CLU3M Practice Test Suggested Answers 1 PDF

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CLU3M Understanding Canadian Law
Practice Test Suggested Answers
Understanding Canadian Law, CLU3M

Total Marks: 100 Score: ______ %
Part A: Knowledge and Understanding (25 marks)
Choose the correct answer to each of the following questions. (25 marks: 1 mark each)
1. Fatima alleges that Connie has discriminated against her and she files a human rights
complaint. In this case, Fatima is called the ____________________, while Connie is
called the ____________________.
a) complainant, respondent
b) respondent, complainant
c) Crown, accused
d) plaintiff, defendant
2. What was the ultimate judgement made in the case of Pandori v. Peel Board of Education?
a) Sikhs were not allowed to wear real kirpans to school because kirpans are a type of
weapon.
b) The Education Act takes precedence over the Ontario Human Rights Code and
therefore schools have the power to create and enforce dress codes, which included
banning kirpans.
c) School boards are allowed to restrict any clothing and religious articles for students
and staff while on school property to protect the safety and general well-being of
everyone in the school.
d) Sikhs were allowed to wear real kirpans to school under certain conditions.
3. Which of the following statements is FALSE about “undue hardship”?
a) Undue hardship results if an accommodation would cost the employer too much
money.
b) Undue hardship results if an accommodation would result in safety or health risks to

others.
c) An employer does not need to make attempts to accommodate a worker’s needs if

the employer thinks that undue hardship will result.
d) The employer can refuse to make accommodations due to undue hardship, but the
employer must first try to resolve the issue.
TVO ILC CLU3M Understanding Canadian Law
4. What must an employer prove in order to demonstrate that a job requirement is a bona
fide occupational qualification?
a) The requirement was adopted for a purpose or goal that is rationally connected to
performing the job.
b) The requirement was adopted in good faith, in the belief that it is necessary to fulfill
a legitimate work-related purpose.
c) The requirement is reasonably necessary to accomplish the work-related purpose.
d) All of the above
5. What is the meaning of a federal system of government?
a) Law-making responsibilities are given only to the federal government.
b) Law-making responsibilities are given only to the provincial government.
c) Law-making responsibilities are given to the federal government, but the federal
government can choose to delegate some of its powers to the provinces.
d) Law-making responsibilities are divided between the federal and provincial

