Question 1

Which of the following is not a rule of natural justice?
A) A person affected by a decision must be notified that the decision is to be made.
B) A person must be given an opportunity to put her side forward.
C) A person must be given the opportunity to cross-examine a witness or complainant if that is the only way to defend herself.
D) A person must be allowed to retain a lawyer.
E) The decision maker must be impartial.

Accepted Answer

The rule that a person must be allowed to retain a lawyer is not a rule of natural justice, but rather a right conferred by law in many jurisdictions. Natural justice primarily concerns fair and unbiased decision-making processes, which includes the other options listed.

Question 2

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which one of the following would not be a ground upon which the decision of that clerk could be challenged?
A) The clerk, who was the only one to have reviewed the evidence, left the decision up to his secretary to make.
B) The clerk acted beyond the powers given him in the statute and regulations by considering matters not authorized in those enactments.
C) The clerk owned his own large truck that operated in competition with Joe in the same small community.
D) The clerk exercised a discretionary power given to him under the legislation.
E) The clerk decided that not enough women were doing this kind of job, and since Joe was a man, the licence was not renewed to correct the imbalance.

Accepted Answer

The clerk exercising a discretionary power given to him under the legislation would not be a ground for challenging the decision, as long as the discretion was exercised within the bounds of the law and not for improper purposes.

Question 3

Which of the following is false with regard to administrative law?
A) A writ of certiorari renders the decision of an inferior body as having no legal effect.
B) A writ of mandamus can force the administrator to perform his or her duty.
C) If a person's rights have been violated by an administrative tribunal, he can go to the courts for a judicial review, which is not truly an appeal, but merely a request for the court to exercise its supervisory jurisdiction.
D) A privative clause will always successfully prohibit the courts from reviewing a decision made by a tribunal.
E) A court can exercise its right of judicial review when an error of law on the record has been made.

Accepted Answer

This statement is false because a privative clause does not always successfully prohibit the courts from reviewing a decision made by a tribunal. In some cases, the courts may still exercise their right of judicial review even if there is a privative clause in place.

Question 4

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?
A) Joe, a landlord, applied to the appropriate board for relief from certain restrictions under the residential tenancy act. His request was refused. To his surprise, at the beginning of the session, one of the board members declared that he was the father of one of his tenants. He did this so that the all parties would be aware of any bias he might have and not be affected by it.
B) Joe, a student, was refused a graduate research grant to study the Muslim religion by a government funding body because it was inappropriate, Joe being Jewish.
C) Joe was applying for a government student loan and was refused because he was not registered in a recognized program. The regulations set out what constituted a recognized program, but the statute creating the loans program was silent with respect to this restriction. Joe asked the loans officer about this and was told this regulation did not have to be specifically authorized by statute.
D) Joe operated an art gallery and had a showing of very controversial nude photos of children. He was prosecuted and fined under a municipal bylaw that made it a crime to show pornographic material anywhere in the municipality.
E) Joe applied for a liquor licence for his night club. His application was denied on the grounds that he did not complete the application form and pay the prescribed application fee.

Accepted Answer

The answer of In which one of the following situations...

Question 5

In Baker v.Canada,the Supreme Court of Canada ruled which of the following decisions?
A) The Court set aside the decision, and ordered another hearing be held since there was a reasonable apprehension of bias.
B) The Court set aside the decision because the hearing had violated the Charter of Rights and Freedoms.
C) The Court confirmed the decision because the immigration officer had acted appropriately.
D) The Court confirmed the decision because the process followed by the hearing was proper in the circumstances.
E) The Court declined to hear the case, because Courts have no authority review board decisions.

Accepted Answer

The Supreme Court of Canada in Baker v. Canada set aside the decision and ordered another hearing, emphasizing the importance of procedural fairness in the administrative decision-making process, particularly in immigration matters where the stakes are high for the individuals involved.

Question 6

Sandamali had been running a business in a small municipality for a number of years.She wasn't always up to date on the relevant legal issues facing her business,but she always acted ethically and treated her customers well.After a number of notices from the municipality went unanswered,Sandamali had her business licence withdrawn.Which of the following would not be grounds upon which she might challenge the decision?
A) The legislation was intra vires.
B) The regulations relied on were not authorized by statute.
C) The legislation was an attempt by the provincial government to pass criminal law legislation under the guise of a provincial power.
D) The legislation was invalid under the Charter of Rights and Freedoms.
E) The provincial government did not have authority to pass the legislation under section 92 of the Constitution Act, 1867.

