Chapter 6 (Book) - Common Law Rights Flashcards
What two distinct legal traditions did Canada’s system of law develop from?
The common law from England and civil law from France
Although our legal heritage is founded on these laws, what legal tradition was predominant in the colonies of British North America?
The English system of common law
In England, what were civil liberties protected by? What was there?
-The rules of common law
-There were no constitutional or legislative guarantees
What did the common law itself, not expressly provide for?
A guarantee of civil liberties.
What is the common law’s position?
That a person is free to do anything that is not positively prohibited, and various doctrines help to narrow the scope of what is positively prohibited.
Where do civil liberties not derive from?
Positive law (law enacted by a government authority) or governmental action
Where do civil liberties derive from?
An absence of positive law or governmental action
(As an example), with reference to freedom of speech, what does an individual have?
The freedom of speech as long as exercising that freedom does not conflict with laws that regulate speech, such as laws on defamation, contempt of court, obscenity, fraud, or hate propaganda.
From England, what did Canadians not gain?
A constitutional guarantee of civil liberties.
What did we inherit from England?
The principles of common law and allowed our courts to interpret how they were to apply
