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CONCORDIA UNIVERSITY / Managerial studies / MANA 298 / What are the three components of the quebec legal system?

What are the three components of the quebec legal system?

What are the three components of the quebec legal system?

Description

School: Concordia University
Department: Managerial studies
Course: Business Law
Professor: William francis crooks
Term: Fall 2017
Tags: Law, Law and ethics, Quebec, Concordia, Politics, and ethics
Cost: 50
Name: STUDY GUIDE
Description: This covers everything from chapter 1-4 and the court cases too.
Uploaded: 10/20/2017
8 Pages 56 Views 2 Unlocks
Reviews


CHAPTER 1 


What are the three components of the quebec legal system?



REVIEW QUESTIONS  

a) Why do we need law in society?

b) Whats the difference between substantive and adjective law?

c) Whats the difference between law and justice?

d) What do law and ethics have to do with each other?

e) Whats the difference between public and private law?

f) Whats the difference between civil law and common law?

g) What is litigation and who is involved?

h) How is Federal and Provincial authority divided?


What is sovereignty and why is it the first step in establishing laws?



ANSWERS

a) Why do we need law in society? - Law provides security/peace keeping function 

- It punishes those who disturb social order, and compensates the wronged If you want to learn more check out What is damköhler number?
If you want to learn more check out List of countries that belongs to south asia?

- Law enforces standards of conduct

- Law maintains status quo- standards of conduct remain upheld until changed by government - Law allows individuals to live freely but also holds every Canadian responsible with duties Don't forget about the age old question of What are the characteristics of a psychological disorder?

b) Whats the difference between substantive and adjective law? - Substantive Law: Found in civil code, this is the part of law where we can find the substance of our  rights. You can use it to look up what rights you have if someone sells you deficit merchandise, fails to  pay rent, makes damages the property, etc. Substantive law sets out the specific rights and  responsibilities that everyone is bound by. NOTE: MANA298 deals only with substantive law


What kind of cases does the supreme court of canada handle?



- Adjective Law: Found within the Quebec Code of Civil Procedure, helps us understand what  procedures enable you to obtain what is rightfully yours under substantive law. Don't forget about the age old question of What is a scientific process of transforming data into insight for making better decisions?
If you want to learn more check out What is the general relationship between vassals and lords?

c) Whats the difference between law and justice?

Put simply, law is words written on a paper and made official. Justice is the process of applying these laws. Don't forget about the age old question of How to measure externalities?

d) What do law and ethics have to do with each other? - Are supposed to be one and the same  

- Ethics change over time and this helps foster changes in the law system

e) Whats the difference between public and private law?

Private Law: regulates the legal relationship between individual citizens. Compensation includes bodily,  moral and material damages.  

- Contract Law: deals with legal relationships stuff like leases and employment

- Commercial Law: deals with setting up businesses

- Property Law: settles boundary differences with neighbours

- Civil Liberty Law: determines consequences of an individuals negligence

Public Law: governs the legal relationship between citizens and their state/nation/country. Ex: criminal  law, taxation law, highway law, language law and bankruptcy laws. Breach of law leads to punishment  NOTE: MANA298 only deals with private law

f) Whats the difference between civil law and common law?

1. Civil Law: is the fundamental basis is in legislation. These laws/codes are applied to the courts without  taking into account any previous jugements. They must be applied to the letter of the law

2. Common Law: In this society, bias for law is grounded in the principle of precedence. A courts decision  can formulate and declare a new law based on a particular case

NOTE: Canada is based on both common and civil law. Within Quebec, private law it is a civil law based  system, while in other provinces it it a common law based system. Historically this is because the french  brought over their law system from France. When faced with a legal question, lawyers and judges must first  refer to the Civil Code, and then jurisprudence.  

g) What is litigation and who is involved?

- Litigation= Lawsuit: To sue someone is to start legal procedures for obtaining what you think is yours,  with the intention of having a judge listen to your reasons for why it should be yours. The proceed begins  by exchanging paperwork between the two parties that entail what is being demanded and why it is  being denied.  

- Creditor: A person who claims to be owed money/goods/services

- Debtor: a person who owes money/goods/services

- Defendant: A debtor who is sued by a plaintiff

- Plaintiff: A creditor who wins their case

h) How is federal and provincial authority divided?

Federal 

Criminal law

Currency/banking

Immigration

Universities

IT

Provincial 

Property

Ownership

Civil rights

Contracts/sales/leasing

Employment law

CHAPTER 3 

REVIEW QUESTIONS

a) What are the 3 components of the Quebec Legal system?

b) What is sovereignty and why is it the first step in establishing laws? c) How does a law get made? (hint: 3 steps)

d) How is the lawmaking process different in Quebec?

e) What are our six sources of law?

f) What are the four courts in Quebec?

g) What are three trial courts and what size claims do they handle? (hint: answer  in $$ amount)

h) How can the Quebec Appeal Court rule?

