The Justice System Chapter 7 Complete Test Bank

CHAPTER 7

The Justice System

Multiple Choice Questions

1. Which of the following is not a central principle of Canada’s justice system?
   1. judicial independence
   2. judicial impartiality
   3. the rule of law
   4. separation of church and Crown
2. What is the right not to be detained without cause or due process known as?
   1. mens rea
   2. habeas corpus
   3. Magna Carta
   4. terra nullius
3. Prior to the introduction of the Charter in 1982, the federal government suspended Canadian’s habeas corpus rights on ________ under the ________.
   1. seven occasions; the British North America Act
   2. three occasions; the War Measures Act
   3. one occasion; the Emergency Act
   4. zero occasions; principle of responsible government
4. Judicial impartiality is the principle:
   1. by which judges are appointed by all-party commissions.
   2. by which judges decide cases based on evidence and an objective interpretation of the law
   3. that requires crown attorneys to prove their case beyond a reasonable doubt
   4. that requires prime ministers to refrain from placing political pressure on attorneys general
5. To guard against the possibility of impartiality, Canadians:
   1. have the right to appeal lower-court judgments, provided they have reasonable grounds to believe the judge acted in a biased manner.
   2. directly elect judges to appellate courts.
   3. directly elect Crown attorneys.
   4. may petition the court to remove a sitting judge.
6. Judicial independence is the principle by which:
   1. Canadians may represent themselves in court if they so choose.
   2. judges are free from political interference when deciding cases.
   3. judges cannot be members of a political party.
   4. judges may adjudicate cases involving provinces separating from Confederation.
7. Which of the following exists as a safeguard to preserve judicial independence in Canada?
   1. sitting judges cannot be prosecuted for crimes
   2. sitting judges cannot be sued in civil rights cases
   3. Justices of the Supreme Court decide which cases they will hear
   4. None of the above
8. What are public laws?
   1. rules governing individuals’ relationships to the state and society
   2. rules governing the relationships between citizens
   3. rules passed by referendum
   4. rules adjudicated in open court
9. What is a legal system based on customs, usage, and precedent known as?
   1. tort law
   2. common law
   3. civil law
   4. None of the above
10. Private law in Canada is built on two distinct legal systems: __________ and __________.
    1. American-style tort law; British-style criminal law
    2. British-style common law; Roman-style civil law
    3. French-style code law; Indigenous legal traditions
    4. English-language courts; French-language courts
11. What is Canada’s legal order that is based on a written code?
    1. common law system
    2. constitutional monarchy
    3. civil law system
    4. conventional law system

1. What is the highest-ranking elected legal officer in a jurisdiction known as?
   1. minister of justice
   2. solicitor general
   3. attorney general
   4. prime minister
2. What is the branch of public law in which judges decide whether a government official or body has acted within its mandate or statutory authority?
   1. common law
   2. civil law
   3. administrative law
   4. constitutional law
3. In Canada, the definition of crimes falls under which jurisdiction?
   1. provincial
   2. federal
   3. municipal
   4. All of the above
4. Restorative justice:
   1. is drawn from Indigenous traditions.
   2. emphasizes repairing relationships between offenders, their victims, and the community.
   3. a set of principles that emphasizes punitive sentences, incarceration, and restitution (i.e. an eye for an eye)
   4. Both A and B
5. A(n) ________ is a lawyer who acts on behalf of the government when deciding how to pursue criminal cases.
   1. special prosecutor
   2. attorney general
   3. defense attorney
   4. Crown attorney

