Contemporary Canadian Business Law 12th Edition by John A Willes solution manual

Summary                                                                                         
Key Terms                                                                                        
Review Questions                                                                             
Mini-Case Problems                                                                          
Case Problems for Discussion
 
 
Chapter Objectives
The rights and obligations of businesses and business persons stem from the
law and our legal system. After study of this chapter, students should be able to:
 
• Describe the sources, role and development of Canadian law.
• Distinguish between statute and Common Law, and describe the
  significance of stare decisis.
• Recognize matters of federal versus provincial jurisdiction.
• Describe the fundamental rights and freedoms set out in the
  Charter of Rights and Freedoms.
 
CHAPTER COMMENTARY
 
Chapter 1 is introductory in nature, and provides a general background concerning the nature of law, how laws developed, the general need for some rules to govern the behaviour of individuals, and the establishment of the various fundamental rights and duties of persons in society.
 
   In class discussion, special emphasis should be placed upon both the sources of law and the classification of laws in order that students may have a clear idea of what they are and where they may be found. Many students fail to realize that the Common Law represents a large body of law, and the scope and application of this source of law should be emphasized in class discussion of the chapter.  The text description of the development of the law and the rise of the courts is intended to be read as a historical introduction to give students an appreciation of where our laws came from, and how they were developed.  In the context of the courts and the law, the doctrine of stare decisis should be noted, and its purpose and application discussed with emphasis on the need for "predictability" in the application of the law to cases that come before the courts.  It would be worthwhile to note as well that some judges of the Supreme Court of Canada have expressed the view that they, as judges of the highest court in the land, do not consider themselves bound by the doctrine, but would only change a common law rule where it had become inappropriate in a modern social setting. 
 
   Chapter 1 also provides a general outline of the nature of a constitution and its function in a democratic society.  Reference is made to the "constitution" of the United Kingdom and the constitution of the United States as a basis for discussion of, and comparison with, the Canadian Constitution. The role of the courts as the chief interpreter of the constitution is also noted and should be emphasized in any class discussion of the enforcement of rights under the Charter. On this point, the doctrine of judicial review should be explained to illustrate how the rights of both governments and individuals set out in the constitution may be enforced. As an approach to teaching this part of the chapter, a systematic examination of the fundamental rights and freedoms may be made with the class requested to provide a fact situation related to a freedom or right, and then have the class speculate as to how the Charter might be interpreted by the court as it relates to the matter. With each fundamental right or freedom it is important to emphasize that the freedom or right must be viewed in the light of s.1 which makes the right "subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society," and not absolute. The "notwithstanding" clause (s. 33) which permits legislatures or parliament to override the Charter rights should be noted as well. On this point, reference may be made to the Court Decision in the Chapter (Ford  v. Quebec (Attorney General), 1988 CanLII 19 (SCC)) which held Quebec's Bill 101 unconstitutional with respect to public signs.  Students should note that the province of Quebec used s. 33 to override this decision of the Supreme Court of Canada and passed Bill 178 to require "French only" signs on all Quebec businesses.  Students should also examine RJR-MacDonald Inc. and Imperial Tobacco Ltd. v. Canada, 1995 CanLII 64 (SCC) in the Chapter for an additional example of the views of the Supreme Court on the Government of Canada's attempts to virtually ban advertising on tobacco products.