Our Legal HeritageOur Legal Heritage

Rules Vs. LawsRules Vs. Laws

RulesRules are different from laws in that are different from laws in that they are not enforced by the they are not enforced by the courtscourts. . So if a student is late for class they So if a student is late for class they will not be arrested but may face will not be arrested but may face other kinds of discipline.other kinds of discipline.

LawsLaws are enforced by the courts and are enforced by the courts and are meant to protect us and our are meant to protect us and our property as well as provide structure property as well as provide structure to society.to society.

Why do laws change?Why do laws change?

Laws change as society’s values and Laws change as society’s values and morals change.morals change.

At one time it was illegal to sell At one time it was illegal to sell alcohol; women could not vote; a alcohol; women could not vote; a criminal could be hanged.criminal could be hanged.

Laws can also be changed due to Laws can also be changed due to pressure from pressure from Lobby GroupsLobby Groups. . These groups try and persuade the These groups try and persuade the government and individuals to government and individuals to change laws. change laws.

Some Strange Canadian LawsSome Strange Canadian Laws

30% of all radio and t.v. content 30% of all radio and t.v. content must be Canadian.must be Canadian.

It is illegal for clear or non-dark soda It is illegal for clear or non-dark soda to contain caffeine. to contain caffeine.

It used to be a criminal offence in It used to be a criminal offence in Canada to try and commit suicide…if Canada to try and commit suicide…if caught trying you would be hanged.caught trying you would be hanged.

The game of Lawn Darts is illegal in The game of Lawn Darts is illegal in Canada.Canada.

Rule of LawRule of Law

In Canada a three part theory of justice In Canada a three part theory of justice and law is followed, in order for our and law is followed, in order for our system to work called system to work called Rule of Law.Rule of Law.

1.1. Individuals must recognize and accept that Individuals must recognize and accept that laws are necessary to control society.laws are necessary to control society.

2.2. The law applies to everyone including the The law applies to everyone including the people in power.people in power.

3.3. No one in our society has the right to take No one in our society has the right to take all the power for themselves or take away all the power for themselves or take away people’s rights.people’s rights.

Law and MoralityLaw and Morality Laws that are based on morality, Laws that are based on morality,

show us what values, attitudes and show us what values, attitudes and beliefs Canadians share.beliefs Canadians share. For example, Canadians feel that killing For example, Canadians feel that killing

another person is morally wrong. another person is morally wrong. Therefore, we have laws to punish those Therefore, we have laws to punish those who do.who do.

People who do not share these moral People who do not share these moral values can speak out publicly and try values can speak out publicly and try to change the law.to change the law.

Law and JusticeLaw and Justice

The ultimate goal of law is to ensure The ultimate goal of law is to ensure justice for all (everyone should be justice for all (everyone should be treated equally).treated equally).

The problem is that not all situations The problem is that not all situations can be treated equally for many can be treated equally for many different reasons.different reasons.

Code of HammurabiCode of Hammurabi King of Babylon codified one of the earliest King of Babylon codified one of the earliest

known sets of laws. (1792-1750 BCE)known sets of laws. (1792-1750 BCE) Patriarchal society –Patriarchal society –

Wealthy had more protectionWealthy had more protection Slavery was legalSlavery was legal Women and children were propertyWomen and children were property

Restitution:Restitution: payment made by the offender to payment made by the offender to the victim.the victim.

Retribution:Retribution: justice based on vengeance and justice based on vengeance and punishmentpunishment

Mosaic LawMosaic Law Commonly called the Commonly called the

Ten CommandmentsTen Commandments, , found in the book of found in the book of Exodus in the Old Exodus in the Old Testament.Testament.

Written some 500 years Written some 500 years after the death of after the death of Hammurabi, the basic Hammurabi, the basic principles are similar.principles are similar.

It was forbidden to It was forbidden to commit murder, commit murder, adultery, theft, and to adultery, theft, and to worship other gods.worship other gods.

Greek LawGreek Law

First form of democracy was born in First form of democracy was born in Greece.Greece.

Only Athenian Only Athenian citizenscitizens had political rights had political rights (women, children, aliens, and slaves were (women, children, aliens, and slaves were excluded).excluded).

Voting and Jury Duty were major Voting and Jury Duty were major responsibilities.responsibilities.

Women on trial were not allowed to speak Women on trial were not allowed to speak on their own behalf.on their own behalf.