1. Which of the following statements is not correct?
   1. Superior court judges are appointed by the federal government.
   2. The precise names of superior courts vary across the country.
   3. Superior courts hear reference cases from the federal government.
   4. Superior courts preside over divorce cases, serious criminal and civil cases, appeals from lower courts, and review decisions made by provincial agencies, boards and commissions and tribunals.
2. The Supreme Court of Canada consists of ________ justices and one chief justice, and became Canada’s highest judicial authority in Canada in ________.
   1. eight; 1875
   2. thirteen; 1875
   3. two; 1949
   4. eight; 1949
3. The RCMP falls under the direction of which federal portfolio?
   1. minister of public safety and emergency preparedness
   2. minister of public services
   3. minister of justice
   4. attorney general
4. Which of the following statements is correct?
   1. Constitutionally, most policing falls under provincial jurisdiction in Canada .
   2. Most provinces have devolved authority over city policing to municipal governments .
   3. Most provinces contract the RCMP to deliver police services in rural areas.
   4. All of the above
5. Which of the following are areas of federal law that are enforced by the RCMP?
   1. customs and excise
   2. crimes involving fraud or counterfeiting
   3. smuggling
   4. All of the above
6. Which of the following provinces does not operate its own province-wide police force?
   1. Ontario
   2. Quebec
   3. British Columbia
   4. Newfoundland & Labrador

1. What is court-ordered temporary detention for accused offenders awaiting trial?
   1. lock-down
   2. incarceration
   3. remand
   4. community custody

1. Which of the following statements is false?
   1. Canada’s justice system is highly federalized.
   2. Adult incarceration rates in Canada are lower than the United States and Mexico, but higher than many European countries.
   3. The federal government is responsible for the Criminal Code.
   4. The federal government administers the adult criminal system, while provinces maintain their own youth criminal justice systems.