Accepted Answer

The term "intra vires" means within the powers of the body that enacted the legislation, implying that the legislation was properly enacted within the legal authority of the municipality or relevant government body. Therefore, arguing that the legislation was intra vires would not be a ground to challenge the decision, as it suggests the legislation was valid and within legal authority.

Question 7

A requirement of the rules of ___________ is that the decision be made by the persons hearing the evidence.
A) fundamental justice
B) procedural fairness
C) procedural justice
D) natural justice
E) ADR

Accepted Answer

The requirement described in the question is a part of the principles of natural justice. Natural justice includes the right to a fair hearing, which requires that the decision-maker be impartial and unbiased, and that the decision be made based on evidence presented to them. It also includes the rule against bias, which ensures that the decision-maker has no personal interest or connection to the case being heard.

Question 8

When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?
A) mandamus
B) certiorari
C) declaratory judgment
D) prohibition
E) injunction

Accepted Answer

Mandamus is a court order that requires a government official to carry out their statutory duties. If a government administrator refuses to make a decision that they are required to make by statute, a party can file a writ of mandamus in court to compel the administrator to carry out their duties. The other options listed are not appropriate in this scenario. Certiorari is a type of appeal that is used to review decisions made by lower courts. Declaratory judgment is a ruling by a court on a legal question that does not involve any immediate enforcement or action. Prohibition is a court order that prohibits a government official from taking an action. An injunction is a court order that requires or prohibits a specific action.

Question 9

Joe owned a house and wanted to make an addition that would double its size.He applied to the city hall for a building permit but was amazed at a new policy instituted by the engineering department,restricting the size of all buildings to 50 percent of the lot size.This was considerably less than what he wanted,and his request for a building permit was refused.Angry,he decided to proceed anyway.What should Joe do with respect to his legal position?
A) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of mandamus.
B) Joe found out from a friend that on the agenda for the next closed session of council, to be held in two days, was the request for an order to set an example of Joe and to demolish his addition. Joe should go to the court asking for a writ of certiorari.
C) Even if Joe finds out that the city council is planning to take action against him, there is nothing he can do as he did fail to get a permit.
D) If Joe found out that the council had met and decided to demolish his addition, there is nothing he can do now as the decision has been made.
E) If Joe found out that the council had met and decided to demolish his addition, he should apply to the court for certiorari and an injunction.

Accepted Answer

If Joe found out that the city council had met and planned to demolish his addition, he should apply to the court for certiorari and an injunction. A writ of certiorari would allow the court to review the decision made by the council, and an injunction would prevent them from demolishing the addition until the matter is resolved in court.

Question 10

Max operated a video store in a small community,and because of financial problems,decided to show pornographic movies.The citizens were outraged when they learned about the change and demanded that the police close down the store.The police refused,saying there was no law against it.The citizens then persuaded the town council to pass a bylaw making such immoral activities a crime.This was done,and Max was ordered by the police to close down the theatre.Which one of the following accurately describes Max's legal position?
A) He must close down the theatre because the town council has the power to require him to conform with such a provision.
B) He must close down whether or not the town council has the power because, once it is clear that the standards of the community designate a particular business as offensive, that business cannot be allowed to continue.
C) He can stay open because the town council had no power to make such activities a crime.
D) He can stay open but cannot advertise in any way to promote this activity.
E) Because this is a moral matter, no level of government can interfere with his right to operate such a business anywhere he wants.

Accepted Answer

The town council likely does not have the authority to criminalize activities that are not illegal under higher jurisdiction laws, such as state or federal laws.

Question 11

In determining whether or not the decision of an administrative tribunal is subject to judicial review,which of the following would not be a relevant question?
A) Did the tribunal make the same decision that a court would have made?
B) Is the statute that created the tribunal ultra vires under the Constitution Act, 1867?
C) Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms?
D) Is the tribunal acting within the power given to it by statute?
E) Did the tribunal follow the rules of natural justice?

Accepted Answer

The question of whether a tribunal made the same decision that a court would have made is not relevant to determining if its decision is subject to judicial review. Judicial review focuses on legality, jurisdiction, and adherence to principles of natural justice, not on mirroring court decisions.

Question 12

Which of the following is not one of the requirements of natural justice?
A) notice of the hearing
B) an opportunity to present your side
C) the rules of evidence be adhered to
D) the decision be made free from bias
E) the evidence be heard by the person making the decision

Accepted Answer

Rule of evidence is not a requirement of natural justice. Natural justice requires that notice of the hearing be given, an opportunity to present your side, the decision be made free from bias, and the evidence be heard by the person making the decision.