Roman LawRoman Law There were 2 basic principles…There were 2 basic principles…

1.1. The law must be recordedThe law must be recorded

2.2. Justice could not be left in the hands of judges Justice could not be left in the hands of judges alone to interpret.alone to interpret.

The Twelve TabletsThe Twelve Tablets (450 BCE) determined the law (450 BCE) determined the law of England during Roman occupation and is now of England during Roman occupation and is now considered the foundation of modern law.considered the foundation of modern law.

Roman Law reflected a patriarchal society, women Roman Law reflected a patriarchal society, women did not have status as a “person”.did not have status as a “person”.

Rome was a complex society with numerous laws, Rome was a complex society with numerous laws, legal advisors helped those with not understanding legal advisors helped those with not understanding of the law. They were the forerunners of the lawyer.of the law. They were the forerunners of the lawyer.

Justinian’s CodeJustinian’s Code

Byzantine Emperor Byzantine Emperor Justinian I had the Justinian I had the 1600 books of 1600 books of Roman law Roman law codefied in 529 CE. codefied in 529 CE.

This code inspired This code inspired the concept of the concept of justice and formed justice and formed the basis of civil the basis of civil law.law.

Napoleonic CodeNapoleonic Code After the French After the French

Revolution, Bonaparte Revolution, Bonaparte unified French Law under unified French Law under the Napoleonic Code the Napoleonic Code (1804). (1804).

The code regulated civil The code regulated civil matters such as property, matters such as property, wills, contracts, and wills, contracts, and family law.family law.

Influences on Canadian LawInfluences on Canadian Law

British Law has had British Law has had the greatest the greatest influence on influence on Canadian Law. Canadian Law.

Queen Elizabeth is Queen Elizabeth is Canada’s Head of Canada’s Head of State. State. Canada Explained

Feudal SystemFeudal System

William the Conqueror, King of England, William the Conqueror, King of England, unified England’s legal system and unified England’s legal system and assumed total control.assumed total control.

King William divided England into parcels King William divided England into parcels of land to be ruled over by noblemen who of land to be ruled over by noblemen who judged cases that arose in their parcel.judged cases that arose in their parcel.

There were no rules of evidence and the There were no rules of evidence and the accused had no rights.accused had no rights.

By the 12By the 12thth Century, people rose up Century, people rose up against this harsh, unfair treatment.against this harsh, unfair treatment.

Common LawCommon Law

King Henry II established King Henry II established circuit circuit judgesjudges to resolve local disputes. to resolve local disputes.

The judges recorded their cases and The judges recorded their cases and decisions and shared them so they decisions and shared them so they would judge similar cases in the would judge similar cases in the same manner. This became known same manner. This became known as as case lawcase law or or common lawcommon law..

Magna CartaMagna Carta

Was the first step in Was the first step in establishing individual establishing individual basic rights for the basic rights for the people of England.people of England.

It recognized the It recognized the principle of principle of Rule of Rule of LawLaw, not even the , not even the King would be above King would be above the law.the law.

Habeas CorpusHabeas Corpus

The purpose of the The purpose of the order is to secure the order is to secure the release of people who release of people who are unlawfully are unlawfully imprisoned.imprisoned.

This historic right is This historic right is now entrenched in the now entrenched in the Canadian Charter of Canadian Charter of Rights and Freedoms.Rights and Freedoms.

Classifying Canadian LawClassifying Canadian Law

Three Sources of Canadian LawThree Sources of Canadian Law

Common Law (case law) – Common Law isconstantly changing as judges decide new casesbased on previous judicial decisions.

Statute Law – consists of laws that are pased byelected representatives in the form of acts.

Constitutional Law – is a body of law dealing with thedistribution and exercise of government powers.

Sources of LawSources of Law

ConstitutionalLaw

Statute Law

Common Law

Common LawCommon Law

Today, Canadian courts continue to Today, Canadian courts continue to rely on decisions made by other rely on decisions made by other courts when determining the courts when determining the outcome of similar cases.outcome of similar cases.

Rule of precedentRule of precedent is not the only way is not the only way courts judge cases – the judge may courts judge cases – the judge may reject previous decisions and create reject previous decisions and create a new precedent. This is called a new precedent. This is called distinguishing a case.distinguishing a case.

Statute LawStatute Law

As we know, acts become law only As we know, acts become law only after they are passed through a after they are passed through a formal procedure in the House of formal procedure in the House of Commons or Provincial Legislature. Commons or Provincial Legislature.

Many of our laws today are actually Many of our laws today are actually statutes – common law decisions that statutes – common law decisions that have been codified.have been codified.