governments.
6. Which of the following is NOT a component of the Canadian Constitution?
a) The division of powers
b) The amending formula
c) The principle of equalization
d) The Canadian Bill of Rights
7. What is the name of the legal test that courts use to determine whether a Charter
violation is justified?
a) Maple test
b) Juniper test
c) Oakes test
d) Birch test
Copyright © 2018 The Ontario Educational Communications Authority. All rights reserved. 2
8. Lawrence wants to sue Maxine in a civil lawsuit. What document does he need to create,
file, and serve, to start his lawsuit?
a) Statement of Claim
b) Statement of Defence
c) third-party claim
d) cross-claim
9. Using the neighbour principle from a negligence case, towards whom does a driver of a
car owe a legal duty of care?
a) Any passengers in his/her car
b) Any drivers or passengers in other cars that are nearby
c) Any pedestrians on the road in the same vicinity
d) All of the above
10. Which of the following statements is FALSE about a legally married spouse who was left
nothing in the will of his/her deceased spouse?
a) The surviving spouse is only entitled to receive what was left to him/her in the will
and therefore if he/she was left nothing, then he/she will get nothing.
b) The surviving spouse can choose to pretend to get divorced from his/her deceased
spouse and therefore is entitled to property division, instead of what was left to
him/her in the will.
c) The surviving spouse can choose to take the preferential share and therefore receive
the first $200 000 of the deceased spouse’s estate.
d) The surviving spouse can choose not to contest the will and just take what was left to
him/her; in this case, the surviving spouse would receive nothing.
11. Which of the following statements is FALSE about grievances in a unionized workplace?
a) Legal fees will be paid for by the union.
b) The employee and employer will first try to resolve the issue on their own.
c) If the issue cannot be resolved by the employer and employee, the matter will be
referred to arbitration.
d) The worker is allowed to strike due to a grievance that has been filed on his/her
behalf.
12. Which of the following statements is TRUE about the acceptance of an offer to a
contract?
a) The acceptance must be unconditional, meaning that the offeree cannot try to
change any of the terms of the original offer.
b) The acceptance must be made within the specified time stipulated in the offer, if
there is a specified time stated.
c) The acceptance must be made in the manner required by the contract, if there is a
specified manner stated.
d) All of the above statements are true.
13. Which occurs first in a criminal trial?
a) The Crown makes its opening statement.
b) The accused is brought before the court.
c) The jury is selected.
d) The judge charges the jury.
14. A case where one province is suing the federal government over a law that it feels is unfair
is an example of which area of law?
a) Criminal law
b) Tort law
c) Family law
d) Constitutional law
15. Where is the system of civil law (as opposed to common law) used in Canada today?
a) Quebec
b) Quebec and New Brunswick
c) Quebec and the three territories
d) everywhere, except Quebec
16. When a new law is proposed, a bill is sent to committee for review. This occurs when?
a) Before First Reading
b) Before Second Reading
c) Before Third Reading
d) Before Royal Reading
17. The case of R. v. Drybones is important because:
a) It was the first time that the federal government admitted that Indigenous peoples of
Canada had the right to self-government.
b) It was the first time that the courts decided that human rights laws were more
important than other laws.
c) It was the first time that sexual orientation was protected by law.
d) It was the first time that a provincial government was allowed to make a law about
something that would normally be a federal responsibility.
18. What legal term is used to describe the situation when an individual or entity is legally
responsible for someone else’s actions?
a) Third-party liability
b) Vicarious responsibility
c) Statutory liability
d) Extended responsibility
19. When an accused is arrested, which of the following happens last?
a) The accused is physically taken into custody.
b) The police officer identifies himself/herself as such.
c) The accused is informed of the charge that is being laid.
d) The officer advises the individual that they are under arrest.
20. Which of the following would be considered a mitigating factor when a judge is deciding
on a sentence?
a) The offender has demonstrated genuine remorse.
b) The offender used excessive violence when committing the crime.
c) The offender has served multiple sentences before, for the same charge.
d) The offender left the scene of the crime.
21. In World War II, after Japan attacked Pearl Harbor, Canada responded by sending
Japanese Canadians into internment camps in:
a) Ontario
b) British Columbia
c) Alberta
d) all of the above
22. Which of the following does a plea bargain NOT do?
a) Lower the possible punishment
b) Lessen the actual charge (e.g., from murder to manslaughter)
c) Remove any criminal record
d) Dismiss other prosecutions which may be related to the actual charge
23. Constitutional supremacy refers to:
a) the idea that the Constitution is the most powerful law in the land and every other
law must be consistent with it
b) the idea that the Constitution is the most powerful law in the land, but that there may
be times when parliament can pass a law that is not consistent with the Constitution
c) the idea that the Constitution is the most powerful law in the land and only the
Monarch can change a law
d) the idea that the Constitution is the most powerful law in the land and can never be
changed
24. A French archaeologist discovered one of the earliest-known sets of written laws in 1901,
called:
a) the Great Code of Manu
b) the Justinian Code
c) the Mosaic Code
d) the Code of Hammurabi
25. A restaurant owner requires all employees to wear a uniform that includes a hat. For
religious reasons, one of the male employees of the restaurant wears a turban (a religious
head covering) and therefore cannot wear the hat because it will not fit over his turban.
The restaurant owner therefore fires this individual. This situation:
a) demonstrates direct discrimination
b) demonstrates constructive discrimination
c) demonstrates both direct and constructive discrimination
d) is not discriminatory at all because the uniform policy applies to everyone
Part B: Thinking and Inquiry (25 marks)
26. (5 marks: 1 mark for each correct match)

Term Definition
bona fide From the Latin term meaning “in good faith”
prima facie From the Latin term meaning “on its face” or “on the surface”
mediation A method to settle disputes outside of court through the use of an
impartial third party who can offer suggestions, but cannot force the
parties to accept his/her recommendations
on a balance of The standard of proof used in a civil case
probabilities
arbitration A method to settle disputes outside of court through the use of an
impartial third party who will render a decision that is final and binding
on the parties

