Sources of Law Flashcards
What is the Constitution of Canada?
The supreme law of Canada that defines the powers of the federal and provincial governments.
Contains Charter of Rights and Freedoms and cannot be ammended by regular Act of Parliament.
What are the freedoms guaranteed to Canadians in the Charter of Rights and Freedoms
Freedom of:
a. conscience and religion
b. thought, belief, opinion and expression
c. peaceful assembly
d. association
What do Sections 91 and 92 of the Constitution Act provide for?
All legislative power and authority is divided between Canada and the provinces
What are Statutes?
Legislation enacted either federally or provincially which becomes law.
What statute is specific to engineers in British Columbia and what does it do?
The Engineers and Geoscientists Act and later the Professional Governance Act (PGA). It creates a self-governing, professional body that is reponsible for regulating admission into the engineering profession.
What acts/charters enable municipalities to create legislation in British Columbia?
- Local Government Act
- Community Charter
- Vancouver Charter (City of Vancouver only)
How are regulations and bylaws different than statutes?
A statute will confer power upon a designated individual or body to create regulations and bylaws that supplement the statute. Providing proper process has been followed, these regulations and bylaws have the same force and effect as the statute.
What are the three primary makers of law?
The courts, the legislature, and Parliament
What are the two types of Law?
Public Law and Private Law
What is Public Law?
Law that sets the rules for the relationship between individuals and society
What are the sub-categories of Public Law?
- Criminal Law
- Constitutional Law
- Administrative Law
- Aboriginal Law
What is Criminal Law
Law that deals with wrongs against society. Deals with crimes and their punishments
What is Constitutional Law
Defines the relationship between branches of government including federal and provincial.
Limits power of government over individuals through rights and freedoms.
What is Administrative Law?
Law that deals with the actions and operations of government.
Ensures that government actions are authorized by legislatures and administered fairly, often overseen by administrative agencies.
Includes:
- Building Permits
- Workers Compensation
- Interprovincial Trade
What is Indigenous Law?
The area of law related to the Canadian Government’s relationship with its Indigenous peoples.
What is Private Law?
Law that sets the rules between individuals (Also called Civil Law).
Includes private law disputes and compensates victims.
What are the sub-categories of Private Law?
- Property Law
- Contract Law
- Tort Law
Contract and Tort Law are both covered under Common Law
What is Common Law?
Judge made law that forms precedent for future similar cases.
Common Law may be altered by legislation.
Contract Law and Tort Law both fall under Common Law.
What is Property Law?
Law that centers on the ownership rights of individuals with regard to tangible or intangible assets.
What is Contract Law?
Law regarding the ability of individuals to form and enforce agreements.
What is Tort Law?
Law protecting the rights of individuals against infringement by other individuals.
What three main principles of Tort Law came out of the Donoghue Case (Snail in ginger beer)?
- Tort of Negligence, allowing people to recover damages due to careless actions of others
- Duty of Care
- ‘Neighbour Principle’ - you must not injure your neighbour
What are the types of Torts?
Unintentional
- Negligence
- Failure to Warn
- Nuisance
Intentional
- Battery
- Trespass
What are the three essential elements of Negligence?
- Defendant owed a duty of care
- Defendant broke duty through action or inaction below standard of care
- Defendant’s breach caused injury
What is Duty of Care?
Taking reasonable care not to harm your neighbour. Neighbour is someone you should have in contemplation when undertaking activity.
What is included in Duty to Warn?
If an engineer becomes aware of potential economic loss or threat to public safety, they must warn:
- client/owner
- authorities
- Association
What is Joint and Several Liability?
Where two or more people acting in concert are responsible for loss of injury, they are joint and severally liable.
What is Nuisance?
A situation that unreasonably interferes with a person’s use or enjoyment of property.
What are Limitation Periods and their lengths?
Time limitation on losses
- Two years for personal injury or property damage
- Six years for other losses
- 15 year ultimate limitation period