Statutes usually override common Statutes usually override common law unless there is no statute to deal law unless there is no statute to deal with the particular situation.with the particular situation.

Each of the three levels of Each of the three levels of government have the authority to government have the authority to create legislation in its own create legislation in its own jurisdiction (authority and control).jurisdiction (authority and control).

Federal StatutesFederal Statutes

Criminal lawCriminal law Federal PenitentiariesFederal Penitentiaries Employment InsuranceEmployment Insurance Banking and CurrencyBanking and Currency Marriage and DivorceMarriage and Divorce Postal Service, etc…Postal Service, etc…

Everyone in Canada is subject to laws passed by Everyone in Canada is subject to laws passed by the Federal Government.the Federal Government.

Provincial StatutesProvincial Statutes

HospitalsHospitals Police ForcesPolice Forces Property RightsProperty Rights Highways and RoadsHighways and Roads Provincial Jails, etc…Provincial Jails, etc…

Local StatutesLocal Statutes

Municipal Governments make laws Municipal Governments make laws called called bylawsbylaws. Some areas of . Some areas of Municipal Government jurisdiction Municipal Government jurisdiction would be;would be;

Who clears snow from sidewalksWho clears snow from sidewalks Garbage collectionGarbage collection Curfews, etc…Curfews, etc…

Constitutional LawConstitutional Law

The Canadian Constitution determines the The Canadian Constitution determines the structure of the federal government and structure of the federal government and divides law-making powers between the divides law-making powers between the federal and provincial governments.federal and provincial governments.

Constitutional law also limits the powers of Constitutional law also limits the powers of government by setting out basic laws, government by setting out basic laws, principles, and standards that all others principles, and standards that all others must adhere to. must adhere to.

Constitutional law overrides all other laws.Constitutional law overrides all other laws.

Categories of LawCategories of Law

The LawThe Law

International LawInternational Law Domestic LawDomestic Law

International LawInternational Law

International law governs the International law governs the relationship between independent relationship between independent nations.nations.

Nations sign treaties and international Nations sign treaties and international agreements that are as binding as law. agreements that are as binding as law. For example:For example: extradition treatiesextradition treaties

free tradefree trade

defense treatiesdefense treaties

International Law (continued)International Law (continued)

A number of organizations have A number of organizations have international legal status. Two examples international legal status. Two examples are are

1) the United Nations (UN)1) the United Nations (UN)

2) the International Court of 2) the International Court of JusticeJustice

The UN is a peacekeeping force, not a The UN is a peacekeeping force, not a police force. We have not developed an police force. We have not developed an international police force to enforce international police force to enforce international law, but it may be necessary. international law, but it may be necessary.

Domestic LawDomestic Law Domestic law is law that governs activity Domestic law is law that governs activity

within a country’s boundaries.within a country’s boundaries. When you travel to another country their When you travel to another country their

laws may be quite different from yours. laws may be quite different from yours. For example in some countries it is illegal For example in some countries it is illegal to drink alcohol or to dress in certain ways.to drink alcohol or to dress in certain ways.

When in another country you do not have When in another country you do not have the protection of Canadian Law. The the protection of Canadian Law. The Canadian government may not be able to Canadian government may not be able to do much for you if you break their laws.do much for you if you break their laws.

The LawThe Law

International LawInternational Law Domestic LawDomestic Law

SubstantiveSubstantive

LawLawProceduralProcedural

LawLaw

Substantive LawSubstantive Law

Substantive Law is a category of Substantive Law is a category of domestic law. domestic law.

It defines the rights and duties of It defines the rights and duties of citizens and government. For example:citizens and government. For example:

The right to enter a legal contractThe right to enter a legal contract The right to sue if that contract is brokenThe right to sue if that contract is broken Failing to remain at the scene of an accidentFailing to remain at the scene of an accident Careless drivingCareless driving

Procedural LawProcedural Law

Substantive law is the content of law, Substantive law is the content of law, Procedural law is the process of enforcing Procedural law is the process of enforcing those laws. those laws.

It makes sure all citizens are treated fairly It makes sure all citizens are treated fairly during the legal process.during the legal process.

Procedural law refers to:Procedural law refers to: Gathering evidence properlyGathering evidence properly Following the proper steps to make an Following the proper steps to make an

arrestarrest Following correct trial procedures.Following correct trial procedures.