ANSWERS

a) What are the 3 components of the Quebec Legal system?  

1. Structure of the lawmaking machinery, some method in which laws are made 2. Law, the rules of behaviour imposed or accepted in the society

3. Administration and enforcement of the laws; making sure laws are followed

b) What is sovereignty and why is it the first step in establishing laws?  Every nation is sovereign. Each sovereign nation can make laws, enforce them, collect axes, make war or  peace, etc. Canada has been sovereign since 1982 with the Constitution Act. This constitution is based off  the British one.  

c) How does a law get made?

- Federal laws are made by parliament. There are three elements to federal parliament: House of  Commons (elected members), Senate (appointed members), and the Queen. 

- STEP ONE: A proposed law must first be introduced by a minister, and if not rejected, it is printed and  distributed in the House of Commons. It is then referred to as a “Bill”. Later, it will be discussed and  debated. A second reading is then done by a committee. This committee will suggest recommendations  and give it back. Finally it is given a third reading by the members and then it will be voted on.  

- STEP TWO: If this Bill passes the third reading, it will be sent to the Senate, where it goes through the  same three readings procedures.  

- STEP THREE: Once the Bill has passed through both the House of Commons and the Senate, it is  ready for Royal Assent, meaning the Queen or her representative signs approval. This Bill now has  become Law!

d) How is the lawmaking process different in Quebec?

- In each province, the laws are made by legislature. In Quebec, the lawmaking mechanism consists of  two elements: The Queen, and the National Assembly. When the provincial government wants to pass a  law, the process is similar to that of federal laws. A Bill is introduced into the National Assembly and must  be read three times. It then has to be signed into law by the Queen (or her representative, the governor  general)

e) What are our six sources of law?

1. The Canadian Constitution is the source of authority with which (most) Canadians wish to be  governed. It is our first source of law. However, it was written in 1867 so it doesn't touch of subjects  like space satellites, internet, aviation, and labour laws. New laws have been developed on these  subjects by the federal and provincial governments, and sometimes by the courts. This is our second  source of law.

2. Jurisprudence: The third source of law found in past cases. These collectively form case law, or  jurisprudence. It is court judgements rendered by judges interpreting statues or making new law if the  statutes are silent. This is how Canadian law is constantly being adapted in our ever-changing world.  Remember that Quebec is not supposed to make law, just to apply and interpret laws made by the  legislature.  

3. Doctrine: The fourth source of law is in doctrines. Doctrines are written commentary on laws.  Highly skilled lawyers and judges usually write articles or books explaining their own analysis of certain  subjects of law.  

4. Customs: Customs or traditions are commonly accepted historical practises used in a particular  community. This is the fifth source of law.

5. Regulations: Regulations are details on how a new law is to be applied and enforced. Regulations are  usually made by some kind of administrative board set up by the government. This the sixth source of  law, and it is rapidly growing.  

- Note: A “code” is also a “statute” but there are subtle differences. A statue deals with only one subject  (such as taxation, insurance, bankruptcy). Statutes written laws adopted by the govt. The Canadian  Constitution is a unique statute. However, a code deals with many subjects in a large area. Some  examples are: the Civil Code of Quebec, and the Criminal Code. An example of a statute is the Quebec  Charter of Human Rights and Freedoms.  

f) What are the four courts in Quebec?

- The Courts of Quebec are The Court of Quebec, the Court of Appeal, the Municipal Courts, and The  Superior Court. Each of these courts have a special jurisdiction over the administration and  enforcement of laws, either geographically or by nature of the case.

g) What are three trial courts and what size claims do they handle?  There are 3 types of Trial court: The Court of Quebec, the Quebec Superior Court, and Small Claims Court.  Generally these cases take 4 years from start to finish.

Small Claims Court: For claims less than $15,000, there is no option for appeal, no lawyers, and a  judge basically acts as an arbitrator. The plaintiff must be an individual or a company with 5 or less  employees. The claim must arise out of a contract or from an accident that resulted in damage.  Court of Quebec: Judges are appointed by the provincial government, claims must be for amount  greater than $15,000 and less than $85,000. This court hears cases such as unpaid municipal or  school taxes or cancelling a lease when the rent is less than $70,000. The court of Quebec has 3  divisions: Civil Division, Youth Division, and the Criminal and Penal Division.  

Quebec Superior Court: Judges are appointed by the federal government, and claims must be for  an amount higher than $85,000.

h) How can the Quebec Appeal Court rule?

