Posted: August 4th, 2022

Theory, Law, and the Constitution

Theory, Law, and the Constitution
Assignment 1: Theory, Law, and the Constitution Value: 10% Introduction
Assignment 1 deals with the first half of the course, in which we discuss the theory and context for law, as well as the structure of the law in Canada provided by the Canadian Constitution. As such, this assignment will draw from all chapters and legislation covered.
Directions
Please, answer the following questions fully and completely, ensuring to properly cite any sources you may use:
1. Briefly describe the relationship between the law and religion?
2. What is the rule of law and what are some of its basic principles?
3. What is meant by the term bijural nation?
4. What is the principle of stare decisis? Under what circumstances is a precedent found to be either (a) binding, (b) distinguishable, or (c) persuasive?
5. Describethedoctrineofparliamentarysovereigntyanditsrelationtothe
separation-of-powers doctrine as applied in Canada.
6. What is a Crown agent ? Provide an example
7. Explain the purpose of the open court principle and name two exceptions
to it.
8. What is the ratio decidendi of a case?
9. When did the Canadian Charter of Rights and Freedoms come into force,
and how long have the sections been in effect for?
10.If an employee were fired unjustly from their job at Canadian Tire, would
the Charter or a provincial human rights act apply? Explain.
Notes
Each answer should be typed in paragraph form citing appropriate case law and or references where applicable. Your assignment should be a minimum of 2 pages and a maximum of 5 pages typed 12 pt. standard font and double spaced. Title page and reference page excluded.
All references must be acknowledged and failing to do so constitutes plagiarism which will result in a grade of “0” for the paper. Grammar and spelling are important and mistakes will affect the final grade.
Assignment 1: Theory, Law, and the Constitution Value: 10% The paper must follow the Help write my thesis – APA documentation guide as provides indicated by
http://bowvalleycollege.libguides.com/apa-style
This assignment must be submitted electronically on D2L via the Dropbox before the diary date set out in the syllabus. Unless approved by the instructor or Program Chair, all late submissions will receive a “0”.
This assignment is worth 10% of your final grade.

Theory, Law, and the Constitution
1.The relationship between religion and law identity have been a central point of discussion for years, especially in political identity and claim for soverity. The relationship between religion and law is traced back to the colonial period, where the British played an essential role in the constitution. The religious missionaries influenced the development of the constitutional federalism, where some of the constitutional laws are similar to those in the Roman Catholic Church. For instance, the Quebec Act of 1774 and the constitutional act of 1791. The 2013 charter of Quebec values, also known as Bill 60, responds and enhances management and accommodation of religious differences in Canada (Albert, and Cameron, 2017). Bill 60 is the Charter of secularism that neutralizes religion and secularity. However, the law is applied by government officials and denies the public bodies from putting on “ostentatious” symbols.
2. The rule of law is a long-lasting system of governance principles consistent with norms, standards of human rights, that individuals, institutions, private and public sectors are accountable. The rule of law is equally enforced and ensures fairness, public participation in decision-making, legal transparency, and laws’ supremacy. The fundamental and the universal rule of law principles include accountability, just laws, accessible justice, and open government.
3. Bijural nation means a state with two legal traditions, such as civil laws and common laws. Canada is a bijural nation that applies British common laws and French civil laws (Albert, and Cameron, 2017).
4. The principle of stare decisis is a legal approach used by the united states court systems during the ruling process. The principle promotes justice and fairness by ensuring similar cases are judged and approached the same way under similar constitutional law. Under binding circumstances forces the court to adhere to the laws and decisions made previously concerning the same case. In case of persuasive circumstances, the court is required to make changes, follow and adapt to current situations and laws in place.
5. Parliamentary severity is a central factor in the Canadian constitution, where parliamentary privileges should not interfere with legislation. The crown agent and the aboriginal should not interfere with the legislative process, and the parliament should not deny the parties their rights and obligations (Albert, and Cameron, 2017). Canadian courts should balance the powers and protection obligations of the crown and aboriginal while protecting the legislative branch of government. Also, Parliamentary severity is a significant principle in the Canadian constitution balanced against the duty to consult and constitutional order. The post-facto review and another judicial review should adhere to section thirty-five of the Canada constitutional Act of 1982.
On the other side, the crown should consider consultation during the legislative process. Still, if the legislative process is carried out, the crown can proceed with consulting the indigenous people. Since the consultation process affects the aboriginal rights and the law-making process, the court system intervenes to separate the powers equally and supervise the relationship and interaction between them (Albert, and Cameron, 2017). In case a decision is made by the legislature concerning the consultation of indigenous people, the court considers the practice as a matter of discretion.
6. The crown agent controls the relationship between the government and indigenous people. The crown agents receive the right and obligations to govern the relationship between citizens and the government from the court (McWhinney, 2019). According to the Canadian constitution, the crown agent must consult and exercise authority, for instance, the power to enact legislation, but consult for justification analysis and infringement.
7. Open court principles focus on public rights and freedom to access court records and court proceedings. The open court, however, fights for public integrity and confidence of the court under various principles. The open court ensures the court maintains justice, a consistent and effective evidentiary process, enlightens the community on the judicial system practices and justice towards citizens, and ensures judicial members, such as judges, promote integrity and maintain justice. The open court operates under freedom of expression as provided in the Canadian Charter of rights and freedom( Aggarwal, 2019). The open court is exempted from the Dagenais/Mentuck test, wherein the effect of salutary is above the deleterious effect on public right of expression and interest. Also, if the order is essential and making the order would prevent an individual risk from happening.
8. The ratio decidendi of a case is all the facts and materials involved in the case, including the decision. The decision rationale is based on the legal judgment that includes the law’s slaw’s political, moral, and social aspects.
9. The Canadian Charter of Rights and freedom came into force in 1982, under the constitutional Act 1982. The Canadian Charter is fundamental in the constitution since it protects everyone in Canada, including newcomers (Aggarwal, 2019). Various chapters were added in 1993, which has been sufficient to date with thirty-seven years of experience.
10. The Canadian Charter protects employees under the freedom of association (Aggarwal, 2019).The section protects individuals from powerful and influential entities, such as employment companies through public service employees union, employee rationale Act, and promoting fairness and justice to employees.

References
Aggarwal, A. P. (2019). Fundamental Rights in the New Canadian Constitution. Journal of Malaysian and Comparative Law, 10, 127-152.
Albert, R., & Cameron, D. R. (Eds.). (2017). Canada in the world: comparative perspectives on the Canadian Constitution. Cambridge University Press.
McWhinney, E. (2019). Canada and the Constitution 1979–1982. University of Toronto Press.

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