RSM 225 Midterm – Study Guide, Revision Notes, and Practice Questions for
Exam Preparation
What is the Canadian Constitution? - ✔✔- Outlines Canada's System of government
- Foundation for all laws in Canada
- all government laws must comply with
the constitution to be valid
- most changes require approval of federal government & at least 2/3 of provincial governments
in provinces having at least 50% of Canadian population
- sets out the Charter of rights and freedoms
What are the areas each level of government can make laws about? - ✔✔Provincial: regulate
municipalities, education
Federal: regulate banking, any fields not specifically given to the provincial governments
what does the Charter of Rights and Freedoms guarantee? - ✔✔- Guarantee Human rights
(speech, assembly, association, religion)
two ways the charter allows governments to pass laws limiting these rights and freedoms -
✔✔1. limits that are 'reasonable' in a free and democratic society
2. limits on (some) rights for up to 5 years if statute says it applies 'notwithstanding' the charter
What do Federal and Provincial governments make? - ✔✔- statutes or acts (legislation)
- "partner ship act"
- regulations (subordinate legislation)
- administrative rules authorized under
statutes
,- statute specifies who can make these
rules
what do municipal governments make? - ✔✔- by-laws
municipal government - ✔✔- not addressed in constitution
- created by provincial statutes
- size and powers limited to what is set it in the provincial statutes
- can be changed by provincial government (not during municipal election)
Details of municipal charter challenger of reducing size of Toronto city council - ✔✔- Bill 5
- reducing from 47 to 25
- passed after election had begun
- court found Bill 5 violated charter free speech
- interfered with candidates ability to present their views to the relevant voters
- interfered with voters right to vote and get effective representation
- Ontario government re-enacting Bill 5 with 'notwithstanding' clause
Courts Roles - ✔✔- interpret laws (what the words of the statute mean)
- decisions called 'case law' or 'common law'
- case law: create new legal principles to deal with novel situations, these principles become
part of the common law
- determine validity of laws (compliance with charter, whether within that level of governments
powers)
Trial Court - ✔✔- most cases start here
- different types of trial courts (small claims, family, superior bad criminal and divorce)
, - parties call witnesses, submit evidence
- court determines the facts. and interprets/applies the law - Judgement
Court of Appeal - ✔✔- trail court decision can be appealed here
- not a new trial (no new witnesses)
- trial court findings on facts cannot be challenged (unless no reasonable basis for findings)
- only challenge trial courts interpretation of the law
CAN: dismiss appeal, reverse/vary trial court judgement, send case back for new trial
- within 30 days to make appeal
Supreme Court of Canada - ✔✔- Court of appeal decisions can be appealed here
- must first obtain special 'leave' from SCC to appeal here
- leave: must show case includes legal issues that are important/significant enough for SCC to
hear the appeal
- CAN: dismiss appeal, reverse/vary trial court or CA judgement, send case back for new trial
Who can sue? - ✔✔- legal entities can bring lawsuit (individuals, corporations, partnerships)
- must have 'standing' to bring lawsuit
- standing: legal entity's rights must be specifically affected
- person suing = plaintiff
- person being sued = defendant
Class Actions - ✔✔- many peoples interests are affected by the same conduct
- need court permission to start class action (get lawsuit 'certified' as class action)
- must be identifiable group affected, and common issues
- court judgement in class actions binds everyone in the group
Exam Preparation
What is the Canadian Constitution? - ✔✔- Outlines Canada's System of government
- Foundation for all laws in Canada
- all government laws must comply with
the constitution to be valid
- most changes require approval of federal government & at least 2/3 of provincial governments
in provinces having at least 50% of Canadian population
- sets out the Charter of rights and freedoms
What are the areas each level of government can make laws about? - ✔✔Provincial: regulate
municipalities, education
Federal: regulate banking, any fields not specifically given to the provincial governments
what does the Charter of Rights and Freedoms guarantee? - ✔✔- Guarantee Human rights
(speech, assembly, association, religion)
two ways the charter allows governments to pass laws limiting these rights and freedoms -
✔✔1. limits that are 'reasonable' in a free and democratic society
2. limits on (some) rights for up to 5 years if statute says it applies 'notwithstanding' the charter
What do Federal and Provincial governments make? - ✔✔- statutes or acts (legislation)
- "partner ship act"
- regulations (subordinate legislation)
- administrative rules authorized under
statutes
,- statute specifies who can make these
rules
what do municipal governments make? - ✔✔- by-laws
municipal government - ✔✔- not addressed in constitution
- created by provincial statutes
- size and powers limited to what is set it in the provincial statutes
- can be changed by provincial government (not during municipal election)
Details of municipal charter challenger of reducing size of Toronto city council - ✔✔- Bill 5
- reducing from 47 to 25
- passed after election had begun
- court found Bill 5 violated charter free speech
- interfered with candidates ability to present their views to the relevant voters
- interfered with voters right to vote and get effective representation
- Ontario government re-enacting Bill 5 with 'notwithstanding' clause
Courts Roles - ✔✔- interpret laws (what the words of the statute mean)
- decisions called 'case law' or 'common law'
- case law: create new legal principles to deal with novel situations, these principles become
part of the common law
- determine validity of laws (compliance with charter, whether within that level of governments
powers)
Trial Court - ✔✔- most cases start here
- different types of trial courts (small claims, family, superior bad criminal and divorce)
, - parties call witnesses, submit evidence
- court determines the facts. and interprets/applies the law - Judgement
Court of Appeal - ✔✔- trail court decision can be appealed here
- not a new trial (no new witnesses)
- trial court findings on facts cannot be challenged (unless no reasonable basis for findings)
- only challenge trial courts interpretation of the law
CAN: dismiss appeal, reverse/vary trial court judgement, send case back for new trial
- within 30 days to make appeal
Supreme Court of Canada - ✔✔- Court of appeal decisions can be appealed here
- must first obtain special 'leave' from SCC to appeal here
- leave: must show case includes legal issues that are important/significant enough for SCC to
hear the appeal
- CAN: dismiss appeal, reverse/vary trial court or CA judgement, send case back for new trial
Who can sue? - ✔✔- legal entities can bring lawsuit (individuals, corporations, partnerships)
- must have 'standing' to bring lawsuit
- standing: legal entity's rights must be specifically affected
- person suing = plaintiff
- person being sued = defendant
Class Actions - ✔✔- many peoples interests are affected by the same conduct
- need court permission to start class action (get lawsuit 'certified' as class action)
- must be identifiable group affected, and common issues
- court judgement in class actions binds everyone in the group
