Chapter 1 & 2 Flashcards
Procedural Law
Steps to follow to pursue a case
Statute Law
Written laws established by a legislative body
Constitutional Law
Divides powers between federal & provincial governments
Administrative Law
Controls relationship between citizens & government agencies
Family Law
Deals with relationships between spouses, parents, and children.
Property Law
Controls use, enjoyment, and rental of property
Labour Law
Governs relationship between employers and employees
Napoleonic Code (And its importance)
- based on roman law
- emphasized equality
- what Quebec’s civil laws are based on
Magna Carta
- 1st constitution
- established habeus corpus (prisoners get a trial within a reasonable amount of time)
Precedent
Rule established in a previous case that must be established in subsequent cases
Rule of Law
Nobody is above the law - it applies to everyone
Provincial Powers
- education
- natural resources
How a bill becomes a law
- introduced to House of Commons (1st reading)
- goes to committee
- vote
- senate
- gg (royal asset)
- statute
- comes into effect on proclamation day
Federal Powers
- criminal law
- aboriginal people & their land
Private Law
Controls relationships between citizens, & citizens vs. organizations
- family law
- contract law
- tort law
- property law
- labour law
Public Law
Controls relationship between government and people
- criminal law
- constitutional law
- administrative law
3 components of Canada’s constitution
- BNA Act
- Statute of Westminster
- Constitution Act
English Common Law
Kings decided to appoint judges to discuss cases based on precedent
Substantial Law
Divided between private and public law
Statute of Westminster
- 1931
- make our own laws
- control our foreign policy
BNA Act
- 1867
- makes Canada a nation and divides federal & provincial powers
Constitution Act
- 1982
- BNA act
- Amending formula
- Charter of Rights and Freedoms
Criminal Law
Rules passed by parliament defining offences against society
Contract Law
Outlines requirements for legally binding agreements
Tort Law
Deals with wrongs one person commits against another person (ie. negligence)
Case Law
Common law
A system based on the outcome of precedents
What is law?
- a set of rules established by gov. for all members of society to follow
- sets consequences
- reflects society’s values
- provides basis for solving disputes
4 main functions of law
- establish rules of conduct -> minimize possible conflict
- protect rights and freedoms -> use police and courts to enforce laws
- Protects society against those who may take advantage
- sets up structure of gov. & directs us on how to make new laws
Rights
Can’t be denied
Freedoms
Have limitations
Civil rights
Limits governments power
Human rights
Protect someone from discrimination between individuals
Canadian Bill of Rights
Federal law - provincial law can choose to deny parts of it
Canadian Charter of Rights and Freedoms
Supreme law - hard to deny
Why do some people believe the Charter gives the courts too much power?
Because judges can overrule laws and decide charter violations
Section 32 of Charter
Your rights with regard to federal and provincial powers are protected
Section 1
Limitation - allows gov. to limit an individual’s rights to prevent objectionable conduct (ie. hate speech)
Section 33
Notwithstanding clause - allows gov. to pass laws that are exempt from certain parts of the charter (ie. laws about fundamental freedoms, legal, and equality rights)
Enforcement of charter rights
- illegally sourced evidence can be left out of proceedings
- make personal complaint to courts
- law can be struck down
Categories of Rights and Freedoms within the charter
- fundamental freedoms
- conscience & religion
- thought, belief, expression
- peaceful assembly & association - democratic rights
- mobility rights
- legal rights
- equality rights
- official languages
- minority language educational rights
- aboriginal rights
- multicultural & heritage rights
Fundamental freedoms
- Basic rights and freedoms of Canadians
- includes: conscience & religion; thought, belief, expression, opinion; peaceful assembly & association
Democratic rights
Right to vote
Mobility rights
Move freely inside & outside Canada
Legal Rights
For criminal acts & imprisonment
Equality Rights
Equal treatment under the law
Official Languages
English & French have equal importance
Minority Language Education Rights
Providing education in French/English
Aboriginal Rights
Charter rights can’t interfere with treaty rights
Multicultural & Heritage Rights
Consider Canada’s multiculturalism when making laws
Stereotyping
Making a global judgement on all members of a group
Prejudice
Applying a stereotype to an individual
Discrimination
When a person acts on a prejudice or stereotype
Intentional Discrimination
Purposely committing a discriminatory act
Unintentional Discrimination
Treating others unfairly without being aware of it
Intent of human rights legislation
To protect people against discrimination from private businesses as well as other people
Procedure for human rights complaints
- file a complaint with human rights commission within 6 months
- human rights officer will interview you/investigate
- go to human rights tribunal
