NCA Foundations of Canadian Law 2

Question 1

What is 'bijuralism' in Canada and how does it affect the federal legal system?

Accepted Answer

It means Canada has two legal traditions — common law (in 9 provinces and territories) and civil law (in Quebec) — and federal legislation must be interpreted and applied consistently with both traditions

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It means Canada has two official languages

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It means Canada has two levels of courts

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It means every law must be passed by both the House of Commons and the Senate

Question 2

What is the 'honour of the Crown' doctrine in Canadian law?

Accepted Answer

It is a constitutional principle requiring the Crown to act honourably in all its dealings with Indigenous peoples, giving rise to duties including consultation, accommodation, and the honourable negotiation and implementation of treaties

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It means the Crown cannot be sued

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It is a ceremonial protocol for addressing the Governor General

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It means the Crown must maintain the physical condition of its buildings

Question 3

What is the doctrine of 'precedent' and how do Canadian courts distinguish binding precedent from persuasive authority?

Accepted Answer

Binding precedent must be followed (decisions from courts above in the hierarchy on the same legal point), while persuasive authority (decisions from courts in other provinces, lower courts, or other common law jurisdictions) may be considered but is not binding

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All court decisions are equally binding

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Only SCC decisions are ever relevant

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Courts cannot consider decisions from other countries

Question 4

What is the role of equity in the Canadian common law system?

Accepted Answer

Equity is a body of law originally developed by the Court of Chancery to mitigate the rigidity of the common law, providing remedies such as injunctions, specific performance, constructive trusts, and estoppel when common law remedies are inadequate

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Equity and common law are the same thing

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Equity only applies to family law matters

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Equity has been abolished in Canada

Question 5

What is the significance of section 52 of the Constitution Act, 1982?

Accepted Answer

It declares the Constitution of Canada to be the supreme law of Canada and that any law that is inconsistent with the Constitution is, to the extent of the inconsistency, of no force or effect

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It establishes the right to vote

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It creates the Senate of Canada

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It establishes the amending formula

Question 6

What are 'Indigenous legal traditions' and how are they being recognized in Canadian law?

Accepted Answer

Indigenous legal traditions are the laws, legal principles, and dispute resolution mechanisms developed by Indigenous nations over millennia, increasingly recognized as a source of Canadian law through section 35, the UNDRIP Act, and academic and judicial developments

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They have no legal significance in Canada

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They only apply on First Nations reserves

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They are limited to oral history with no legal standing