Divisions of Canadian Law

Substantive and Procedural Law

Structure of Canadian LawFor your ‘chosen’ branch of our legal system consider the following questions (and record your answers in your notebook):

Is it substantive (written, set in legislature) or procedural (how the court process is carried out)? How do you know?

Is it public (all people) or private (b/w people)? How do you know?

Describe your type of law in your own words (without copying from your handout).

Canadian Legal System

Substantive Law (Statute/Case)

PUBLIC LAW PRIVATE (CIVIL) LAW

Procedural Law (Rules)

CRIMINAL

CONSTITUTIONAL

ADMINISTRATIVE

FAMILYCONTRACT

TORT

PROPERTY

LABOUR

Relationships b/w gov’t and people Private citizens/organizations (no crown)

Relationships b/w gov’t and peopleMethods; how the court will hear cases, determine civ./crim. hearings

CRIMINAL: Crown .vs. Defendant, proving guilt beyond a reasonable doubt, rules that define criminal acts and offences against society (endangering welfare of the public).CONSTITUTIONAL: Laws set out structure of federal gov’t, gov’t divisions of power.ADMINISTRATIVE: Citizens + gov’t agencies, regulatory body, rule making enforcement.FAMILY: Issues between people living together.

TORT: Breach of civil duty owed to someone else.CONTRACT: Legally binding agreements.

PROPERTY : Ownership of property, relation to cash value.LABOUR: Employers and employee (i.e. working people)