Class 1 - Intro to law

Question 1

What are the three basic elements of a legal system?

Answer 1

1. Structure: way of creating laws (lawmaking)
2. Law: the rules themselves
3. Administration and enforcement of law: a way to ensure rules are followed

Question 2

How does a bill become law at the federal level?

Answer 2

First reading → no vote

Second reading → vote, if the majority votes against it then it “dies” (could be reintroduced but start over)

The Committee → evaluation of the bill

Third reading → vote

Goes to the Senate and goes through a similar process there

Governor General provides royal assent for it to become law
Could become law on the date it received royal assent or at a later date
Can also become law at different times for different parts

Question 3

Who is canada’s head of state?

Answer 3

King charles 3, however the governor general exercises the King’s constitutional functions when he is not in canada

Question 4

Who is the head of government?

Answer 4

The prime minister who is appointed by the governor general. Traditionally this is the individual who commands the most seats in the house of commons. Prime minster can also be a member in another chanber

Question 5

What are the two chambers in the federal government?

Answer 5

The senate and house of commons

• HOC voted in by population (known as wants of the people) but senate appointed by government.

Application process for who can be senator, there is a committee that goes through the applications and creates a shortlist who the prime minister can choose from.

Debate if senate is really needed

Question 6

Who can introduce a bill?

Answer 6

Normally the house but for some types of bills, the senate is allowed to orginate them

Question 7

How are laws introduced at a provincial level?

Answer 7

No senate but the process is more or less the same as federal. Once its approved by the national assembly, lientenant governor has to provide royal assent.

Question 8

What is a lieutenant governor?

Answer 8

Kings representative at the provincial level

Question 9

How can laws be changed?

Answer 9

The same proces as the creation of laws. GOvernment can do it if they realize something that needs to be amended or there is public pressure.

Question 10

If the government of ontario passes a law, can the gov of quebec amend the law?

Answer 10

No because they are different governments

Question 11

What is private vs public law?

Answer 11

Private: regulate relationship between individuals (contract law, family law, etc)

Public: Laws that regulate the relationship between individuals and the state (criminal, tax law).

Question 12

For public law, how are cases named?

Answer 12

“R” vs “Last name”

Because it is an act against society as a whole and could be common or civil trial

Question 13

What is the theoretical distinction between civil and common law?

Answer 13

Civil: inherited from france, judged are not bound by previous judicial decisions (but they do in practice).

Common: inherited from england. Judges are bound by previous decisions and must follow the outcomes of previous cases.

Question 14

What provinces in canada use Common vs civil law for private and public law

Answer 14

Civil: only used for private law in quebec

Common: used for private law in all provinces, except quebec and used for public law in ALL provinces

Question 15

WHat are the main sources of law?

Answer 15

1. Canadian constitution
2. Federal and provincial legislation
3. Judicial decision (court decisions/case law/jurisprudence)

Question 16

What is presented in the Constitution act - 1867 in ss. 91 and 92 (division of power)

Answer 16

91: Provides the heads of power/areas where the federal government can make a valid law (Census, postal, currency, immigration, national importance items)

92: areas where the provincial government can make a valid law (tax, property and civil rights)

Question 17

What is presented in the Constitution act - 1982 (The Canadian Charter of Rights and Freedoms)

Answer 17

• Supersedes all other laws
• Laws inconsistent with constitution cannot be enforced
• freedom of religion

Question 18

How if the prohibition of certain public officials from wearing overt religious symbols when carrying out their duty still in effect

Answer 18

Despite freedom of religion in the constitution, court decided that section 1 allows them to justifiably infringe on the rights as it is free and democratic society.

Clause that allows you to opt out of certain rights if the government states that they are doing it to infringe on the constitution

Question 19

What are judicial decisions?

Answer 19

Referred to as court decisions, case law and jurisprudence. These deicisons are important because judges follow them as if they were law.

Role of judge is to interpret and reinforce the laws to the facts of the case before them. A legislator may observe what the judge is doing and tell them what they ment, if not the meaning given to the law by the judge is what is right (think of parking space analogy)

Question 20

What is the highest court in canada?

Answer 20

Supreme court of canada.

• You need permission for the court for them to hear your case
• Written criteria to help judges decide what cases should be seen
• Some cases go to supreme court right away but generally need permission
• Supreme court decisions are to be followed by all courts below them.
• Supreme court can revoke a law

Question 21

What are the 3 legal professions?

Answer 21

1. Judges
2. Lawyers: advise clients about the law, resolve legal issues, represent clients in court
3. Notaries (Quebec): go to law school like lawyers but do notarial law as a masters. Must go through the chamber of notaries.

• In general notaries cannot represent people in court
• Write wills and marry people but can also advise in any area of the law they are competent in (same as lawyers)
• Lawyers must submit an application to marry people (done for every marriage)