Judicial Review in Canada

Description: Judicial Review in Canada: Test your knowledge of the Canadian legal system and the role of judicial review in upholding the rule of law.
Number of Questions: 10
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Tags: canadian law judicial review constitutional law
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What is the primary role of judicial review in Canada?

  1. To ensure the government acts within the limits of its powers

  2. To interpret and apply the laws of Canada

  3. To resolve disputes between individuals and organizations

  4. To create new laws and regulations


Correct Option: A
Explanation:

Judicial review is the process by which courts examine the actions of government bodies to ensure they are acting within the limits of their authority and in accordance with the law.

Which court in Canada has the ultimate authority to conduct judicial review?

  1. The Supreme Court of Canada

  2. The Federal Court of Canada

  3. The Provincial Superior Courts

  4. The Municipal Courts


Correct Option: A
Explanation:

The Supreme Court of Canada is the highest court in Canada and has the final say on all matters of law, including judicial review.

What is the principle of legality, and how does it relate to judicial review?

  1. The principle that all government actions must be authorized by law

  2. The principle that the government is always right

  3. The principle that the courts should not interfere with the decisions of the government

  4. The principle that the government can do whatever it wants


Correct Option: A
Explanation:

The principle of legality is a fundamental principle of Canadian law that requires all government actions to be authorized by law. Judicial review is the process by which courts ensure that the government complies with this principle.

What are the three main grounds for judicial review?

  1. Error of law, error of fact, and abuse of discretion

  2. Lack of jurisdiction, breach of natural justice, and unreasonableness

  3. Violation of the Charter of Rights and Freedoms, violation of the Constitution, and violation of international law

  4. All of the above


Correct Option: D
Explanation:

The three main grounds for judicial review are error of law, error of fact, and abuse of discretion; lack of jurisdiction, breach of natural justice, and unreasonableness; and violation of the Charter of Rights and Freedoms, violation of the Constitution, and violation of international law.

What is the remedy for a successful judicial review application?

  1. The court can declare the government action to be invalid

  2. The court can order the government to take a specific action

  3. The court can award damages to the applicant

  4. All of the above


Correct Option: D
Explanation:

The remedy for a successful judicial review application can be one or more of the following: the court can declare the government action to be invalid, the court can order the government to take a specific action, and the court can award damages to the applicant.

Which landmark case established the principle of judicial review in Canada?

  1. Roncarelli v. Duplessis (1959)

  2. Re B.C. Motor Vehicle Act (1985)

  3. Hunter v. Southam Inc. (1984)

  4. R. v. Morgentaler (1988)


Correct Option: A
Explanation:

The landmark case of Roncarelli v. Duplessis (1959) established the principle of judicial review in Canada by holding that the courts have the power to review the actions of government bodies to ensure they are acting within the limits of their authority.

What is the role of the Charter of Rights and Freedoms in judicial review?

  1. The Charter is the supreme law of Canada and all government actions must be in accordance with it

  2. The Charter only applies to federal government actions

  3. The Charter only applies to provincial government actions

  4. The Charter does not apply to judicial review


Correct Option: A
Explanation:

The Charter of Rights and Freedoms is the supreme law of Canada and all government actions must be in accordance with it. This means that courts can use the Charter to review government actions and strike down any actions that violate the Charter.

What is the difference between judicial review and an appeal?

  1. Judicial review is a process for challenging government actions, while an appeal is a process for challenging court decisions

  2. Judicial review is only available to individuals, while an appeal is available to both individuals and organizations

  3. Judicial review is only available in federal courts, while an appeal is available in both federal and provincial courts

  4. None of the above


Correct Option: A
Explanation:

Judicial review is a process for challenging government actions, while an appeal is a process for challenging court decisions. Judicial review is available to both individuals and organizations, and it is available in both federal and provincial courts.

What is the significance of the doctrine of precedent in judicial review?

  1. The doctrine of precedent requires courts to follow the decisions of higher courts

  2. The doctrine of precedent only applies to criminal cases

  3. The doctrine of precedent only applies to civil cases

  4. The doctrine of precedent does not apply to judicial review


Correct Option: A
Explanation:

The doctrine of precedent requires courts to follow the decisions of higher courts. This means that lower courts must follow the decisions of higher courts in similar cases. This helps to ensure consistency and predictability in the law.

What are some of the challenges facing judicial review in Canada today?

  1. The increasing complexity of government decision-making

  2. The growing number of judicial review applications

  3. The lack of resources available to courts

  4. All of the above


Correct Option: D
Explanation:

Some of the challenges facing judicial review in Canada today include the increasing complexity of government decision-making, the growing number of judicial review applications, and the lack of resources available to courts.

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