Module 3 - Introduction to Canadian Law Flashcards
Law
Any written rule that was created by and is enforced by the authority of a government and the courts.
Rule
in turn, is a principle governing the conduct and actions of members of a group or society. A law, therefore, is a rule that has the weight of a government and the courts behind it.
The law
to mean all of the laws of a society collectively. The law, then, is the whole set of rules for a society, enforced by that societyβs government, so that the society functions in a certain organized and logical way.
The Rule of Law
means that the law applies equally to every person within that society.
Substantive Law
prescribes the actual rights and duties of the individual members of the society and the society as a whole.
Procedural Law
prescribes the procedures by which these rights and duties are enforced.
Rights
under the law may include such things as freedom of speech, the freedom to move anywhere in the geographical territory of the society and the freedom to worship.
Duties
for example, may include following the law and paying taxes.
Public Law (name three)
addresses issues that affect the whole society. This includes Criminal Law, Constitutional Law and Administrative Law.
Private Law
deals with the relationships between and among individuals in the society. Private law is used to resolve private disputes. Private Law includes Contract Law, Tort Law, Family Law and Property Law.
Plaintiff
The person who initiates the case or sues. (They are complaining)
Defendant
The person being sued. (they are defending their case)
Canadian Law originates from three sources, What are they?
Common (English) Law and Equity, Statute Law, and Administrative Law.
Common Law
Common law has its roots in the British legal system in which law is built upon the decisions from the royal courts. These decisions are called precedents, defined as decisions made in previous litigation. Another term for common law is judge-made law. It is called this because the decisions of previous judges guide the decisions of current judges who are presiding over similar cases.
Equity
In equity, the party or parties applied directly to the monarch for resolution of the dispute. Over time equity developed into a system of principles that guided decisions made outside of common law.
Statute law
is law created by a legislature or parliament, which is a group of elected or appointed representatives who are given the power to make new laws or change existing laws. Legislatures pass statute law to either fill a gap in common law and equity or to take the place of common law on the same subject matter.
Administrative law
is the set of detailed regulations with which larger laws are implemented. Administrative law is implemented by administrative or regulating bodies to which the government delegates limited authority to conduct day-to-day activities.
Constitution
A constitution is a set of rules that guides how a state or country is run. It sets out the political principles which leaders of the country follow, the institutions that will be used to govern, and the powers and responsibilities of those tasked with leading the state.
The Canadian Consitution is comprised of the following documents:
-
The Constitution Act of 1867, known as the British North America Act or BNAA. The
BNAA joined the provinces of Upper and Lower Canada, Nova Scotia and New
Brunswick into the Dominion of Canada. It also established the representation system of
the House of Commons and Senate, federal and provincial power-sharing, civil and
criminal law, and the use of English and French as official languages. -
The Constitution Act of 1982 is a seven-part document dealing with subjects such as
the Canadian Charter of Rights and Freedoms, the rights of Aboriginal peoples,
equalization among the different regions of Canada and the procedure for amending the
constitution. -
Section 52 of the Constitution Act, 1982 lists over 30 additional legislative documents
and orders that also form part of Canadaβs constitution. These documents are
amendments to the Constitution Act, 1867 that were made prior to the 1982 patriation of
the Act.
Executive power
in Canada is ultimately the British monarch. However, the real executive power at the federal level lies with the Cabinet. The Cabinet is comprised of the Prime Minister and a group of ministers who are accountable to Parliament.
Legislative power
in Canada at the federal level is called Parliament. Parliament is comprised of the House of Commons, the Senate, and the monarch. Parliament is tasked with changing statute law if necessary and making new statute law.
Judicial power
in Canada is the court system, headed by our judges. The judicial branch of government has the job of interpreting and applying both public and private law as well as the constitution.
Federal government powers. List them.
has jurisdiction over issues concerning Canada as a whole. This includes trade between provinces, national defence, criminal law, money, patents and the postal service. The federal government also has responsibility for the three territories (the Yukon Territory, the Northwest Territories and Nunavut).
Provincial governments powers, list them.
have jurisdiction over education, property, the administration of justice, hospitals, municipalities and other issues that are specific to their region.