The LawThe Law

International LawInternational Law Domestic LawDomestic Law

SubstantiveSubstantive

LawLawProceduralProcedural

LawLaw

Private LawPrivate LawPublic LawPublic Law

Public LawPublic Law

Public Law regulates the relationship Public Law regulates the relationship between the government and its citizens.between the government and its citizens.

Public Law deals with:Public Law deals with:

Constitutional LawConstitutional Law

Administrative LawAdministrative Law

Criminal LawCriminal Law Eventually all Public Law refers to the Eventually all Public Law refers to the

Canadian Charter of Rights and Canadian Charter of Rights and FreedomsFreedoms..

The LawThe Law

International LawInternational Law Domestic LawDomestic LawSubstantiveSubstantive

LawLawProceduralProcedural

LawLaw

Public LawPublic Law Private LawPrivate Law

ConstitutionalConstitutional

LawLawAdministrativeAdministrative

LawLawCriminalCriminal

LawLaw

Administrative LawAdministrative Law deals with the deals with the relationship between government relationship between government agencies and the people.agencies and the people.

An injured person looking for An injured person looking for compensation, or people concerned compensation, or people concerned about a subdivision being built on a about a subdivision being built on a nature reserve would all deal with nature reserve would all deal with Administrative law. Administrative law.

Examples of government agencies are:Examples of government agencies are: Liquor Control BoardLiquor Control Board Labour Board Labour Board Workers’ Compensation BoardWorkers’ Compensation Board

Criminal LawCriminal Law is the area of law that is the area of law that identifies crimes and hands out identifies crimes and hands out punishment.punishment.

All crimes are described in the All crimes are described in the Criminal Code of CanadaCriminal Code of Canada..

This category attracts the most This category attracts the most media attention.media attention.

Case CitationsCase Citations In Canadian Law, a crime is carried out not In Canadian Law, a crime is carried out not

only against the individual, but against only against the individual, but against society. Society is represented by the society. Society is represented by the CrownCrown. .

The citation for criminal cases look like:The citation for criminal cases look like:

R. v. AccusedR. v. Accused

R.R. Stands for Stands for Regina Regina or or RexRex, the Latin terms , the Latin terms for Queen or King.for Queen or King.

v.v. Stands for Stands for versusversus (against) (against)

AccusedAccused would be the name of the would be the name of the defendant.defendant.

The LawThe Law

International LawInternational Law Domestic LawDomestic LawSubstantiveSubstantive

LawLawProceduralProcedural

LawLaw

Public LawPublic Law Private LawPrivate Law

ConstitutionalConstitutional

LawLawAdministrativeAdministrative

LawLawCriminalCriminal

LawLaw

TortTort

LawLawContractContract

LawLawFamilyFamily

LawLawWills andWills and

EstatesEstatesPropertyProperty

LawLawEmploymentEmployment

lawlaw

Private LawPrivate Law

Private Law (civil) Private Law (civil) is law that governs is law that governs the relationships between individuals the relationships between individuals and between individuals and and between individuals and organizations (not including the organizations (not including the government).government).

The main purpose of private law is to The main purpose of private law is to regulate the actions of and provide regulate the actions of and provide compensation for people who have been compensation for people who have been harmed by the wrongful actions of harmed by the wrongful actions of others.others.

Tort Law:Tort Law: holds persons or private holds persons or private organizations responsible for damage organizations responsible for damage they cause another person as a they cause another person as a result of accidental or deliberate result of accidental or deliberate action.action.

You often see headlines like “Woman You often see headlines like “Woman seeks $1.5 million for damages seeks $1.5 million for damages after…”. Most of these claims are after…”. Most of these claims are based on based on Tort LawTort Law..

Contract Law:Contract Law: is the branch of law is the branch of law that provides rules regarding that provides rules regarding agreements between people and agreements between people and business. business. Example: when Student Council Example: when Student Council books a DJ for a dance, they enter a legally books a DJ for a dance, they enter a legally binding contract with the DJ for that service.binding contract with the DJ for that service.

Family Law:Family Law: is the branch of law is the branch of law that deals with various aspects of that deals with various aspects of family life. family life. Example: marriage, custody and Example: marriage, custody and support of children, divorce, etc…support of children, divorce, etc…

Wills and Estates:Wills and Estates: is the branch of is the branch of law that deals with the division and law that deals with the division and distribution of property after death.distribution of property after death.

Property Law:Property Law: is the branch of law is the branch of law that governs ownership rights in that governs ownership rights in property.property.

