Sources of Law Powerpoint Flashcards
Note: Any missing covered in Intro to Sources of Law
What is the Constitution of Canada?
- Supreme law of Canada
- Defines the powers of federal and provincial gov
- Contains Charter of Rights and Freedoms
- Cannot be ammended by regular Act of Parliament
Difference between Federal Parliament and Provincial Legislatures
Federal: jurisdiction over matters of national importance (foreign affairs, criminal law)
Provincial: jurisdiction over matters of local importance (land ownership, civil law)
What are the 3 limits to the Charter of Rights and Freedoms?
- Applies only to government action
- There are limits in a free and democratic society
- Notwithstanding clause
What two bodies of law has Common Law evolved into?
Contract and Tort Law
What is Contract Law?
Law that enforces the rights that arise out of an agreement
What is Tort Law?
A civil wrong - seeks to provide compensation for losses suffereby a party as a result of wrongdoing by others
(e.g. defamation or negligence)
How is Quebec law different?
Civil matters are dealt with under French-heritage civil law rather than common law
Describe the Quebec civil-law tradition
Courts look to a civil code (statement of rules) first before looking to previous decisions
How is the legal system in Canada pluralist?
It has foundations in English common law, French civil law, and Indigenous law systems
What is Indigenous Law?
Where Indigenous groups apply legal traditions in daily life, and maintain their laws through traditional governance alongside elected officials and federal laws
What is Aboriginal Law?
The area of law related to the Canadian governments relationship with Indigenous peoples.
The Constitution Act 1867 gives the federal government exclusive power to legislate in matters related to Aboriginals
What does concurrency in the law mean?
That laws are independently and equally applicable
