PAP3365 - MIDTERM EXAM
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School
University of Notre Dame *
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Course
3365
Subject
Law
Date
Jan 9, 2024
Type
Pages
7
Uploaded by DeanOkapiPerson793
Answer the questions on this exam paper.
You must answer all 26 questions. Answer the questions on this examination paper by
highlighting and bolding the answer on your computer. Extra penalty marks are NOT
assigned for answering incorrectly. Only one answer per question is accepted. If more than
one answer is given, the question will be marked as incorrect. If you don’t know an answer,
guess.
1.
Describe what is meant by the following “convention” in law and practice under
our Canadian system of constitutional government: Exercise of executive
authority is governed by the “responsible government” convention by federal
and provincial governments.
Type your answer above. (2 marks)
PAP3365 – Law & Public Administration - Midterm Test – Fall 2023
2.
Before 1982, judicial review of administrative action was based on
a)
division of federal/provincial constitutional powers challenges
b)
statutory interpretation and errors of law challenges
c)
Canadian Bill of Rights
d) a) and b) combined
e)
the Canadian Charter of Rights and Freedoms
Highlight and bold the most correct completion of the above statement.
3. If a provincial court of appeal has decided a term in a statute in a particular way, this
interpretation is binding on a lower level court or tribunal in that province according to
the principle of stare decisis unless it can be distinguished on facts and/or law or the
Supreme Court of Canada (SCC) decides otherwise.
This statement is
TRUE ____
or FALSE ____ . Highlight and bold the appropriate blank.
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4. Municipal councils make bylaws governing conduct within their municipal
boundaries and are limited to powers specifically granted to them by provincial statutes.
This statement is
TRUE ____
or FALSE ____ . Highlight and bold the appropriate blank.
5. Judges of the S.96 superior and appeal courts in each province are appointed by ...
a)
the provincial premier by way of recommendation to the Lieutenant Governor
b)
the federal prime minister by way of recommendation to the Governor General
c)
on recommendation to the Governor General by the Prime Minister after majority
approval of the candidate by the Senate
d)
the Judicial Council of Canada
Highlight and bold the correct completion of the above statement.
6. The rule against fettering discretion means that tribunals at the same level cannot
make any binding rules that would require different panels to make consistent decisions
in similar cases.
This statement is TRUE ____ or
FALSE ____
Highlight and bold the correct answer.
7. When an official or agency fails to carry out a statutory duty, a person affected by
this declining of jurisdiction can seek a judicial review order of mandamus to compel
the official or agency to carry out his/her duty.
This statement is
TRUE ____
or FALSE ____. Highlight and bold the correct answer.
8. The rule against sub-delegation does not apply to a government minister delegating
final statutory authority to public servants in his/her ministry when such delegation is
approved by a statutory provision and a corresponding regulation when so required.
This statement is
TRUE ____
or FALSE ____. Highlight and bold the correct blank.
9. Section 33, the notwithstanding (non-obstante) clause of the Canadian Charter of
Rights and Freedoms gives the right to Parliament or provincial legislatures to override,
for a limited time, court decisions holding that sections of the Charter (such as 2 and 7
to 15) have been violated by Parliament or the provincial legislatures.
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This statement is
TRUE ____
or FALSE ____. Highlight and bold the correct answer.
10. Unless determined to be carrying out a government program by a court, private
corporations are not subject to control by the Canadian Charter of Rights and
Freedoms.
This statement is
TRUE ____
or FALSE ___. Highlight and bold the correct answer
11. Describe how S.96 courts treat privative clauses in provincial legislation, denying
them the power to judicially review their administrative tribunals.
Type your answer above. (2 marks)
.-
12. The Canadian Charter of Rights and Freedoms is the supreme law of Canada and
any law which is inconsistent with it is, to the extent of the inconsistency, of no force and
effect.
This statement of Canadian constitutional law is
TRUE ___
or FALSE ____ . Highlight and
bold the correct blank.
