LAW 101 review

What is the purpose of Section 33 of the Charter?

• Provides limits for private sector laws

• Allows governments to override some rights

• Ensures federal supremacy

• Prevents judicial review of legislation

Answer explanation

Section 33 of the Charter, also known as the 'notwithstanding clause', allows governments to temporarily override certain rights and freedoms guaranteed by the Charter, making it the correct choice.

What is inter-delegation in the context of administrative law?

• Delegation of federal powers to provincial agencies

• Transfer of authority from courts to agencies

• Delegation of agency powers across departments

• Shared decision-making between tribunals

Answer explanation

Inter-delegation refers to the delegation of federal powers to provincial agencies, allowing them to exercise authority in specific areas. This choice correctly identifies the nature of inter-delegation in administrative law.

What does a bona fide occupational requirement refer to?

• A legitimate and necessary qualification for a job

• Any requirement established by an employer

• A personal right for employees

• A strict federal law

Answer explanation

A bona fide occupational requirement is a legitimate and necessary qualification for a job, meaning it is essential for the performance of the job duties. This distinguishes it from arbitrary requirements set by employers.

What document guarantees the rights and freedoms of Canadians against government actions?

• The British North America Act

• The Canadian Charter of Rights and Freedoms

• Diefenbaker’s 1960 Bill of Rights

• Canada’s Civil Rights Act

Answer explanation

The Canadian Charter of Rights and Freedoms is the primary document that guarantees the rights and freedoms of Canadians against government actions, unlike the other options which do not provide the same level of protection.

What is the focus of international criminal law?

• Peacekeeping operations

• Trade disputes

• Treaty enforcement

• War crimes, genocide, and crimes against humanity

Answer explanation

International criminal law focuses on prosecuting serious offenses like war crimes, genocide, and crimes against humanity, aiming to hold individuals accountable for these grave violations of human rights.

What are the two main standards of review used in administrative law?

• Correctness and procedural fairness

• Correctness and reasonableness

• Reasonableness and fairness

• Fairness and proportionality

Answer explanation

In administrative law, the two main standards of review are correctness and reasonableness. Correctness involves reviewing whether the decision is legally correct, while reasonableness assesses if the decision falls within a range of acceptable outcomes.

Why did Diefenbaker's 1960 Bill of Rights prove disappointing?

• Not entrenched in the Constitution

• Applied to provincial laws

• Covered only private laws

• Judges enthusiastically enforced it

Answer explanation

Diefenbaker's 1960 Bill of Rights was disappointing because it was not entrenched in the Constitution, meaning it lacked the legal strength and permanence to effectively protect rights against legislative changes.

Which test evaluates if a Charter violation can be justified?

• Proportionality Assessment

• Civil Compliance Test

• The Oakes Test

• Legislative Validity Test

Answer explanation

The Oakes Test is used to determine if a Charter violation can be justified by assessing whether the law serves a pressing and substantial objective and if the means chosen are proportional to that objective.

What does opinio juris signify in international law?

• Evidence of customary international law

• A state’s voluntary action

• An agreement to submit to a treaty

• A binding decision of the ICJ

Answer explanation

Opinio juris refers to the belief that a practice is legally obligatory, which is essential for establishing customary international law. Thus, it signifies evidence of customary international law.

What is the purpose of the minimal impairment test in the Oakes Test?

• Verifies the law is not too vague

• Determines if a law is rationally connected

• Balances harmful effects with benefits

• Ensures rights are limited as little as possible

Answer explanation

The minimal impairment test in the Oakes Test ensures that rights are limited as little as possible, assessing whether the law restricts rights in the least intrusive way necessary to achieve its objective.