Question 13

A privative clause is which of the following?
A) A privative clause is an attempt to prevent the courts from reviewing the decision of an administrative tribunal.
B) A privative clause is an attempt to restrict the decision-maker powers of administrative tribunals to a closely confined area.
C) Privative clauses restrict certain people from participating in administrative tribunals.
D) The privative clause refers to the section of the Charter of Rights and Freedoms that prevents the Charter from applying to private or non-governmental matters.
E) Privative clauses are those sections of the charter with respect to personal freedoms.

Accepted Answer

A privative clause is a provision in a statute that seeks to limit or preclude judicial review of an administrative decision. It is an attempt to prevent the courts from reviewing the decision of an administrative tribunal.

Question 14

Which of the following statements is correct with respect to the functions of government?
A) The executive branch of government consists of those senior clerks working for the ministers.
B) The legislative branch of government consists of the federal Parliament and the provincial legislative assemblies.
C) The judicial branch of government consists of the police forces and the RCMP.
D) The executive branch of government consists of the federal Parliament and the provincial legislative assemblies.
E) The legislative branch of government consists of those senior clerks who are responsible for proposing and drawing up new legislation.

Accepted Answer

The correct statement is that the legislative branch of government consists of the federal Parliament and the provincial legislative assemblies. This is because the legislative branch is responsible for making laws, and the Parliament and legislative assemblies are the bodies that have the power to do so in Canada. The other choices are incorrect: the executive branch consists of the ministers and their staff, the judicial branch consists of judges and courts, and senior clerks do not constitute a branch of government.

Question 15

Which of the following statements regarding administrative law is true?
A) Administrative tribunals are part of the legislative branch of government when they make rules, and are part of the judicial branch of government when the hold hearings.
B) A government bureaucrat acting in a regulatory capacity can do anything incidental to the performance of her job.
C) As long as government agents administer government policy, individuals have no right to challenge their authority.
D) Administrative tribunals include labour relations boards, human rights commissions, and workers' compensation boards.
E) Administrative tribunals tend to be less efficient, slower, and more costly than the courts.

Accepted Answer

Administrative tribunals such as labour relations boards, human rights commissions, and workers' compensation boards are all examples of bodies that fall under administrative law. Option A is incorrect because administrative tribunals are not part of the legislative branch of government. Option B is incorrect as government bureaucrats acting in a regulatory capacity cannot do anything incidental to the performance of their job, but must act within the bounds of the law. Option C is incorrect as individuals always have the right to challenge the authority of government agents administering government policy. Option E is incorrect as administrative tribunals are often seen as more efficient and cost-effective for resolving disputes than traditional courts.

Question 16

Consider the following statements with respect to the exercise of governmental powers.Identify the false statement.
A) Before a government agency can take action that interferes with someone's rights, legislation must have been passed to permit that action.
B) The exercise of governmental power is subject to a number of constitutional limitations.
C) The doctrine of parliamentary supremacy (i.e., the unrestricted right to legislate) has been modified by the addition of the Charter of Rights and Freedoms.
D) The power of government officials to interfere with individuals' rights derives from their status and operates independently of any legislation.
E) Statutes often restrict the power of government officials.

Accepted Answer

This statement is false. The power of government officials to interfere with individuals' rights does not operate independently of any legislation. It must be based on specific legislation that authorizes the interference.

Question 17

Jones operated a local movie theatre in a small town that had fallen on hard times.As a last ditch effort to attract customers,he decided to show pornographic movies.From the week the change was made,the theatre had to turn away customers on a regular basis.The local town council was quite upset,however,especially since a number of them represented a conservative and religious constituency.They decided to take away the licence of the theatre but were quickly informed that they did not have the power to do that.They then decided to increase the licence fee from the regular $50 per year to $15 000 per year.Jones was notified of the fact that this course of action was being considered,and he was given a chance to appear before the council to state his case.He did so,but the council decided to go ahead with the decision in any case.This,of course,would force Jones out of business,and so Jones,after exhausting any local remedies and appeals,took the matter to court.Which of the following accurately indicates the legal position of the parties?
A) Jones will be successful and will seek an order of mandamus.
B) Jones will be successful since this is an attempt by a municipal council to pass criminal law, which is under federal jurisdiction.
C) The municipal council's decision will stand since this is a proper use of their licensing power.
D) Jones will be successful and will seek an order of prohibition.
E) Jones will not be successful since the decision has been made and he has exhausted his remedies.