Term Definition
valuation date The date on which all of the items that will be used to calculate net
family property are given a monetary value
matrimonial home The main residence(s) where the couple lived together prior to the
valuation date
exclusions Property does not have to be included in the net family property
calculation.
liabilities Debts that the spouse owes to someone on the valuation date
deductions The value of property (things that were owned by the spouse and
therefore have a positive value) and/or debts (money owed by the spouse
and which therefore have a negative value), other than a matrimonial
home, that were owned/owed by the spouse on the date of marriage

Term Definition
primary picketing Demonstrating that takes place at the employer’s business site
strike The employees refuse to work, and withdraw their services.
secondary picketing Demonstrating that takes place somewhere other than at the employer’s
business site
work to rule The employees partially withdraw their services so that they perform
some duties, but not others.
union An organized group of workers who come together to achieve common
goals in the same workplace

Term Definition
accused The person who is alleged to have committed an illegal act
the Crown The lawyer responsible for proving guilt beyond a reasonable doubt
the defence The lawyer responsible for ensuring that the defendant receives a fair
trial
juror A member of a group who will weigh the evidence presented in court
expert witness Someone who was not at the actual crime scene, but who provides some
context to the evidence presented

Term Definition
the Code of The first codified record of laws
Hammurabi
the Ten An element still found in our laws today, originally present in Mosaic law
Commandments
jury duty An element still found in our laws today, originally present in ancient
Greece
lawyers An element still found in our laws today, originally present in ancient
Rome
Magna Carta An element still found in our laws today, originally present in British
tradition
Part C: Communication (20 marks)
31. (5 marks total)
What are three differences between the Notwithstanding Clause and the Reasonable
Limits Clause? (3 marks) Name one benefit of each of these clauses. (2 marks)
Answer
Three differences are:
•• The Notwithstanding Clause is used by a parliament of any level of government, while the
Reasonable Limits Clause is used by courts (judges).
•• The process to use the sections is different, as the process for the Notwithstanding Clause
is for parliament to pass a statute that uses this clause, while, for the Reasonable Limits
Clause, the process is that a judge decides whether a Charter violation is justified in a
court case.
•• The Notwithstanding Clause has several restrictions, while the Reasonable Limits Clause
has none.
A benefit of the Notwithstanding Clause is that it allows the government to pass laws that
respond to public opinion; courts do not care what the public wants, but the government
does care.
A benefit of the Reasonable Limits Clause is that it allows the court to scrutinize
government actions and ensure that if the government is taking away Charter rights, it
has justified reasons to do so, in order to prevent abuse of government power.
32. (5 marks total)
We often refer to the government as having three different branches. Identify the three
different branches and explain the role that each plays. (3 marks) Additionally, identify
the branch where the prime minister works and the branch where a court reporter works.
(2 marks)
Answer
The three branches of government are:
•• Legislative branch: The Legislative branch is made up of elected officials, who, as a group,
create and amend laws.
•• Judicial branch: The Judicial branch is made up of our various court systems. They
interpret and enforce the laws that have been created by the Legislative branch.
•• Executive branch: The Executive branch is responsible for implementing the laws that
have been created by the Legislative branch. For example, while the Legislative branch
might pass a law that says that there is a new tax that visitors to Canada must pay, the
Executive branch is responsible for figuring out the logistics of applying the new tax.
The prime minister is part of the Executive branch of government. The court reporter
belongs to the Judicial branch of government.
33. (2 marks total)
Describe what happened in the “Persons Case” in 1929. (1 mark) Since the Persons Case
was decided, what has happened to the law with respect to this issue? (1 mark)
Answer
The Persons Case came about because, at that time, women did not have legal status in
Canada as “persons.” Five women from Alberta asked the court to decide whether women
were legally regarded as people in accordance with the BNA Act. The British Privy
Council declared that women were regarded as people. The legal significance of the case
is that women were finally given legal recognition and were qualified to be appointed to
the Senate. Since that time, the law in Canada has given more equality to women, such as
the right to vote in 1919.
34. (2 marks total)
What is the meaning of the presumption of innocence in section 11 of the Charter? (1 mark)
What is the standard of proof used in a criminal case, and in what way is the standard of
proof connected to the presumption of innocence? (1 mark)
Answer
The presumption of innocence means that in a criminal case an accused person is