1. Quebec’s civil code contains ________ and serves as a foundation for laws covering all ________ matters.
   1. unwritten rules; public law
   2. ten books; private law
   3. amending formulas; constitutional
   4. written rules; criminal
2. What is a proceeding initiated by the government to seek the court’s opinion on the constitutionality of a piece of legislation known as?
   1. test case
   2. free case
   3. reference case
   4. review case
3. What was Prime Minister Pierre Trudeau responding to when he used the famous line, “just watch me”?
   1. the removal of Canadians’ civil liberties
   2. the establishment of the RCMP as Canada’s national police force
   3. the prospective removal of a Supreme Court justice
   4. the scrapping of Quebec’s civil law system
4. Which of the following does not align with the concept of judicial independence?
   1. judges are afforded security of tenure
   2. judges’ salaries are determined at arms-length from government
   3. politicians are barred from publicly commenting on ongoing cases before the courts
   4. judges are selected by governments
5. Which of the following is a major function that the courts fulfill?
   1. guardianship over the legal system through judicial review
   2. adjudication of disputes between Canadians, their governments, their businesses, and other organizations through court cases
   3. guidance of Canada’s democratic systems through commissions of inquiry
   4. All of the above
6. According to the Supreme Court Act, how many of the nine judges on the Supreme Court must be appointed from Quebec?
   1. at least one
   2. three
   3. no more than four
   4. five
7. What makes the case R. v. Jordan (2016) noteworthy?
   1. It established maximum periods between a person being charged and their trial.
   2. It determined that mandatory minimum sentences were unconstitutional.
   3. It found the prime minister cannot interfere with the prosecutorial independence of the attorney general.
   4. It established that solitary confinement was a cruel and unjust punishment.
8. In Canada, the rule of law:
   1. does not apply to judges.
   2. ensures that any political powers granted to public officials must be conferred by legislation.
   3. applies only to private law.
   4. applies only to public law.
9. In Canada, habeas corpus rights have been removed:
   1. during each of the two world wars
   2. following the 9/11 terrorist attacks
   3. during the H1N1 flu pandemic
   4. All of the above
10. Which of the following developments does not help alleviate the backlog of cases in Canada’s criminal justice system?
    1. the re-instatement of the two-for-one credit for time served in remand
    2. the remedies spelled out in R v. Jordan (1996)
    3. hiring more Crown attorneys
    4. the use of alternative justice mechanisms, like drug treatment courts
11. Which of the following is not an accurate description of judicial impartiality in Canada?
    1. It exists to protect judges.
    2. It is enshrined in the Charter of Rights and Freedoms.
    3. It involves assuming Canadians are innocent until proven guilty.
    4. It means judges must make decisions based on the laws in question and the facts presented.
12. Which of the following facilities does not fall under provincial jurisdiction in Canada?
    1. maximum security penitentiaries
    2. jails
    3. youth detention centres
    4. remand centres
13. What is the main factor determining whether a convicted criminal will spend time in a provincial or federal facility?
    1. the closeness of the facility to his or her home
    2. the length of the sentence
    3. whether the crime committed fell under federal or provincial jurisdiction
    4. the minister of justice’s recommendation to the court
14. Governments have never removed Canadians’ habeas corpus rights:
    1. in the event of domestic terrorism.
    2. outside wartime.
    3. without invoking the notwithstanding clause.
    4. since the October Crisis in 1970.
15. The SNC-Lavalin affair holds lessons in:
    1. the value and risk in fusing the offices of the attorney general and minister of justice.
    2. the challenges of maintaining prosecutorial independence.
    3. the difficulty of separating the politics and administration of justice.
    4. All of the above
16. Which of the following is not a common criticism of the judicial appointments process in Canada?
    1. the screening process for Supreme Court justices is too politicized
    2. judges are selected based on close party ties with the government of the day
    3. unelected senators have too much power in terms of confirming Supreme Court justices
    4. the vetting process falls short of preventing patronage appointments to the bench
17. Commissions like the National Inquiry into Missing and Murdered Indigenous Women and Girls are often chaired by:
    1. ministers of justice
    2. deputy ministers
    3. active or retired judges
    4. National Indigenous Organization leaders
18. Which of the following is not true of justices of the peace in Canada?
    1. they are provincial-level appointees
    2. they provide mediation services between Canada and its international partners.
    3. most are empowered to conduct hearings outside or before formal court proceedings
    4. in larger provinces, they preside over cases involving minor offenses
19. Which of the following initiatives does not help address the overload of Canada’s justice system?
    1. expanding the scope of practice for justices of the peace
    2. expanding the use of restorative justice measures
    3. expanding the use of community custody measures
    4. building larger remand centres
20. Which of the following officials is directly elected to their position by the Canadian people?
    1. the federal attorney general
    2. the Chief Justice of the Supreme Court
    3. Crown attorneys
    4. None of the above
21. When do most Canadian judges leave the bench?
    1. when they reach mandatory retirement age
    2. upon death
    3. after a single term of six years
    4. just prior to a formal investigation into their fitness to serve
22. Which metaphor best describes Canada’s legalized cannabis regime?
    1. a living tree
    2. a patchwork of different provincial frameworks
    3. a seamless blanket of common national regulations
    4. a passport system whereby the laws of one province automatically apply to others
23. How are prospective Supreme Court justices first identified for screening?
    1. by advisory boards
    2. by online application
    3. by caucus vote
    4. by all party committee
24. In which decade did the October Crisis take place?
    1. the 1940s
    2. the 2010s
    3. the 1970s
    4. None of the above
25. Which of the following represents a recent reform to the way Supreme Court justices are selected in Canada?
    1. nominees appear before parliamentary committees
    2. provinces hold nominee elections to create a pool of candidates from which the governor general can choose
    3. justices are appointed to 5-year renewable terms
    4. All of the above
26. The autonomy of the attorney general to make prosecutorial decisions without political interference aligns well with the concept of:
    1. judicial impartiality
    2. civil law
    3. rule of law
    4. common law

