran) and its officials cannot be sued in Canadian courts for torture committed abroad because the case did not have sufficient connection to Canada (torture did not happen in Canadian territory); issues of immunity are irrelevant to this case d. Mr Hashemi cannot be removed from Canada to Iran because he might be subject to torture in Iran; such removal would be contrary to the Charter and to international law correct answer: b

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: Box “Suing a state for the infliction of torture: Islamic Republic of Iran v Hashemi” 24. The following rules apply to the use of force in international relations: a. The use of force or threat of use of force is absolutely prohibited; all disputes must be resolved by peaceful means only b. The use of force and threat of use of force is allowed; states are free to decide for themselves when to utilize force c. The use of force or threat of use of force is generally prohibited but there are two exceptions; force may be used under Security Council authorization and in selfdefence d. The use of force or threat of use of force is generally prohibited but there are two exceptions; force may be used under General Assembly authorization and in collective self-defence (when a group of states believe they need to repel an attack) correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Prohibition on the use of force or threat of use of force”

25. Which of the following is NOT an international crime? a. Murder b. Crimes against humanity c. Crime of aggression d. Genocide correct answer: a

difficulty rating: 2 (average) .

skills classification: comprehension

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relevant heading in the text: “International Crimes”

26. The principle of complementarity of the International Criminal Court (ICC) means: a. The ICC works together with domestic courts in prosecuting international crimes b. The ICC must get permission from domestic courts of States Parties in order to hear a given case c. The ICC cannot take on a case if that case is being investigated or prosecuted by the State Party d. All prosecutions for international crimes are to be carried out by domestic courts, but appeals on convictions are to be decided by the ICC correct answer: c

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Criminal Tribunals and the International Criminal Court”

27. Which of the following cannot refer a court to the International Criminal Court: a. A State Party b. The UN Security Council c. The court prosecutor upon investigation of information received from organizations or individuals d. An individual victim of an international crime correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Criminal Tribunals and the International Criminal Court”

28. The UN consists of the following principal bodies (choose an answer with the most accurate and comprehensive list): a. The Security Council, the International Organization for Migration, the Economic and Social Council, the Trusteeship Council b. The General Assembly, the Security Council and the International Criminal Court c. The General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Criminal Court, the Secretariat d. The General Assembly, the Security Council, the Economic and Social Council, the Trusteeship Council, the International Court of Justice, the Secretariat correct answer: d

difficulty rating: 2 (average)

relevant heading in the text: “The United Nations”

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skills classification: comprehension

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29. What are the two main types of jurisdiction distinguished in international relations? a. Territorial and jurisdiction based on citizenship on a person concerned b. Territorial and universal c. Prescriptive and universal d. Prescriptive and enforcement correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Jurisdiction”

30. When issues of state responsibility arise, international law recognizes the following types of defences (choose an answer with the most accurate and comprehensive list): a. Self-defence, duress, necessity, consent b. Self-defence, necessity, distress, consent, force majeure, duress c. Self-defence, consent, mistake of fact, distress, force majeure d. Self-defence, necessity, distress, force majeure, consent correct answer: d

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “State Responsibility”

TRUE/FALSE QUESTIONS 1. If a state is found to have committed a wrongdoing, it may be ordered to make reparations to the victim state. correct answer: true

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “State Responsibility”

2. The General Assembly is a deliberative and policy-making body of the UN and it includes all member states of the UN. correct answer: true

difficulty rating: 1 (easy)

skills classification: comprehension

relevant heading in the text: “The United Nations”

3. In state that take an adoptionist approach, international law automatically becomes a part of domestic law.

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correct answer: true

Introduction to the Canadian Legal System

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship between public international law and domestic law”

4. The International Criminal Court is not one of the principal bodies of the United Nations. correct answer: true

difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “The United Nations”

5. The International Criminal Tribunal for former Yugoslavia and the International Criminal Tribunal for Rwanda were initially created to address international crimes committed in the former Yugoslavia and Rwanda respectively, but subsequently their jurisdiction was expanded and now they can prosecute any international crime that has taken place in any country. correct answer: false difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “International Criminal Tribunals and International Criminal Court”

SHORT ANSWER QUESTIONS 1. Outline and briefly explain the main pillars of responsibility to protect.

Answer tips: • The R2P includes three pillars: protection responsibilities of the state; international assistance and capacity-building, timely and decisive response • The first pillar involves primary responsibility of the state to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and from their incitement • The second pillar emphasizes the role of the international community in assisting states to meet the above mentioned obligations of protection.

• The third pillar requires states to take a timely and decisive response if a state is failing to provide protection to its population. difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Responsibility to Protect”

2. Describe the approach that Canada takes with respect to the effect of international law in domestic law (hint: are treaties and custom automatically a part of domestic law?)

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Answer tips: • Canada takes an adoptionist approach to customary rules (they are part of domestic law) and transformationist approach to treaties • Treaty-making power rests with the federal executive, but transformation of their provisions into domestic law is done by legislatures – federal and/or provincial – depending on the subject matter difficulty rating: 2 (average)

skills classification: comprehension

relevant heading in the text: “Interrelationship between public international law and domestic law”

ESSAY QUESTION Briefly describe the meaning of state immunity, Canada’s approach to it and some of the concerns that may arise due to the existence of state immunity.

Answer tips: • State immunity prevents domestic courts from exercising jurisdiction over cases involving foreign states • In Canada, approach to state immunity is codified in the State Immunity Act • The Act generally respects state immunity, but provides for several exceptions, including: where proceedings relate to personal injury or damage to property that occurs in Canada; in relation to certain aspects of maritime law; in relation to any commercial activity of the foreign state; where the foreign state waives the immunity; in relation to states that there are reasonable grounds to believe have supported or are supporting terrorism in proceedings against them for their support of terrorism on or after January 1, 1985 • State immunity means that in some cases plaintiffs would not be able to obtain recourse for the harm done to them by foreign states (Hashemi case is an illustrative example) difficulty rating: 3 (difficult)

skills classification: comprehension

relevant heading in the text: “State Immunity”

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