Chapter 2: Sources of Law Flashcards
Canada’s Legal System is highly influenced by?
English and French system
Is considered as code and used throughout Canada?
Is a law that codifies most criminal offenses and procedures in Canada?
Criminal code
Law that is not written down as legislation
Evolved into a system of rules based on precedent
It is flexible, it adapts to changing circumstances because judges can announce new legal doctrines or change of ones
Common-Law Tradition
Civil codes comprehensive statement of rules
Many are framed as broad, general principles to deal with any dispute that may arise
Courts in a civil-law system first look to a civil code, then refer to previous decisions to see if they’re consistent
Civil law tradition
The first significant shift from monarchy to a democracy
Magna Carta (1215)
The rapid period of colonization between the 16th and 17th hundreds influence the division of?
Division of British and French Rule
The establishment of the new legal structure
Included broad land rights for Indigenous people that limits settlers from claiming the land
Passed the Quebec Act that allows the use of French Civil Law In Quebec
Royal Proclamation (1763)
Provide with the accumulation of Quebec, Ontario, Nova Scotia, and New Brunswick under the Parliamentary System
BNA Act (1867)
Law passed by British Parliament on March 29, 1867 to create the Domination of Canada
Outlines the structure of government in Canada nad the distribution of powers between the central Parliament and Provincial Legislatures
Constitution Act (1791)
The difference between the two divisions of law?
Public Law - concerns public interest and regulate collective or common matter
Private Law - concerns private interest and regulate individually matter
Examples of Public Law?
- constitute law
- criminal law
- administrative law (parole board)
- taxation law
Examples of Private Law?
- contracts
- real estate
- property
- family law
- wills and truths
- torts
- company law
- the law of agency
- patent law
Law that exists in a single nation-state?
Domestic law
Law that is common to all nation-state?
International law
Sources of Canadian law?
- statute law
- case law
- reporting case law
- custom
- books of law
Laws that are enacted by elected legislatures withier it could be Federal or Provincial
Statute Law
What are the sources of statutes law in Canada?
1) house of commons
2) legislative assembly of different provinces and territories
The process of creating the statute:
1) current government introduces a Bill to the House of Commons or legislative assembly
2) debate and public hearings
3) readings and additional amendments may be made
4) after the third reading, the bill is passed
Laws that are established based upon specific court cases and decision with the Supreme Court of Canada establishing final case
Case law
Decisions that are made in courts may be reported or may not be reported
Reporting case law
Law that derives from the practices and patterns of behavior to what the society comes to understand itself
Custom
Text or commentaries that are written by legal scholars on a legal topic
Books of law
The federal government of Canada that’s responsible for administering sentences that are imposed by court or judges longer than 2 years
Correctional Service of Canada (CSC)
Ombudsman for federally sentenced offenders
Produces a report every year and highlight how Indigenous people are more likely to
Office of the Correctional Investigator (OCI)
What section suggests that a court that imposes a sentence should take into consideration certain circumstances?
Section 718 sub 2
This case looks at the aggravating and mitigating circumstances of the offense (under section 718 sub 2)
The case seeks to recognize and address the overrepresentation of Indigenous people in custody
R vs. Gladue (1999)
Often referred to as conditional release
Parole
Different types of conditional release?
- temporary absence
- away for a day
- full parole in 1/3 of the offender’s sentence
- statutory release 2/3 of the offender’s sentence
The Correctional Service Canada uses many ______________ tools to decide an inmate security classification, eligibility for parole and interventions.
Risk assessment
This case deals with the interpretation of section 24-1 (Corrections and Conditional Release Act) which states that “the service shall take all reasonable steps to ensure that any information about the offender that is used is accurate, up to date, and as complete as possible.”
The case also challenged the Charter Rights of what section?
Ewert vs. Canada (Correctional Service)
Section 7: life, liberty, and security
