Introduction to Sources of Law Flashcards
What is the Constitution of Canada?
The supreme law of Canada that defines:
- the powers of the federal and provincial government
- the powers of the superior and inferior courts
- the rights enjoyed by all residents of Canada
Can the Constitution be amended by Parliament?
No, it likely would require approval of the majority of the population in each Province
What statute enabled the creation of Canada as a nation autonomous from Britain?
The British North America Act (BNA Act) - later renamed the Constitution Act, 1867
What two changes happened in 1982 to Canada’s Constitution?
- The Constitution Act, 1982 meant Britain would no longer have a role in amending Canada’s Constitution
- The Canadian Charter of Rights and Freedoms was made, and became part of the Constitution
What freedoms are guaranteed in the Canadian Charter of Rights and Freedoms?
Freedom of:
- Conscience and religion
- thought belief, opinion, and expression
- peaceful assembly
- association
Also, right to a fair trial and due process
Are there limitations to the Charter?
Yes, it can be limited by law which serves for the greater good of society
What do sections 91 and 92 of the Constitution Act, 1867 provide for?
That all legislative power and authority is divided between Canada and the provinces
What is Common Law?
Judge made law - often through precedent
Can common law be altered?
Yes, if federal or provincial parliaments adopt legislation which changes it.
(e.g. Workers Compensation Act)
How do parliaments and legislatures modify or create laws?
By enacting legislation
What does legislation take form in?
Acts, also called statutes
What do provincial governments have exclusive authority to do?
Pass laws related to property and civil rights within the province
What is the first stage in the creation of a statute?
A bill, a written statement of legislation, is introduced into the legislature or House of Commons
What three things can a bill propose to do?
- creation of a new law
- ammendment of a law
- repeal of legislation
What are the two types of bills?
- government bills (bills supported by current government)
- private member bills
What must happen to the bill to become law?
- Read (voted) on three times
- If passed, must receive royal assent
Are statutes binding?
Yes, courts must give them their full force and effect, subject only to considerations of constitutional validity
How are statutes similar to common law?
They are being constantly ammeneded and add or subtract from common law
What is the Engineers and geoscientists Act?
The act that creates a self-governing, professional body that is repsonible for regulating admission into the profession.
The government has delegated its duty to regulate to a professional body
What is the Local Government Act, the Community Charter and the Vancouver Charter?
Municipal statutes that have delegated locally elected bodies to deal with things like:
- building departments
- zoning bylaws
- development permits
- business licenses
What are Regulations and Bylaws?
These augment legislation.
A statute will typically confer power on a individual or body to create regulations and bylaws to supplement a statute
How is Criminal Law different than Civil Law?
Where litigation is filed by the government, who then prosecutes private parties (individuals or corporations)
By contrast, in civil law, a private party files a lawsuit
What is Criminal Law?
Offences against the state. The primary source of this is set out in a federal statute called the Criminal Code of Canada
What is the difference between Criminal and Civil trials in terms of proving guilt?
Criminal: prosecutor must prove facts “beyond a reasonable doubt”
Civil: plaintiff must prove facts based on a balance of probabilities
How can a criminal conviction affect an engineer in BC?
Could have reprocussions which result in suspension or revocation of membership with EGBC
What does “concurrency of the law” mean to a future professional like you?
You might be held to the contract you are working under, but additionally you’re held to other areas of the law such as the Engineers and Geoscientists Act if you complete a faulty design. Or, if something bad happens, you could be held criminally liable.
List the hierarchy of courts in Canada down to the small courts level
Do it - I can’t paste images here
How are federal courts different than other courts?
They deal with discrete areas of federal jurisdiction such as:
- immigration
- intellectual property
- maritime law
- tax law
They are still superseded by the Supreme Court
Will a court always follow precedent?
Not necessarily - in cases where there are distinguishing features between a case and a preceding one, a court may choose not to follow precedent
