Question 1

There is no definition of law that is universally acceptable. Some define law in moral
terms, whereas some define it by set of rules made by those in authority. Then there
are some who define it only in the practical terms. Hence it is difficult to come up
with a satisfactory definition of law.

Question 3
In civil law jurisdiction, use of previous decisions does not affect the present
decision of a court. As a result two very similar cases might be decided differently.
But in common law jurisdiction, courts look out to similar cases for the principles
to be applied.

Question 4
Common law judges did not make the law, they found it This statement goes back
to the early stage of development of common law where judges discovered the law
in the customs and traditions of the people on whom it was to be applied. Hence
they found the law and did not make it.

Question 6
Common law system had the following serious limitations which led the
development of Law of equity.

Rigidity of common law system

Inflexibility of the rules applied
Limited scope of remedies available

Question 8
The supremacy of the parliament means that the parliament is supreme over any
other legal body. The legislations made by the parliament take precedence over
judge-made law, which may be based on either the common law or equity.

Question 10
The process how a Parliamentary bill becomes a law:

The bill goes through a sequence of introduction, debate, modification and

approval (known as first, second and third reading).
When a bill is finally enacted it has the status of a statute.

This statue does not have the status of law until it receives the approval of
governor general at federal level or the lieutenant general in province
(Referred to as receiving royal assent).

Question 11
The system in which judges are to follow each others decisions is known as stare
decisis. The decision of a judge at one level is binding on all judges in the hierarchy
that falls in the court of lower rank, provided the facts in both the cases are similar.
Therefore, in a similar case if the judge at a lower court has to give a judgement, he
is surely bound by another judges decision at a higher court.

Question 12
Canadas constitution includes:

Statutes such as Constitution Act, 1982 and statutes creating various

provinces
Conventions, which are unwritten rules explaining how the government is to
operate and include the Rule of law.
Case law on constitution issues, such as whether the Federal or Provincial
government has jurisdiction to create certain statutes.

Question 13
The Federal powers are set out in the section 91 of the Constitution Act, 1867 and
the powers of Provincial governments are in section 92.
The effect of section 91 and section 92 of the Constitution Act, 1867 is:

The division of powers in the section 91 and 92 has been very important in
the development of Canada as a nation.
Until the recent entrenchment of the charter, Section 91 and 92 of the
Constitution Act, 1867 was the main consideration of courts when faced with
constitutional questions.

Question 14
The Constitution Act, 1867 prohibits direct delegation of power between Federal and
provincial governments but they can delegate their powers to inferior bodies such
as boards and individual civil servants. This way the Constitution Act, 1867 limits
power of provincial and federal governments.

Question 17

Human rights legislation was designed to stop discrimination against identifiable

minority groups.
The limitations of human rights legislation are:

The protection by human rights legislation extends only to certain areas as

identified by specific provincial or federal legislations. Discrimination by
private facilities is not prohibited by the legislation. Such as, Private clubs.
The grounds upon which discrimination is prohibited vary from one
jurisdiction to another.

No, it does not address all discrimination. Private clubs can still discriminate as to
who they will admit as members, as the discrimination by private facilities is not
protected. This somehow explains why some golf clubs do-not have female
members.

Question 21
Charter of rights and freedom protects individuals rights from abuses by
government. Whereas, Human rights code came into effect to protect individuals
rights from abuse by other members of public.

CASE 1

The notwithstanding clause of the charter allows the government to override

fundamental freedoms, legal rights and equality rights. If the court used this clause
of the charter to make the child a ward of the court and carry on the blood
transfusion, the parents could use sunset clause It forces the re-examination of
the decision to override the charter.

No one according to me has the right to choose life or death for another person,
even if a child. The parents in this case were trying to kill their child merely for their
religious beliefs by refusing the blood transfusion. This is a one strong argument for
the authorities. The likelihood of the outcome would be same as it was, because
even if the decision was to be re-examined no court shall approve killing an
innocent child just to satisfy some religious notions.

Finally, no the parents do not have the right to make life-and-death decisions for
their children based on some religious ideas.