13. If a public official raises expectation that a certain change procedure will be
followed before a benefit will be cancelled or reduced, either by his/her promises or by a
course of action on which people have come to rely, the public official cannot change
this practice by administrative action without further consultation with the people
concerned.
This statement in law is
TRUE ____
or FALSE ____. Highlight and bold the appropriate
blank.
14. The positive decision in favour of Mr. Roncarelli in the Roncarelli v. Duplessis case
by the SCC firmly established the constitutional principle of the rule of law in Canada.
This statement is
TRUE ___
or FALSE ____. Highlight and bold the appropriate blank.
15. Section 1 of the CCRF states that federal and provincial laws that infringe Charter
rights, by stating that there are bona fide occupational requirements, are valid if they
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can be demonstrated to meet such reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society
This statement is legally
TRUE ____
or FALSE ____ . Highlight and bold the appropriate
blank.
16. Why is it considered better for citizens to lay complaints for discrimination under
federal and provincial human rights codes than to make complaints under the CCRF?
Type your answer above. (2 marks)
17. The scope of “administrative fairness”, for contractual public servants as decided by
the SCC in Nicholson vs. The Board of Police Commissioners of Haldimand-Norfolk
was limited by which case?
a)
Baker v. Minister of Citizenship and Immigration
b)
CUPE v. New Brunswick Liquor Commission
c)
Dunsmuir v. New Brunswick
d)
Vavilov v. Canada (Minister of Citizenship and Immigration)
Highlight and bold the correct completion of the above statement.
18. When a board finishes a hearing and makes a regulatory decision, except where
allowed a re-opening of a case by statute or a matter is left technically unfinished, the
board members are described as:
a)
ultra vires
b)
intra vires
c)
functus
d)
non obstante
e)
stare decisis
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Highlight and bold the correct completion of the above statement.
19. Board members are allowed to seek legal guidance on a decision from their inside
legal advisers after completing a hearing as long as the legal advisers did not participate
in the actual hearing.
This statement is
TRUE ____
or FALSE ____ . Highlight and bold the appropriate blank.
20. When there are opposing applications for a license, tribunal and regulatory board
members who are members of the same immediate family as one of the applicants
appearing before them must, under administrative law, ...
a)
recuse themselves because of the appearance of bias
b)
declare this relationship and continue to sit on the hearing
c)
step down only if challenged
d)
only step down if an applicants can prove in the hearing before these board members
actual bias in their decision-making
Highlight and bold the correct completion of the above statement.
21. All decisions of Ontario administrative boards and tribunals are subject to a
statutory right of appeal.
This statement is TRUE ____ or
FALSE ____
. Highlight and bold the appropriate blank
22. The Vavilov decision of the SCC held that the common law standards of review for a
court quashing the substantive decision of an administrative tribunal involve the
following considerations:
Type your answer above. (2 marks)
23. Canada could not legally amend its constitution with respect to legal distribution of
federal and provincial powers until ...
5
a)
1867
b)
1926
c)
1931
d) 1982
Highlight and bold the correct answer to the above statement.
24. Depending on the situation, you can challenge a government legal decision in a
number of ways. These ways are ____.
a)
a division of powers violation between federal and provincial governments.
b)
violation of the CCRF, Section 1 - 34
c)
violation of Section 35 “Rights of the Aboriginal Peoples of Canada” in CA 1982
d)
administrative statutory and common law violations
e)
all of the above.
Highlight and bold the correct answer to the above statement.
25. Explain what is meant by the SCC doctrine of reasonable accommodation and
undue hardship in Canadian human rights codes.
Type your answer above. (2 marks)
26. When a governing statute allows a tribunal to submit in writing to Ontario’s
6
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Divisional Court a disputed interpretation question of a particular section of the statute
this legal procedure is called ...
a)
a judicial review
b)
a statutory appeal
c)
a stated case
d)
an advisory option
e)
a reference case
Highlight and bold the MOST correct answer to the above statement.
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