Contemporary Canadian Business Law 12th Edition by John A Willes solution manual
What impact does the Canadian Charter of Rights and Freedoms have on rights and freedoms not mentioned specifically in the Charter? Could these "other rights and freedoms" be curtailed or extinguished by governments?
Answer: The Charter recognizes the existence of other rights and permits them to continue except where they conflict with Charter rights and freedoms. Rights outside the Charter do not have Charter protection, and may be abolished or encroached upon by governments.
What is the difference between a "right" and a "privilege"?
Answer: A right is an act that may be done with impunity and with the support and recognition of the state. The state recognizes a right as something which neither it nor others may deny. A privilege is something which the state allows or permits under specific circumstances at the pleasure of the state.
Why are "rights" and "duties" often considered together when one thinks of laws?
Answer: Because "rights" often permit a person to do something that interferes with others, laws generally include obligations or duties on the person possessing a right to exercise the right in a particular way to minimize interference with others. Laws may also include duties on those affected by the exercise of a right to permit the right to be exercised.
Could a society exist without laws? If not, why not?
Answer: A complex society certainly could not exist without laws, as some means of regulating the activities of people would be necessary to maintain order. Even in a primitive society, rules regulating fairness in vengeance matters were necessary.
"Advanced civilizations are generally characterized by having a great many laws or statutes to control the activities of the citizenry." Comment on the validity of this statement.
Answer: This is a valid observation. Advanced civilizations are characterized by persons engaged in activities which involve a great deal of social contact and interaction. Historically, they have also involved many people living in close proximity to each other (in cities). Each type of social interaction usually requires some legislative control, hence, the more interaction, the more laws that are required.
On what basis are Charter fundamental rights and freedoms open to restriction by Parliament or the provincial legislatures?
Answer: Fundamental rights and freedoms may be restricted under s. 1 if the restriction can be shown to "be demonstrably justified in a free and democratic society." Rights and freedoms may be "temporarily" overridden by the "notwithstanding" clause (s. 33) as well.
Why is the doctrine of stare decisis an important part of the Common Law system?
Answer: The doctrine of stare decisis is the theory of precedent. Judges are expected to apply previous decisions to similar cases which come before them in order to maintain a degree of consistency in the law. By following this doctrine, the law is not only consistent, but others can predict how the law may be applied in similar.
How does the Common Law differ from the principles of equity? From statute law?
Answer: Common Law and equity have different roots. The common law was the product of the common law courts. The principles of equity were originally principles or rules which the King applied in settling disputes which did not fall within the jurisdiction of the common law courts. Later, the King's Court (Chancery) used the same and other principles in order to provide fair and just results. At present, the courts may apply both common law and equity, but where conflict exists, equity prevails. Equity differs from statute law in the sense that statute laws are written or codified laws, whereas the principles of equity are found in the recorded judgments of the courts.