- The appeal court can rule in 3 ways:

a) It can allow the lower court decision to stand

b) It can substitute the lower court decision with its own judgement

c) Or it can order that the case be heard once again, from the beginning, by the lower court.  

i) What kind of cases does the Supreme Court of Canada handle?

The Supreme Court of Canada handles cases where human rights or national order are in question, or a  case where a new law must be made (due to a new type of problem that presents itself- such as  cyberbullying). Cases in the Supreme Court are usually heard by all 9 judges and the decision is made by  majority not unanimity. These judges are appointed by the federal government. The right to appeal is only  made by the Supreme Court of Canada. The Supreme Court of Canada does NOT take into account any  amount of money in dispute.

CHAPTER 4 

REVIEW QUESTIONS

a) What does section 1-9.1 in the Quebec Charter of Rights and Freedoms cover? b) What does section 10-20.1 cover?

c) What is section 49 about and what are punitive damages?

ANSWERS 

a) What does section 1-9.1 in the Quebec Charter of Rights and Freedoms cover? Section 1-9 covers fundamental rights and freedoms.  

S1) Juridicial personality: means the law treats everyone the same. This applies to every single person  physically in Quebec, whether it be a tourist, a citizen, a refugee, international student, etc S2) Assistance: Every human who’s life is in peril has the right to ask for aide

S3) Fundamental freedoms: Every person processes fundamental freedoms including freedom of  religion, freedom of expression, freedom of conscience, freedom of peaceful assembly, and freedom of  association

S4) Dignity/honour/reputation: Every person has the right to be protected in dignity, honour, and  reputation

S5) Private life: Every person has the right to a private life (ex. you cant take a photo of someone without  consent)

S6) Property: Every person has the right to enjoy his own property peacefully

S7) Home: A person’s home is inviolable (ex. Police need a warrant to enter your home) S9) Professional Secrecy: Every person has a right to their confidential information S9.1) Reasonable limits: These freedoms are not absolute- must be balanced against society

b) What does section 10-20.1 cover?

Section 10-20.1 covers right to equal recognition and exercise of Rights and Freedoms. These sections  focus on discrimination.  

S10) Discrimination: No one can be excluded based on factor such as race, ethnic origin, civil status,  religion, handicap, language, and age (with the obvious exception of legal drinking age) S11) Harassment: No one can make hateful slogans/symbols/signs based upon factors of discrimination  from S10

S12) Contracting: You cannot refuse anyone goods/services based on factors of discrimination S13) Contractual Clauses: No one may stipulate a clause involving discrimination

S14) Public places: everyone is entitled to public places. This includes not just public parks or hospitals  but also sidewalks, malls, movie theatres, public transportation, national/provincial parks, etc S16/18.8/20) Employment: These sections grant preference to women and minorities in the work force  and allow them to “catch up” to the typically white males. No one may practise discrimination in the respect  of hiring or firing an employee, or when taking job applications. Related: The Affirmative Action Plan  (covered in S86).  

S18.2) Criminal record: No one may penalize anyone else in employment opportunities unless the crime  committed was related to the job in question (or if you're applying to be a judge, as seen in the court  cases!)

S19) Equal salary: Equal salary for equivalent work is not the same as equal pay for equal work S20.1) Risk determinant factors: Deals mainly with pension plans and insurance (ex. young female  drivers pay less insurance than young male drivers)

c) What is section 49 about and what are punitive damages?

S49) This section deals with the enforcement of Rights and Freedoms. Simply put, if anyone interferes  with anyone’s right or freedom recognized by the Charter, section 49 entitles the victim to obtain  compensation for the moral or material prejudice. The person guilty may be condemned to punitive  damages. Punitive damages go above and beyond regular compensation, and are used to punish the  guilty. (ex. Person A sues Person B for $25k for hitting his car, the judge makes Person B pay $25k in  compensation and well as $5k in punitive damages as further punishment).  

COURT CASES

Case 4.1 Court of Appeal

(p78 of textbook)

March 4 2004, Quebec

Names of Parties

Comission Scholaire Marguerite-Bourgeoys VS

Balvir Singh Multani with his son Gurbaj Singh Multani

Facts of case

- Respondant, Gurbaj, 12yrs old, dropped his kirpan at school. He was prohibited from  wearing it again at school.

Legal Issues in dispute

- Freedom of conscience and religion (s2 Canadian charter/s3 Quebec charter) - Equal right of all individuals to enjoy fundamental freedoms(s15.2 Canadian  Charter/s10 Quebec Charter)

Court Judgement

 He was later allowed by CSMB to wear it at school provided that the scabbard was  sewn shut

- The governing board refused this proposal b/c it didn't follow with the schools code  of conduct. Agreed he could wear it made out of another material that made it  harmless

- In 2002, the superior court declared this decision void. Instead said it must be made  out of wood, must be worn under clothes, and that the school could check it at any  time.

