Sources of Law in Canada

Sources of Law in Canada

Constitutional Law (overrides all other lawsStatute Law (can override common law)Common Law

In Canada, laws come from 3 sources:1. Canadian Constitution = Constitutional law2. Elected Govt Representatives = Statute law3. Previous legal decisions = Common law

Common Law:This means that the law is common to all sometimes called English Common LawAlso sometimes called Case Law- its sources include decisions made by judges in previous cases called precedentsCommon Law is constantly evolving as judges decide new cases on old decisionsCdn. Courts follow the legal principle known as stare decisisrelying on similar decision made in other courts to determine similar cases

Lawyers rely on these precedents to argue their casesButJudges may reject old precedents and create new ones this is called distinguishing a case

Statute LawThese are laws passed by elected representatives in the form of Acts these Acts become laws when they pass through Parliament or a LegislatureMost of our laws are actually statutes common law decisions that have been codifiedStatutes override common law, but if no statute exists, then common law will prevailSowhen a Judge interprets and applies a statute, that decision sets a precedentand from that point on, similar cases are interpreted in a similar way

Lawyers on both sides of a case look for precedents that will help their clientsEach level of govt. has the power to make laws within its area of political jurisdiction

e.g: Federal Govt. criminal law, fed. Prisons, EI, banking and currency, marriage, divorce, mailProvincial Govt. hospitals, police forces, schools, highwaysMunicipal Govt. firefighting, by-lawsAboriginal Self-Govt. can make laws that applyto reserves

Constitutional Law:The Canadian Constitution is a document that determines the structure of the federal govt. and decides law-making powers between the levels of govt.This law limits the powers of the govt.This law overrides all others in Canada- When the Courts interpret laws, they must ensure they are consistent with the Constitution- If the law violates the Constitution it will be struck down as unconstitutional