NCA Foundations of Canadian Law

Question 1

What is the 'rule of law' and why is it considered a foundational principle of Canada's legal system?

Accepted Answer

It means that all persons and institutions, including the government, are subject to and accountable under the law, which must be publicly made, prospective, clear, and applied equally

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It means the majority rules in all circumstances

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It means judges can create law without any constraints

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It means Parliament can override any law at any time without process

Question 2

What are the sources of Canadian law?

Accepted Answer

Constitutional law, statute law (federal and provincial), common law (judicial decisions), and in Quebec, the Civil Code as a source of private law

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Only the Criminal Code and the Constitution

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Only Parliamentary legislation

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Only judicial decisions from the Supreme Court of Canada

Question 3

What is 'stare decisis' and how does it operate in the Canadian judicial hierarchy?

Accepted Answer

It is the principle that courts are generally bound by previous decisions of courts at the same or higher level in the judicial hierarchy, providing certainty and consistency, while the SCC can depart from its own previous decisions

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It means all courts must follow all previous decisions

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It means courts can ignore all previous decisions

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It only applies to constitutional cases

Question 4

What is the significance of the 'reception date' in Canadian common law provinces?

Accepted Answer

The date on which English common law and statute law as it existed at that time was received into the colony, establishing the baseline body of law that continues to apply unless subsequently changed by local legislation

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The date when Canada received independence from Britain

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The date when the Supreme Court of Canada was established

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The date when the Charter of Rights came into force

Question 5

What is 'Parliamentary sovereignty' and how is it modified in Canada?

Accepted Answer

While Parliament has broad legislative power, it is subject to the Constitution (including the Charter and the division of powers), unlike the traditional British doctrine of absolute Parliamentary supremacy

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Parliament has unlimited power with no constraints

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Parliamentary sovereignty means the Prime Minister is above the law

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It means only the Senate can propose legislation

Question 6

What is the legal significance of the Royal Proclamation of 1763 in Canadian law?

Accepted Answer

It recognized Aboriginal land rights, established principles for the treatment of Indigenous peoples, and created a process for Crown acquisition of Indigenous lands — it is considered a foundational document of Aboriginal rights in Canada

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It established the Canadian Parliament

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It created the provinces of Canada

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It established the Supreme Court of Canada