Dental Laws Exam Study Questions and
Correct Answers
The Charter - Fundamental freedoms and rights
1. Democratic
2. Mobility
3. Legal
4. Equality
5. Language
The Charter
- rights are not absolute
- need government actor/action
- differentiated from Human Rights legislation
Three types of non-constitutional law?
1. Statutes and regulations
2. Common law
3. Civil law
Statutes
Law created by Parliament and by the Legislatures
- prohibitions, benefit schemes, obligations, protections and regulation of a profession
or activity
- each province has its own Humans Rights Code
- general framework
What falls under the Human Rights Code in each province?
,1. Race
2. Color
3. Religion
4. Sexual orientation
etc
What has to happen for a statute to become law?
bill must be introduced in Parliament or a legislature and is debated in House (and Senate,
federally), plus the majority vote
Examples of statutes created by federal Parliament
1. Criminal Code
2. Income Tax Act
Examples of statutes which are provincial/territorial legislatures
1. Human Rights Act
2. Nova Scotia Dental Act
3. Personal Directives Act
Regulations
Subordinate/ Delegated legislature
- add provision towards the finer details of the statute
- can change more easily but process not as public
- decided by provincial or federal depending on statute
Examples of regulations under the Dental Act
1. Advertising Standards
2. Compulsory Malpractice Insurance
3. Code of Ethics
4. Discipline and Mandatory Continuing Education
,Common Law
When laws are not governed by statute, but by common law.
- judge made law
- in concerns governed by common law, decisions are made based on prior decisions
- situation specific cases use analogous decisions to derive conclusions
- most countries that empty this adopt legal system from Great Britain
- precedents -> courts required to follow their own previous decisions/decisions of other
judges in rendering decisions
Why do we need Common Law?
- people need to know what behavior is acceptable and what is not
- ensure consistency and predictability in law
- contract law and tort law main areas of common law
Interaction of statutes and common law
- generally statutes override common law
- parliament is sovereign
Civil law
all the rules governing relations between individuals are set out in a single statute, that is,
a Civil code
- Quebec is the only Civil law province, originated from French civil law
- Canada uses common law
Civil Code
Single document in which the legal rules and principles are codified for the Civil law (Quebec)
Two major types of decision-makers in the legal system
1. Courts
2. Administrative bodies
, Courts
headed by legally trained judges
- both provincial and federal bodies can make courts as told in the Constitution
- provinces can make courts and appoint judges
- All provinces have a Supreme court, which are federal courts
- most civil litigation disputes will be held here
- Supreme Court of Canada is federally appointed like other Supremes, head court in Canada
- 9 judges (3 in Quebec, 3 Ont, 2 West, 1 Atlantic)
- Court proceedings use adversary system - 1 neutral and 1 passive decision maker, evidence
from parties, and rules on what is admissible
Administrative bodies
people with expertise in the area whose authority is established by legislation (i.e. Dental
Act) - professions are governed by these
What are the different types of courts
1. Provincial courts (e.g. Nova Scotia Provincial Court)
2. Provincial and Territorial Superior Courts (e.g. Nova Scotia Supreme Court)
3. Provincial Courts of Appeal (e.g. Nova Scotia Court of Appeal)
4. Federal Court, Federal Court of Appeal (e.g. income tax, federal legislation, criminal)
5. Supreme Court of Canada
Examples of Administrative Bodies
- Labour Relations Board
- Human Rights Tribunal
- Nova Scotia Utility and Review Board
- Nova Scotia Provincial Dental Board
Human Rights Law
Correct Answers
The Charter - Fundamental freedoms and rights
1. Democratic
2. Mobility
3. Legal
4. Equality
5. Language
The Charter
- rights are not absolute
- need government actor/action
- differentiated from Human Rights legislation
Three types of non-constitutional law?
1. Statutes and regulations
2. Common law
3. Civil law
Statutes
Law created by Parliament and by the Legislatures
- prohibitions, benefit schemes, obligations, protections and regulation of a profession
or activity
- each province has its own Humans Rights Code
- general framework
What falls under the Human Rights Code in each province?
,1. Race
2. Color
3. Religion
4. Sexual orientation
etc
What has to happen for a statute to become law?
bill must be introduced in Parliament or a legislature and is debated in House (and Senate,
federally), plus the majority vote
Examples of statutes created by federal Parliament
1. Criminal Code
2. Income Tax Act
Examples of statutes which are provincial/territorial legislatures
1. Human Rights Act
2. Nova Scotia Dental Act
3. Personal Directives Act
Regulations
Subordinate/ Delegated legislature
- add provision towards the finer details of the statute
- can change more easily but process not as public
- decided by provincial or federal depending on statute
Examples of regulations under the Dental Act
1. Advertising Standards
2. Compulsory Malpractice Insurance
3. Code of Ethics
4. Discipline and Mandatory Continuing Education
,Common Law
When laws are not governed by statute, but by common law.
- judge made law
- in concerns governed by common law, decisions are made based on prior decisions
- situation specific cases use analogous decisions to derive conclusions
- most countries that empty this adopt legal system from Great Britain
- precedents -> courts required to follow their own previous decisions/decisions of other
judges in rendering decisions
Why do we need Common Law?
- people need to know what behavior is acceptable and what is not
- ensure consistency and predictability in law
- contract law and tort law main areas of common law
Interaction of statutes and common law
- generally statutes override common law
- parliament is sovereign
Civil law
all the rules governing relations between individuals are set out in a single statute, that is,
a Civil code
- Quebec is the only Civil law province, originated from French civil law
- Canada uses common law
Civil Code
Single document in which the legal rules and principles are codified for the Civil law (Quebec)
Two major types of decision-makers in the legal system
1. Courts
2. Administrative bodies
, Courts
headed by legally trained judges
- both provincial and federal bodies can make courts as told in the Constitution
- provinces can make courts and appoint judges
- All provinces have a Supreme court, which are federal courts
- most civil litigation disputes will be held here
- Supreme Court of Canada is federally appointed like other Supremes, head court in Canada
- 9 judges (3 in Quebec, 3 Ont, 2 West, 1 Atlantic)
- Court proceedings use adversary system - 1 neutral and 1 passive decision maker, evidence
from parties, and rules on what is admissible
Administrative bodies
people with expertise in the area whose authority is established by legislation (i.e. Dental
Act) - professions are governed by these
What are the different types of courts
1. Provincial courts (e.g. Nova Scotia Provincial Court)
2. Provincial and Territorial Superior Courts (e.g. Nova Scotia Supreme Court)
3. Provincial Courts of Appeal (e.g. Nova Scotia Court of Appeal)
4. Federal Court, Federal Court of Appeal (e.g. income tax, federal legislation, criminal)
5. Supreme Court of Canada
Examples of Administrative Bodies
- Labour Relations Board
- Human Rights Tribunal
- Nova Scotia Utility and Review Board
- Nova Scotia Provincial Dental Board
Human Rights Law
