sources of law Flashcards
1
Q
canada’s constitution
A
- statute, includes:
- charter
- separation of power between provinces and federal governments
- no environmental references, no constitutional base so its a challenge to determine hwo has control over issues
- other stuff
2
Q
acts (statutes) and regulations
A
- an act and regulations for everything
- regulations followed within act
- by laws: created by communities
- when politicians make legislation they go through debates - chance for revision
3
Q
acts vs regs
A
- regs must be followed within the act - implementation of act
4
Q
law makers: legislature and parliament
A
- MLAs - members of legislative assembly
- MPs - member of parliament
- law making in NS: 1st and 2nd reading of bill, to committee and hearings, detailed debate by house, third reading, royal assent - switch from bill to act, in effect on day of assent or date fixed by proclamation
5
Q
laws in ns
A
- NS: governed by both fed and prov laws (and municipal)
- some environmental issues governed by prov and fed at the same time - can get complicated
6
Q
sources of law for endangered species
A
- SARA
- ESA
7
Q
regulations
A
- made by minister responsible for act
- governs details and applications of act
- full force law
- regulations must be followed within act
- ex. cap and trade regulations under NS environment act
8
Q
case law/common law
A
- judges make ruling on legal disupte - sets precedent
- based on precedent - every other judge must follow
- removes arbitrariness
- in theory: similar facts –> similar results but its actually more complicated
9
Q
complicatedness of common law
A
- same facts in AB and NS - different results
different countries: can look to see what was decided in other places - if judges are bound by precedent does common law change? - once in a while yes, evolves over time
10
Q
examples of common law issues
A
- contracts
- property issues
- certain employment issues
- compensation for injuries
11
Q
finders keepers ex.
A
- origin: 2nd century rome
developed in 1733 UK court cake - right of ownership agaisnt whole world except rightful owner (must takes reasonable steps to find owner)
- refined further in canada in 1998
12
Q
Civil Law
A
- mostly current and former colonies of france - and quebec
- based on code of law written by legislators
- judges rely on and interpret code
13
Q
Civil Law vs. civil law
A
- private law = civil law - relations between individuals, property, contracts, torts
- public law: relations between citizens and government, human rights, administrative law, criminal law, constitutional law
14
Q
trespassing ex.
A
- cases dealing with trespassing: common law
- politicians decided it wasn’t enough
legislation dealing with certain types of entering onto property without permissions - ex. NS protection of property act - act covers something normally covered by common law, act takes precedent
15
Q
legislature and judges
A
- legislation > common law
- judges interpret legislation –> new level of common law
- legislature can amend statutes if judges misinterpret - unless constitution which is hard to change