True or False Questions

1. Quebec’s private laws are based on the civil code, and its public laws are based on common law.
2. The October Crisis remains the only time in which Canadians habeas corpus rights were suspended outside the two world wars.
3. The decisions of administrative tribunals, like human rights commissions, are final and cannot be appealed in court.
4. Since the 1970s, the federal government has reached a number of tripartite agreements with First Nations bands and provincial governments to establish First Nations police forces on reserve.
5. Private laws are legal rules that impact society as a whole.
6. Common law is based in the notion that judicial decisions represent the common customs of the community.
7. Investigations into the malpractice of Canadian judges are exceedingly rare.
8. Broadly speaking, provincial/territorial governments in Canada have authority over the definition of criminal law, while civil law and the administration of justice are matters of federal jurisdiction.
9. Criminal law falls under the realm of public law.
10. In some provinces, the four roles of justice minister, public safety minister, attorney general, and solicitor general are filled by the same member of cabinet.
11. Judges or juries in criminal cases in Canada render verdicts based on a balance of probabilities.
12. Plaintiffs in civil cases in Canada must prove their cases beyond a reasonable doubt.
13. In criminal cases, the burden of proof rests with the Crown; accused persons are deemed innocent until proven guilty.
14. Criminal laws in Canada only apply to individual citizens, not to private parties such as businesses, unions, interest groups, and other organizations.
15. In each province and territory except Nunavut, there are two levels of courts: provincial/territorial courts, whose judges are appointed by the provincial/territorial justice minster; and superior courts, whose judges are appointed by the federal justice minister.
16. The Tax Court of Canada is administered by both the provincial/territorial and federal governments.
17. Attorneys general and solicitors general are offices of the legislature and their occupants do not attend cabinet meetings.
18. In Canada, Crown attorneys are appointed by governments and not elected by voters.
19. Removal of a federally appointed judge would require a joint resolution by the House of Commons and the Senate, something that has never occurred in Canadian history.

1. Administration of Canada’s correctional system rests entirely within the jurisdiction of the federal government.
2. Quebec’s civil law system deals with both criminal and non-criminal matters.
3. The process of judicial review allows the courts to assess the laws and actions of governments to ensure that they are consistent with constitution.

1. The courts have played a major role in the evolution of Canadian federalism.
2. Judges with active party memberships are ineligible for promotion to a higher court.
3. Provincial governments have devolved the authority to define crimes to the municipal level.

1. The principle of judicial independence allows the Supreme Court of Canada to determine which cases they hear.
2. The principle of judicial independence prevents the removal of a federally appointed judge under any circumstance.
3. The maintenance of Canada’s correctional system is solely a federal responsibility.
4. To preserve judicial independence, the governor general appoints justices directly to the Supreme Court without advice from the prime minister.
5. The federal government appoints superior court judges such that only lawyers from another province are eligible to serve on a jurisdiction’s highest court.

Short Answer Questions

1. Identify and explain the significance of the rule of law in the Canadian justice system.
2. What act replaced the War Measures Act in 1988 and what new stipulations did it contain?
3. Describe three instances in which Canadians’ habeas corpus rights were suspended.
4. How is private law different in Quebec than in the rest of Canada?
5. Identify and explain the key differences between the justice portfolio and the public safety portfolio.
6. What role do Indigenous justice initiatives play in the Canadian justice system?
7. What is civil law, in comparison to criminal law? Describe the court process involved in civil cases.

1. What is the difference between the federal and provincial/territorial governments when it comes to references cases?
2. What is the Supreme Court appointment process and how has it recently become more transparent?
3. How do the Canadian and American justice systems differ with respect to the appointment process for most judges?
4. How have the courts played a major role in the evolution of Canadian federalism?
5. How are seats on the Supreme Court allocated among provinces? What makes Quebec’s allotment unique in this regard, and why is there this requirement?
6. What are the key safeguards in place to protect judicial independence and judicial impartiality?
7. How does a common law system function?
8. What are the differences between public laws and private laws? Provide examples of each.
9. What is a reference case and what purpose does one serve?
10. What is meant by Canada’s police and prison systems being under civilian control?
11. Identify three ways of improving the efficiency of the Canadian justice system.
12. Identify three ways of reducing the differential treatment of Indigenous people within the Canadian justice system.
13. How are judges removed from office?

Essay Questions

1. What are mandatory minimum sentences and what are some of the criticisms of their use in the Canadian justice system?
2. What is the role of the RCMP within the Canadian justice system?
3. Compare the Canadian means of selecting judges to the American approach. Which is better at upholding the core principles of judicial independence, judicial impartiality, and the rule of law?
4. Describe how Indigenous people are treated differentially by the Canadian justice system, and identify areas of reform underway.