Module 1: The Canadian Legal System & Dispute Settlement

Question 1

How is the Canadian legal system organized, and what are the roles of federal and provincial governments, the Constitution?

Answer 1

• Organization: The Canadian legal system is organized based on the Constitution Act, 1982 which separates the following jurisdictions (prov & fed)
• Roles: Federal government has jurisdiction over areas like currency, international trade, etc.
  Provincial governments have jurisdiction over property, education, etc.
• Constitution: Defines organization and jurisdiction, includes the Canadian Charter of Rights and Freedoms.

Question 2

What is the difference between common law and civil law systems in Canada? What is stare decisis (precedent)?

Answer 2

• Common Law: Based on English law, sources include past cases and statutes, precedent (stare decisis) applies.
• Civil Law: Based on Roman law, sources are statutes only, no precedent.
• Stare Decisis: Common law’s fundamental legal principle where decisions of higher courts are binding on lower courts, creating a system of precedent.

Question 3

What are the different places where Canadian laws come from, and how do statutes, regulations, and case law work together? Give an example.

Answer 3

• Sources: Laws come from statutes, regulations, and case law.
• Working Together:
  Statutes enacted by parliament cover specific circumstances and are strictly interpreted.
  Regulations accompany statutes and provide detailed regulation.
  Case law develops through past judicial decisions and creates precedent.
• Example: In employment, the Employment Standards Act (SK) and Canada Labour Code (federal) set minimum standards for working hours, vacation, pay, etc.

Question 4

How does the Canadian court system function, including levels like provincial/territorial and federal courts? *

Answer 4

Hierarchy:
- Supreme Court of Canada
- Provincial/territorial courts of appeal
- Superior courts
- Provincial/territorial courts.

Function:
- Decisions of higher courts within a jurisdiction are binding on lower courts.
- Each province/territory has its court system.
- Supreme Court of Canada rarely overrules itself; lower courts rarely overrule themselves.
- Concurrent jurisdiction can lead to conflicting laws, e.g., in the environment and agriculture.

Question 5

What are some alternative ways to resolve disputes outside of regular courts?

Answer 5

Alternative Dispute Resolution (ADR) methods

• Negotiation:
  Informal discussions between parties to reach a mutual agreement.
  Pro: Inexpensive, flexible, and fast. Parties control the process.
  Con: No guarantee for a satisfactory outcome.
• Mediation:
  Involves a third party (mediator) assisting parties in reaching an agreement.
  Pro: Preserves business relationships, flexible, speedy, and cost-effective.
  Con: Outcome depends on mediator skills, no guarantee for a resolution.
• Arbitration:
  Similar to a court process with arbitrators making a binding decision.
  Pro: Faster and more cost-effective than litigation, confidential.
  Con: Limited remedies, no formal appeal, dependence on arbitrator skills.

Question 6

What is the significance of parts of the Canadian law, like contracts, torts, and corporate law?

Answer 6

• Contracts:
  Govern agreements between parties, ensuring legal obligations are met.
  Example: The Sale of Goods Act (SK) regulates implied conditions in contracts for the sale of goods.
• Torts:
  Address civil wrongs, providing remedies for harm caused by one party to another.
  Example: The Trespass to Property Act (SK) defines prohibited trespassing and defenses.
• Corporate Law:
  Regulates the formation and operation of companies.
  Example: The Business Corporations Act (SK) outlines rules for company incorporation and operation.

Question 7

Explain the difference between public and private law in Canada.

Answer 7

• Public Law:
  Regulates relationships between individuals/businesses and the state/government.
  Example: Constitutional Law governs the relationship between citizens and the government.
• Private Law:
  Regulates relationships between individuals/businesses. (private entities)
  Example: Contract Law establishes rights and obligations in agreements between private parties.