ch. 2 intro to law Flashcards
What is law?
A body of rules enforceable by courts or government agencies.
What factors influence the definition of law?
History, theory, legal system, and social realities.
What is parliamentary supremacy?
Legislation overrides other laws but must be consistent with the Constitution.
What are the two main categories of law?
Substantive law (sets conduct rules) and procedural law (enforces rights and obligations).
What is the difference between public and private law?
Public law: Governs relationships between individuals and the government.
Private law: Governs personal, social, and business relationships.
What is the common law system?
Judge-made law based on precedent (stare decisis).
What is the civil law system?
Codified laws, primarily used in Quebec.
What are the sources of law in Canada?
Common law (court decisions)
Law of equity (fairness principles)
Statutes (legislation)
What is the law of equity?
Developed by the Court of Chancery to provide fair outcomes when common law was too rigid.
How do statutes relate to common law?
Statutes override common law and can modify it.
What are the three elements of the Canadian Constitution?
Statutes – Written laws, such as the Constitution Act, 1867 and Constitution Act, 1982.
Conventions – Traditions and unwritten rules, such as the role of the Prime Minister.
Court Decisions – Judicial interpretations of constitutional laws.
What does the Constitution Act, 1867 do?
Divides legislative powers between federal and provincial governments.
What does the Constitution Act, 1982 do?
Establishes the Charter of Rights and Freedoms
Ends ties with the British government
Sets rules for constitutional amendments
What is the division of powers?
Federal (e.g., trade, banking, criminal law)
Provincial (e.g., property rights, education, healthcare)
What is paramountcy?
If federal and provincial laws conflict, the federal law prevails.
What are the steps to passing legislation?
Bill introduced
Three readings and debates
Royal Assent
Becomes law
What are the limitations on Charter rights?
Section 1: Rights can be limited if justified in a democratic society.
Section 33: Governments can pass laws overriding some Charter rights (Notwithstanding Clause).
What are the fundamental freedoms under the Charter?
Religion
Thought, belief, and expression
Peaceful assembly
Association
What are the legal rights under the Charter?
Right to life, liberty, and security
Protection against unreasonable search/seizure
Right to a fair trial
What are mobility rights?
The right to enter, remain, and move within Canada.
What is human rights legislation?
Laws that protect individuals from discrimination in employment, housing, and services.
What is the duty to accommodate?
Employers must make reasonable efforts to help employees with disabilities.
What is a statute?
A written law enacted by a legislative body.
What is a regulation?
A rule made under the authority of a statute.
What is a judicial precedent?
A court decision that serves as an example for future similar cases.
What is the rule of law?
Everyone is subject to the law, including the government.
What is the role of administrative tribunals?
Government agencies that resolve disputes in specific areas like employment or human rights.