Accepted Answer

The municipal council's decision to increase the license fee to an exorbitant amount is likely an attempt to regulate or prohibit the showing of pornographic films, which could be seen as an attempt to pass criminal law. Criminal law is under federal jurisdiction, not municipal.

Question 18

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ____________".
A) fair hearing
B) procedural fairness
C) fundamental justice
D) natural justice
E) the Supreme Court

Accepted Answer

Section 7 of the Charter requires that any decision depriving a person of their right to life, liberty, or security of person must be made in accordance with the principles of fundamental justice. This means that any decision must be fair, just, and in accordance with the basic human rights protected by the Charter. The other choices, such as fair hearing, procedural fairness, natural justice, and the Supreme Court, may all be relevant to the overall concept of justice, but they do not specifically address the principles of fundamental justice required by Section 7 of the Charter.

Question 19

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?
A) The power of the Parliament and the provincial legislatures is now supreme in the areas assigned to them under the Constitution.
B) The federal Parliament is now supreme and can override anything done by the provincial legislatures or the courts.
C) Under the Charter of Rights and Freedoms, the Supreme Court can declare some things done by both levels of government unlawful.
D) Now in Canada there is an effective system of checks and balances where the Prime Minister on some occasions can overrule decisions made by Parliament or the Supreme Court of Canada.
E) With the passage of the Charter of Rights and Freedoms, the Parliament of Canada has become Canada's final court of appeal.

Accepted Answer

The passage of the Charter of Rights and Freedoms introduced judicial review, which allowed the courts (including the Supreme Court of Canada) to declare some actions by both levels of government as unconstitutional and therefore unlawful. This means that parliamentary supremacy was affected in that the power of Parliament and provincial legislatures is not absolute and can be reviewed by the courts. However, it does not mean that the federal Parliament has become supreme over the provincial legislatures or that the Prime Minister can overrule decisions made by Parliament or the Supreme Court.

Question 20

Sam operated a restaurant and George,a health inspector,visited the premises.Finding that one of the waiters had AIDS,George ordered the restaurant closed,using a section of the regulations allowing such closures to prevent the spread of contagious diseases.Sam was very unhappy about the loss of business but didn't want to fire his waiter.He looked up the statutes and regulations governing this area and discovered that the statutory definition of contagious disease would not apply to AIDS,even though AIDS had been specifically included in the regulations.Which of the following is incorrect with respect to Sam's legal position?
A) Sam can reopen the restaurant.
B) Sam can bring a court action for certiorari to have the decision of the health inspector quashed.
C) If there is a privative clause in the statute making the decision of the health inspector final, there is nothing Sam can do.
D) Sam can ask for an order of prohibition to prevent any similar action in the future.
E) Sam can challenge the action even though the closure was authorized in the regulations.

Accepted Answer

EOption C is incorrect because even if there is a privative clause, courts can still review decisions for jurisdictional errors or if they are made in bad faith. Option E is correct because regulations that contradict the statute they are derived from can be challenged in court, as statutes take precedence over regulations.

Quiz 3: The Resolution of Disputesthe Courts and Alternatives to Litigation

Which of the following is not a rule of natural justice?

Joe approached a provincial government clerk and applied to renew his licence to operate a heavy multi-axle truck on the highways.His application was refused.Which one of the following would not be a ground upon which the decision of that clerk could be challenged?

Which of the following is false with regard to administrative law?

In which one of the following situations would Joe not be successful in his challenge of the decision of the board or tribunal?

In Baker v.Canada,the Supreme Court of Canada ruled which of the following decisions?

A requirement of the rules of ___________ is that the decision be made by the persons hearing the evidence.

When a government administrator refuses to make a decision that she is required to make by statute,which of the following remedies is the appropriate one to obtain from the courts?

In determining whether or not the decision of an administrative tribunal is subject to judicial review,which of the following would not be a relevant question?

Which of the following is not one of the requirements of natural justice?

A privative clause is which of the following?

Which of the following statements is correct with respect to the functions of government?

Which of the following statements regarding administrative law is true?

Consider the following statements with respect to the exercise of governmental powers.Identify the false statement.

Section 7 of the Charter states that everyone has the right to "life,liberty,and the security of person," and it requires that all decisions depriving a person of them must be made "in accordance with the principles of ____________".

Which one of the following statements is correct with respect to how the passage of the Charter of Rights and Freedoms affected parliamentary supremacy?