Unit 1 - Legal Foundations Pt. 2 Flashcards
6 Main Legal Principles
- Presumption of Innocence
- Burden of Proof
- Habeus Corpus
- Right to a Fair & Speedy Trial
- Equality before the Law
- British Common Law
Presumption of Innocence
a. Anyone charged w/ a crime is presumed innocent
b. It is the responsibility of the Crown (represents the gov. or society) to prove the defendant guilty
Burden of Proof
a. Crown is responsible for providing proof “beyond a reasonable doubt”
b. If there is some doubt as to the guilt of the accused /defendant, they can be released or retired
c. If there is not enough proof there can be a HUNG JURY (the decision of the jury is not unanimous)
Habeus Corpus
a. “to have the body”
b. Means that the accused has the right not to be detained or imprisoned unlawfully
c. If the Crown cannot show the reason for detention, the person has to be released
Right to a Fair and Speedy Trial
a. Fairness is ensured through an impartial jury of one’s peers
b. Knowledgeable and unbiased judge
c. