Mana 298 - chapter 2 Flashcards
what is the constitution?
Sets the structure of our gov and gives each of the two levels the right to pass laws only in the specific fields assigned to them
Federal parliament – has the right to pass laws for the peace, order and good gov of Canada – cannot make laws relating to those matters that are given to the provinces.
Provincial legislatures – given the right to pass laws on those subjects that the constitution says are reserved exclusively for them.
what are the different sources of law?
Constitution – set of principles that govern a state or organization
Parliamentary supremacy – asserts the ultimate authority of the legislative body to make laws without being subject to judicial review.
Constitutional supremacy: highest law of the land including those enacted by the legislature – places the constitution above all other laws and institutions.
Statutes
Law pass by government
Can be changed at any time by simple majority
Deals with only one subject
Interpreted more strictly than a code
Jurisprudence
Courts will consider previous decisions
Legislators have passed a statute that conflicts with case law
Stare decisis: let the decision stand- courts are bound by to follow previous decisions wherever they apply.
Doctrine – written commentary on the law.
Customs
Tradition or usage accepted by a community
Accepted by court provided no conflict with existing statute
Can be made into statute
Administrative law
Boards with the authority to pass regulations which are detailed rules setting out how the law is to be respected, enforced or applied.
what are the different types of court system?
Municipal court
Laws related to violations of by laws (traffic, zoning, taxes)
Minor criminal matters (mischief, theft under $1000)
Small claims court
No lawyers
Cases no more than $15000
Business must be represented by an employee
Employee can be a lawyer
Not available to business with more than 10 employers
No appeals – once a judgement is rendered, the money must be paid within 10 days.
The court of Quebec
All cases up to 85000
Except alimentary pension and federal cases
Appeals to Quebec court of appeal
No appeals for cases under 60000
Heard by one judge alone
The superior court
Right to make the decision that is contested and will not question the soundness of the decision unless there is a breach of duty of care.
The court of appeal
Heard by more than one judge: decisions made based on the majority,
Can argue error of law or error gact
Apply for leave (permission to be heard).
The supreme court of Canada
9 judges
3 from quebec
Error of law or error of fact.
With leave (permission)
Administrative tribunals
Enacted by administrative regulations
Internal review mechanis of adminsitrative decisns
No appeals usually.