Overall rulings for Multani case:

School commission: Refused to allow the boy to wear his Kirpan because it didn't follow the school code of conduct. Quebec Superior Court: Allow the boy to wear his kirpan so long as he complies with 6 conditions: must be worn  under clothing, sheath wrapped in fabric, sewn into clothing, that kirpan is made out of wood, must be reported if lost,  and must have it on his person at all times.

Court of Appeal: Ruled that it was too dangerous to allow.

Supreme Court of Canada: Overturned the court of appeal and said it should be allowed because otherwise it  infringes on religious freedom

Case 4.3, Supreme Court  of Canada

(p90 of textbook)

February 1999, September 9, British Columbia

Judge Mclachlin

Names of parties

BC gov’t and service employees union (on behalf of Tawney Meiorin)

vs

The gov’t of BC represented by a public service employee relations commission

Facts of the case

- Tawney Meiorin was fired as forest firefighter for not meeting fitness test standard - Had to run 2.5km in 11 minutes in her suit- she only did it in 11min49 seconds (pretty  dang close!)

Legal issues in dispute

- Was the aerobic test imposed by the government a BFOR?

- Did the govt improperly dismiss her because the standard of forest firefighters unfairly  excludes women from the industry.

Court judgement

- Arbitrator found her to be unfairly dismissed and ordered her to be reinstated and  compensated because she did not pose a risk to herself or others

- Aerobic test imposed by the goverment failed to meet the conditions of a Bona Fide  Occupation Requirement (BFOR)

Case 4.4, Supreme Court  of Canada

(p99 textbook)

October 2, 2001, Quebec

Name of Parties

Richard Therrien vs Minster of Justice & Attorney general of Quebec & Attorney general of  Ontario&New Brunswick

Facts of the case

- Judge was dismissed from his post

- He got his pardon for a crime commited, five years later he applied to be a provincial  court judge in Quebec in 1991. Mentioned in his interview that he had been arrested but  had gotten a pardon. He didn't get the job. 2+ years later he applied again, didn't get the  job. 3 years later, applied again, didn't mention his criminal past, and got the job - Media released the fact that he had a criminal record, and he was immediately fired.

Legal issues in dispute

- Section 18.2 of the Quebec Charter

- 18.3 of the charter does not apply to the position of a Judge

- Is a judge who has received a pardon for past criminal conviction entitled to rely on  Quebec Charter prohibition on termination of employment

Court judgement

- A judge who received a Pardon for a past criminal conviction is not entitled to rely on the  Quebec Charter prohibition on termination of employment since the position of judge is an  Office and is not considered as employment  

- Therefore, Thierrien lost, b/c a Pardon means nothing when it comes to being a judge, as  a judge must be held to higher standard

Case 4.5 Supreme court  of Canada

(p102 of textbook)

2004, Quebec

Names of parties

Moise Amselem/Gladys Bouhadana/Antal Klein/Gabriel Fonfeder vs

Syndicat Northcrest

Facts of the case

Tenants (4 families)wanted to transform their balconies into prayer huts(succahs), and the  building owner requested they be taken down because it ruined the uniformity and aesthetic  of the building.

Legal issues in debate

- Freedom of religion S.3 of the Quebec Charter VS Reasonable accommodation S.6  - unduly prejudice of the legal rights of the condominium owners as whole - rights of the individual vs. rights of the whole

Court judgement

- 4 judges said no, only common succah allowed in the parking garage (as suggested by the  landlords), but 5 judges (majority) said its a religious freedom, must be allowed without  blocking any fire escapes/windows/doors etc. Tenants win.

Case 4.6, Supreme court  of the US

(p109 of textbook)

April 1, 2003 Michigan USA

Names of parties

Grutter vs  

Bollinger

Facts of the case

 - Woman (Grutter) applies to law school in Michigan, didn't get into law school b/c of  reverse discrimination (claims they reserved seats for minorities and was therefore rejected) - Defence: School says they have valid affirmative action program in place and that it was  applied properly- must prove this  

- Affirmative Action Program is a narrowly tailored program where ethnicity issues is used  as a plus, not a primary factor. Primary factor would be academic, personal statement,  letters of recommendation, etc.

Legal issues in debate

- Discrimination/Reverse discrimination

Court judgement

- The court recognized that the college was following an Affirmative Action plan and was  indeed not guilty of any sort of discrimination, and that applicant simply didn't meet the  criteria to get in.

Reminder from the teacher: 

- Exam is 45min long, 25 mc questions, covers material from ch1,3,4 from all classes - We will have class after the exam! (45 min lecture)

- Bring a pencil and eraser! no pen

- You can bring a dictionary but otherwise this is a closed book exam

GOOD LUCK!

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