believed to be innocent of the crime unless the Crown can prove that he/she is, in fact,
guilty. The standard of proof in a criminal case is called “beyond a reasonable doubt.”
It is connected to the presumption of innocence because, unless the Crown can bring
forward enough evidence to establish the guilt of the accused, the accused will be found
not guilty. Any doubt must go in favour of the accused.
35. (2 marks total)
In a negligence lawsuit, what is the meaning of the term “duty of care”? (1 mark) Identify
and explain one way in which a plaintiff can establish a duty of care in a negligence case.
(1 mark)
Answer
Answers will vary. We have provided two possible responses in the answer:
“Duty of care” means that the plaintiff must prove a connection existed between the
plaintiff and defendant that required the defendant to ensure that he/she did not cause
injury or harm to the plaintiff. The two ways that a plaintiff can establish a duty of care
in a negligence case are:
1. A statutory duty of care: Sometimes, a law created by either the federal or provincial
governments (called a statute) establishes a legal duty of care between certain individuals
or groups. For example, parents owe statutory duties of care to their children.
2. The neighbour principle: The neighbour principle states that every individual owes
a legal duty of care to anyone that he/she can reasonably foresee could be injured or
harmed by his/her actions or lack of action. For example, if it has been snowing hard and
there is a lot of ice buildup in front of your house, you should make sure that the pathway
outside your house is kept clear, so that anyone entering your driveway or passing by does
not slip on the ice and injure themselves.
36. (2 marks total)
What is the difference between a substantive and a procedural law? (1 mark) Provide an
example of each. (1 mark)
Answer
Substantive law refers to laws that govern the rights and obligations of individuals. A
substantive law specifies what you can and cannot do. For example, the Education Act
says that students under the age of 16 must be in school full time.
Procedural law explains how substantive laws are to be enforced. For example, a police
officer has the right to arrest someone who has broken the law, but in order for the
arrest to be considered valid, they must ensure that they follow certain procedures. For
example, a police officer must inform the accused of their rights.
37. (2 marks total)
When a police officer arrives at the scene of a crime, he/she has three priorities. Identify
the three priorities in the correct order and explain what each one means. (2 marks)
Answer
Priority #1: Ensure their own safety. When a police officer arrives on a scene, they may be
unsure of what has actually transpired. As a result, they must first ensure that the scene is
safe, for themselves, as well as for any other first responders.
Priority #2: Assist the victim. Once an officer is sure that the scene is safe, they must try
and provide assistance to the victim. This may include direct medical support until such
time as a paramedic arrives on scene.
Priority #3: Secure the scene. Once the victim has been assisted, it is crucial that the
police officer take physical control of the scene so that the forensics team can collect any
evidence that may be present. The less contamination there is of the scene, the easier the
investigation will be for this team.
Part D: Application (30 marks)
38. Using the planning chart provided, plan an argumentative paragraph to answer one
of the questions below. Then, write your final argumentative paragraph in the space
provided beneath the planning chart. Marks will be awarded as indicated in the marking
guide that follows. Clearly indicate whether you are answering question 38 (a) or 38 (b).
a) You have an online friend who lives in India. You communicate with her on
FaceTime and Skype. She has been telling you about the legal system in her country
and wants to know about the Canadian Charter of Rights and Freedoms. Choose any
three rights contained in the Charter and explain to your friend why you think the
Charter is doing an effective job of protecting people’s rights in Canada. Provide
three examples to support your argument.
b) The Youth Criminal Justice Act (YCJA) is in place to deal with offenders under the age
of 18. Choose three elements from this Act and explain the reasoning behind them
(for example, why the law has deemed it necessary to treat young people differently).
Provide three examples to support your argument.
Marking guide
•• Understanding of the legal issues (6 marks)
•• Three examples to support the argument (6 marks)
•• Thorough and accurate analysis of examples (12 marks)
•• Engaging introduction and effective summary (6 marks)
Answer
Sample paragraphs:
a) The Canadian Charter of Rights and Freedoms (“the Charter”) is arguably the most
important law in Canada to safeguard the rights of the people. The Charter makes
sure that the government and its agents do not abuse their powers and behave in
ways that unfairly interfere with the constitutionally protected rights of individuals
in Canada. The Charter includes the following three protections for Canadians:
legal rights, equality rights, and minority language rights. An example of how the
Charter protects our legal rights is the laws that are in place to prevent the police
from randomly stopping people without a valid reason, and ensuring that prison
guards cannot use unwarranted force on inmates. Equality rights are provided to
all people in Canada, whether they are citizens or have other status, such as that of
a visitor or a permanent resident. Protected grounds include race, colour, sex, age,
and disability. An example of minority language rights is the Charter requirement
that all Canadians have the right to an interpreter when they are a party or a witness
in a court proceeding. As you can see, these three Charter rights effectively ensure
fairness and equal opportunity for all Canadians, regardless of their ethnicity, their
religious beliefs, or their position in society.
b) The YCJA introduced significant reforms to address concerns about sentencing for

