Question 1

A provincial government recently enacted a statute that established a scholarship for "Aboriginal students who are enrolled at Canadian universities." Melissa, a university student whose ancestors were all born in England, believes that the scholarship is unconstitutional because it unfairly discriminates against her on the basis of her race.If Melissa brought that complaint to court, a judge would likely say that

Accepted Answer

A) the scholarship presumably is unconstitutional because it discriminates on the basis of race, and that it can be saved, if at all, only under section 1 of the Charter. 
B) the scholarship is unconstitutional because the federal government has exclusive jurisdiction over education as a result of section 92 of the Constitution. 
C) the scholarship is valid under section 15(2) of the Charter because it is aimed at improving the conditions of a disadvantaged group. 
D) because Canadian universities are private institutions, the facts do not reveal any government action that could possibly trigger the Charter's provisions. 
E) Melissa is entitled to participate in the scholarship scheme because she is a woman and because the Charter prefers rights based on sex to rights based on race.

Question 2

Howard is a manager with Rogue Used Cars Inc.He and the company have both misbehaved.The police have laid charges concerning a white collar crime and a corporate crime.Describe the differences between those two types of crimes.

Accepted Answer

The answer of Howard is a manager with Rogue Used...

Question 3

Which of the following statements is TRUE?

Accepted Answer

A) The prime minister is the person who leads the party that has the most number of senators. 
B) Before a bill becomes a federal law, it must receive royal proclamation, which is given by the Lieutenant General on behalf of the Queen. 
C) In Parliament, a bill cannot become a law unless it has passed through four readings in the House of Commons and four readings in the Senate. 
D) Regulations, statutory instruments, ordinances, by-laws, and orders-in-council are types of subordinate legislation. 
E) In Parliament, a bill can become a law only if it is supported by at least two-thirds of senators.

Question 4

Identify and briefly explain four areas of public law.

Accepted Answer

The answer of Identify and briefly explain four areas of...

Question 5

Which of the following statements is TRUE with respect to the Charter?

Accepted Answer

A) It was introduced in 1982. 
B) It is a federal statute. 
C) Because it is intended to protect people's rights and freedoms, it severely limits the grounds upon which courts can strike down laws. 
D) It only applies in favour of a government or a government actor. 
E) It applies to federal laws but not provincial laws.

Question 6

The rights and freedoms contained in the Charter are limited

Accepted Answer

A) to cases involving interactions between different governments. 
B) to human beings, with the result that the Charter cannot work in favour of a company. 
C) by the ability of a federal or provincial government to invoke the notwithstanding clause only in relation to the rights and freedoms in section 2 or sections 7 to 15 of the Charter, and the general limitation of those limits demonstrably justified in a free and democratic society pursuant to section 1. 
D) to situations in which the government created a law in bad faith. 
E) to cases involving substantial amounts of money.

Question 7

Gamma Co has discovered that one of its products is potentially dangerous.That danger, however, is not great.There is only a small chance that someone will be hurt, and even if someone is hurt, the injury will not be life threatening.Gamma Co therefore has decided to do nothing about the danger.It has employed a form of risk management known as

Accepted Answer

A) risk ignorance. 
B) risk aversion. 
C) risk displacement. 
D) risk harmonization. 
E) risk acceptance.

Question 8

The Government of Canada thinks that Harpreet has purposefully misfiled his taxes in order to pay less.The Government will pursue Harpreet under

Accepted Answer

A) public law - the government will use both criminal and tax law. 
B) common law - the government will sue Harpreet for the tort of negligence. 
C) civil law - but only if Harpreet lives in Quebec. 
D) public law - Harpreet can be tried under tax law, but not criminally. 
E) private law - public law can be applied to a government, but not a private citizen.

Question 9

The Charter includes (among other things) rights regarding

Accepted Answer

A) mobility, housing, and equality. 
B) contracts, sexual orientation, and religion. 
C) ownership, expression, and association. 
D) equality based on religion, age, and ethnic origin. 
E) Aboriginals, multiculturalism, and accommodation.

Question 10

Identify and briefly explain the remedies that a judge may award after finding a Charter violation.

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The answer of Identify and briefly explain the remedies that...

Question 11

Theta Motor Co manufactures the Presto, which is a type of compact car.It has discovered a design defect that affects the Presto.Identify and briefly explain situations in which it would be appropriate for the company to manage the risk by: (a) avoiding it, (b) reducing it, and (c) accepting it.

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The answer of Theta Motor Co manufactures the Presto, which...

Question 12

The premier of your province wants to invoke the notwithstanding clause in order to avoid the consequences of a recent decision by the Supreme Court of Canada.Before trying to do so, however, the premier wants to know as much as possible about the notwithstanding clause.Which of the following statements is TRUE?

Accepted Answer

A) The notwithstanding clause cannot be invoked unless the relevant people are willing to amend the Constitution. 
B) If the notwithstanding clause is invoked, it will have effect for 10 years, after which it will lapse unless it is reapplied. 
C) The notwithstanding clause can be invoked by the federal government but not by a provincial government. 
D) The notwithstanding clause can be used against equality rights but not against mobility rights. 
E) The notwithstanding clause has been invoked frequently in the western provinces but not in Ontario.

Question 13

The notwithstanding clause

Accepted Answer

A) is contained in section 1 of the Charter. 
B) is applied to Canadian laws regularly. 
C) must be reinvoked every ten years in order to remain in effect. 
D) can be applied with respect to each and every the right and freedom contained in the Charter. 
E) is seldom used by governments because it involves a potentially controversial political decision to override fundamental rights and freedoms protected by the Constitution of Canada.

Question 14

The Canadian legal system contains various types of laws.It occasionally is necessary to consider the relationship between two or more areas of law.Which of the following statements is TRUE?

Accepted Answer

A) Because they deal with different types of rules, it is impossible for criminal law and tort law to ever apply to the same set of facts. 
B) Because they involve obligations that arise from different sources, it is impossible for tort law and contract law to ever apply to the same set of facts. 
C) "White collar crime" is a misleading phrase because the relevant concepts arise in tort law rather than criminal law. 
D) The relationship between an employer and an employee is governed entirely by the law of contract. 
E) A lawyer who provides careless services usually is sued in both tort and contract because the lawyer owes the client a duty of care to not be careless and is also bound by the terms of the contract with the client not to be careless.

Exam 1: Risk Management and Sources of Law