Employment Law:Employment Law: is the branch of is the branch of law that governs employer-employee law that governs employer-employee relationships. relationships. Example: child labour, work Example: child labour, work day hours, minimum wage, hiring and firing day hours, minimum wage, hiring and firing practices, workplace discrimination and practices, workplace discrimination and harassment, work place safety, union activities.harassment, work place safety, union activities.

Chapter 3Chapter 3

GOVERNMENT AND STATUTE GOVERNMENT AND STATUTE LAWLAW

Canada’s ConstitutionCanada’s Constitution

In 1867 the British Parliament passed In 1867 the British Parliament passed the the British North American ActBritish North American Act which made Canada its own country which made Canada its own country although it still had to have Britain’s although it still had to have Britain’s permission to amend its Constitution.permission to amend its Constitution.

Canada decided to have a Canada decided to have a federal federal systemsystem of government which divided of government which divided the responsibilities among the federal the responsibilities among the federal and provincial government.and provincial government.

Federal PowersFederal Powers

Are set out in Are set out in s. 91 s. 91 of of the the BNA ActBNA Act

Include matters that Include matters that should be applied should be applied uniformly to every uniformly to every province (criminal law, province (criminal law, currency, postal currency, postal service, etc.)service, etc.)

Provincial PowersProvincial Powers

Are set out in Are set out in s. 92 s. 92 of of the the BNA ActBNA Act

Include matters of a Include matters of a local nature and can local nature and can vary from province to vary from province to province (education, province (education, hospitals, property, hospitals, property, etc.)etc.)

Patriating the constitutionPatriating the constitution

The BNA was changed over the years and The BNA was changed over the years and Canada gained more and more Canada gained more and more independence.independence.

In 1982, Pierre Elliot Trudeau finally In 1982, Pierre Elliot Trudeau finally brought Canada’s Constitution home with brought Canada’s Constitution home with the signing of the the signing of the Constitution Act, Constitution Act, 1982.1982.

Finally, Canada was fully independent Finally, Canada was fully independent from the British Parliament and could pass from the British Parliament and could pass laws on its own.laws on its own.

Amending FormulaAmending Formula

Procedure for changing Procedure for changing the constitutionthe constitution

Requirements:Requirements: Approval of ParliamentApproval of Parliament 2/3 of the provinces 2/3 of the provinces

representing 50% of the representing 50% of the populationpopulation

Charter of Rights & FreedomsCharter of Rights & Freedoms

The Charter is The Charter is entrenched in the entrenched in the ConstitutionConstitution

Executive BranchExecutive Branch

The executive The executive branch is responsible branch is responsible for carrying out the for carrying out the governments plans governments plans and policies.and policies.

This branch is made This branch is made up of the Prime up of the Prime Minister, his Cabinet Minister, his Cabinet Ministers, and the Ministers, and the Civil Service.Civil Service.

Legislative BranchLegislative Branch

The legislative The legislative branch is the branch is the branch of branch of government that government that has the power to has the power to make, change, and make, change, and repeal laws.repeal laws.

This branch is made This branch is made up of the House of up of the House of Commons and the Commons and the Senate.Senate.

Creating A LawCreating A Law

In order for an idea to become law it In order for an idea to become law it must be presented to the must be presented to the House of House of CommonsCommons in the form of a document in the form of a document known as a known as a billbill..

Any member of the Any member of the House of House of CommonsCommons can present a bill or can present a bill or proposed law. However if the proposed law. However if the Member of ParliamentMember of Parliament (MP) is not (MP) is not a member of the party in a member of the party in government the government the billbill may not pass. may not pass.

Parliament Hill; Ottawa, CanadaParliament Hill; Ottawa, Canada

House of Commons

Senate

Steps in Creating A LawSteps in Creating A Law

An An IdeaIdea is created is created The The IdeaIdea is written down in a draft is written down in a draft

legislation.legislation. First ReadingFirst Reading

MP discuss the purpose of the billMP discuss the purpose of the bill Background information.Background information. Bill is printed and distributed.Bill is printed and distributed.

Second ReadingSecond Reading Principle of the bill is debatedPrinciple of the bill is debated Each member can only speak once about the billEach member can only speak once about the bill Bill may be referred to a committeeBill may be referred to a committee

Third ReadingThird Reading Debate is restrictedDebate is restricted No Changes can be No Changes can be

mademade VoteVote Steps are Steps are

repeated in the repeated in the SenateSenate

Governor Governor General signs General signs the bill into lawthe bill into law