February 24th, 2014

– identify the key components of the Constitution of Canada

- identify the meaning and the way the law works in Canada in comparison to each other

Demonstrate understanding through class discussions and completing questions from our text

What is the Magna Carta, Stare Decisis, Trial by Ordeal, Trial by Combat, and Habeas Corpus?

What did the Romans, Greeks, Hammurabi Code, and Mosaic Law provide to us here in Canada?

How are our laws separated? Are some laws more important than

others? Why is the legal drinking age here in

Ontario 19, but in Quebec it is 18? Are there some laws that are the same

for everyone? What are some of these laws?

Constitutional Law

Statute Law

Common Law

- Each higher level of law can override the law below

Also called case law Looks at decisions made by judges in

previous cases Constantly evolving

New cases are constantly surfacing. As they are decided, they set a new precedent for a similar case in the future. Ex. Internet crimes

Canadian courts follow principle of stare decisis

Distinguishing a case is identifying a case as being sufficiently different from previous cases as to warrant a different decision

Consists of laws passed by representatives

If no statute law exists in a particular situation, then common law will prevail

If a statute is created it is a precedent This must be followed in all lower courts

4 different types:

1) Federal Government: Makes laws for the whole country Includes criminal law, federal

penitentiaries, employment insurance, banking and currency, and postal service

2) Provincial Governments: Makes laws within the province Laws affecting hospitals, police forces,

property rights, highways and roads

3) Local Governments: Municipal or local governments make laws called bylaws

Height of backyard fences, who should clear snow on the sidewalk, garbage day, etc.

4) Aboriginal Governing Structures: Indian bands have the rights to make bylaws on their reserves

Deals with the distribution of government powers Tells local, provincial,

federal what they can and cannot do

Limits the powers of government by setting out certain basic laws, principles, and standards that all other law must adhere to.

Overrides all other law

CCRF Work Package