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Explain Why The Provincial Government Can Combine Two Adjacent Provinces

692 Words3 Pages

1. Explain why the provincial government can combine two adjacent municipalities within the province into a single city more easily than the federal government can combine two adjacent provinces into a single province. Municipalities only have power because it is delegated to them from the provincial government. They, unlike provinces, do not have power set out in the Constitution Act, 1867. Due to this, it would be easy for the provincial government to combine to adjacent municipalities. They would pass a law to amalgamate the two municipalities and there would not be any recourse for the municipalities. In order to combine two adjacent provinces into a single province, the federal government would have to make an amendment to the Constitution …show more content…

Briefly describe the TWO different roles that courts play in Canada. The two different roles of Canadian courts are to make decisions on disputes and appeals or judicial review. The function of the court systems it to uphold the rule of law, resolve disputes, and test and enforce the laws in a fair and rational way. The court needs to be independent from the other aspects of the government, otherwise the decision can be influenced by the government and not based solely on the law and fact. Appeals or judicial review are processes that allows courts to supervise and double check the decisions of lower courts and tribunals. Power has been delegated down to the lower courts and especially the tribunals, and we need processes like these to ensure the fair use of power. The most important aspect of this is to offer legal recourse when there has been a legal error or a misuse of power. 3. What is the difference between an adversarial hearing and an inquisitorial …show more content…

The parties decide what evidence to present, what witnesses to call, and how to question them. The judge is to be a neutral during the process and uphold the principles of fairness and equality, although he does make determinations of fact and law. The adversarial system is usually found in places with a common law system. In an inquisitorial hearing, the judge has a more prominent and active role in regards to evidence and questioning the witnesses. The inquisitorial system is typically found in places with a civil law system. Another major difference between the two systems is how precedent binds the court. In the adversarial system, decisions from a higher court set a precedent and bind the court. However, in the inquisitorial system, a judge is usually able to make decisions on a case by case basis. 4. If you believe that my negligence has caused you damage, you can take me to court in a civil trial to determine whether I should pay you compensation. In all parts of Canada (except Quebec), there is no legislation or statute that defines what “negligence” is. How would a court (outside Quebec) determine what definition to

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