1. An Introduction to Law Flashcards
What are the basic elements of a legal system?
- Lawmaking structure (a way of creating laws)
- Law (the laws themselves)
- Administration & enforcement of the law
Who creates laws in Canada?
Describe its composition.
The government creates laws.
Canada - central federal government
+ provincial & territorial governments
+ municipal governments
Head of state: King Charles III
Governor General of Canada provides royal assent for lawmaking
Head of government: Prime Minister Justin Trudeau, individual who commands most seats in the House of Commons
Describe the composition of the federal government (Parliament).
There are 2 chambers.
- Senate
- appointed by gov’t
- theoretically follows gov’t wishes
(*new application procedure: PM must choose independent Senators) - House of Commons
- elected by the people
- follows people’s wishes
Who can introduce a bill?
Explain the steps.
Any member of parliament.
1. First introduced in the House
2. Then introduced in the Senate
- House
First reading (no vote) –> second reading + vote –> the Committee –> third reading + vote - Senate
Senate + vote –> royal assent
How does the process of introducing a bill differ at the provincial level?
There is no 2nd chamber (no ‘Senate’)
1. Assemblée Générale (QC)
2. Lieutenant Général (royal assent)
How can existing laws be changed?
Same process as with the creation of laws.
What leads to it? Members of parliament/citizens bring up that it must be changed.
If Doug Ford’s gov’t passes a law, can Legault’s gov’t change that law?
No, only a gov’t that passes a law can alter it.
Differentiate private & public law.
Private:
Laws that regulate the relationships between individuals, ex.: contract law, family law, etc.
Public:
Laws that regulate the relationship between individuals and the state, ex.: criminal law, tax law, etc.
Differentiate common law & civil law. Which do we use in Quebec?
Civil:
- inherited from France
- judges are not bound by previous judicial decisions
- approach used for the private law in Quebec
*not bound by precedence
Common:
- inherited from England, judges are bound by previous judicial decisions (precedent or stare decisis)
- approach used for the private law in all Canadian provinces, except Quebec
- approach used for the public law in all Canadian provinces, including Quebec
*bound by precedence (fairness, equal application of the law)
Where can we find law in Canada?
The main sources of law:
1. Canadian Constitution
2. Federal & Provincial Legislation
3. Judicial Decisions
Discuss the Canadian Constitution and which powers it highlights.
The Constitution Act 1867
- ss. 91 and 92: division of power, power of Parliament, exclusive provincial powers, etc.
- it is the source of gov’t power to enact legislation
The Constitution Act, 1982
- ss. 52: Constitution is the supreme law of Canada, supercedes all else, all other laws must ‘match’ the Constitution to be enforceable
- Charter of Rights & Freedoms: s. 2 enumerates freedoms (conscience & religion, thought, belief, opinion & expression, freedom of the press & other medias, peaceful assembly, freedom of association)
How can Quebec law banning overt religious attire be passed/enforced?
Constitution (1982)
By invoking the ‘Notwithstanding clause’ from the Charter of Rights and Freedoms (applies to s. 2 & 7-15)
Why is the Notwithstanding clause in the Constitution?
Premiers felt that this was necessary to include in order to ensure that elected representatives of the people are able to create/amend laws that best reflect the times or people’s desires.
What is meant by federal and provincial legislation?
Laws passed by the federal and/or provincial level of government
What are judicial decisions?
Also referred to as court decisions, case law & jurisprudence
Judges interpret & apply laws, active interpretation