youth offenders. These concerns included disparity and unfairness in sentencing,
a lack of effective reintegration of young people released from custody, and the
need to better take into account the victims’ interests. These three aims were based
on the knowledge that young people have a limited state of maturity and moral
development, so adult sentencing or custody does not properly address their needs,
and based on research and psychological evaluations, it’s best for young people if
they are made immediately aware that they have done wrong, and are offered an
opportunity to redress that wrong. Also, it has been proven that it is extremely
effective that they should (if possible and advisable) meet the victims, to get an
understanding of how their actions have negatively impacted others’ lives. As a result,
preferred sentencing for younger people takes the form of reprimands, supervision
orders (such as close monitoring and support, rather than custody), community
service, and in some cases, meeting their victims.

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TVO ILC

CLU3M Understanding Canadian Law

Practice Test Suggested Answers

Understanding Canadian Law, CLU3M

Part A: Knowledge and Understanding (25 marks)

3. Which of the following statements is FALSE about “undue hardship”?

b) Undue hardship results if an accommodation would result in safety or health risks to

c) An employer does not need to make attempts to accommodate a worker’s needs if

Practice Test Suggested Answers

c) The requirement is reasonably necessary to accomplish the work-related purpose.

d) All of the above

5. What is the meaning of a federal system of government?

a) Law-making responsibilities are given only to the federal government.

b) Law-making responsibilities are given only to the provincial government.

d) Law-making responsibilities are divided between the federal and provincial

6. Which of the following is NOT a component of the Canadian Constitution?

a) The division of powers

b) The amending formula

c) The principle of equalization

d) The Canadian Bill of Rights

Practice Test Suggested Answers

a) Any passengers in his/her car

b) Any drivers or passengers in other cars that are nearby

c) Any pedestrians on the road in the same vicinity

d) All of the above

a) Legal fees will be paid for by the union.

Practice Test Suggested Answers

d) All of the above statements are true.

13. Which occurs first in a criminal trial?

a) The Crown makes its opening statement.

b) The accused is brought before the court.

c) The jury is selected.

d) The judge charges the jury.

b) Quebec and New Brunswick

c) Quebec and the three territories

d) everywhere, except Quebec

a) Before First Reading

b) Before Second Reading

c) Before Third Reading

d) Before Royal Reading

Practice Test Suggested Answers

17. The case of R. v. Drybones is important because:

19. When an accused is arrested, which of the following happens last?

a) The accused is physically taken into custody.

b) The police officer identifies himself/herself as such.

c) The accused is informed of the charge that is being laid.

a) The offender has demonstrated genuine remorse.

b) The offender used excessive violence when committing the crime.

d) The offender left the scene of the crime.

Practice Test Suggested Answers

d) all of the above

22. Which of the following does a plea bargain NOT do?

a) Lower the possible punishment

b) Lessen the actual charge (e.g., from murder to manslaughter)

c) Remove any criminal record

d) Dismiss other prosecutions which may be related to the actual charge

23. Constitutional supremacy refers to:

a) the Great Code of Manu

b) the Justinian Code

c) the Mosaic Code

d) the Code of Hammurabi

Practice Test Suggested Answers

a) demonstrates direct discrimination