The Justice System

The first 10 questions, with answers

Open a question to see the answer and the explanation.

1. 1. In Canada's legal tradition, what does "due process" mean?

   • The government must respect all of the legal rights a person is entitled to under the law
   • A trial must be finished within one calendar year of the arrest
   • Police must obtain written permission from a judge before any arrest
   • A jury must be made up of twelve citizens from the same community

   Answer: The government must respect all of the legal rights a person is entitled to under the law. Due process is one of the inherited principles of Canadian law, and it obliges the state to honour every legal right a person has when it deals with them.

2. 2. Canada's criminal justice system is built on which basic principle?

   • Guilt is determined by the police who lay the charge
   • A person is presumed innocent until proven guilty
   • A conviction requires a confession from the accused
   • An accused person must prove that they are innocent

   Answer: A person is presumed innocent until proven guilty. The presumption of innocence places the burden on the prosecution, so nobody is treated as guilty until the case against them is proven.

3. 3. Which court is the highest court in Canada?

   • The Tax Court of Canada
   • The Federal Court of Canada
   • The Supreme Court of Canada
   • A provincial court of appeal

   Answer: The Supreme Court of Canada. The Supreme Court of Canada sits at the top of the country's court system, above the federal and provincial courts.

4. 4. True or False: A decision of the Supreme Court of Canada can be appealed to a higher court outside Canada.

   • True
   • False

   Answer: False. The Supreme Court of Canada is the highest court in the country, so no other court can overturn what it decides.

5. 5. What kinds of cases does the Federal Court of Canada deal with?

   • Appeals from provincial small claims courts
   • Municipal parking and traffic offences
   • Disputes between neighbours over property lines
   • Matters that concern the federal government

   Answer: Matters that concern the federal government. The Federal Court handles cases arising out of federal jurisdiction, which keeps them separate from the ordinary provincial court stream.

6. 6. Which of the following is described as a purpose of Canada's laws?

   • To provide a peaceful way of settling disputes
   • To set the wages paid to all workers
   • To decide which parties may run for office
   • To choose Canada's head of state

   Answer: To provide a peaceful way of settling disputes. Canadian laws exist to keep order in society, to settle disagreements without violence, and to express the values Canadians hold in common.

7. 7. True or False: In Canada, judges, politicians and police officers must obey the law just as everyone else does.

   • True
   • False

   Answer: True. The rule of law means no one is above the law, whatever office or authority they hold.

8. 8. Which principle inherited in Canada's legal system means that no person or official stands above the law?

   • Parliamentary privilege
   • The rule of law
   • Judicial independence
   • The divine right of kings

   Answer: The rule of law. Canada's legal heritage rests on the rule of law, along with freedom under the law, democratic principles and due process.

9. 9. What is the role of the police in Canada?

   • To choose the sentences given to offenders
   • To write the laws that govern a province
   • To keep people safe and enforce the law
   • To decide the guilt of accused persons

   Answer: To keep people safe and enforce the law. Police enforce the law and protect the public, while courts and judges decide guilt and punishment.

10. 10. True or False: If you are unhappy with the service or conduct of the police, you may question them about it.

    • True
    • False

    Answer: True. Police in Canada are accountable to the public, so people are entitled to ask questions about how officers have behaved or performed their duties.

26 more questions in this chapter open with a free account.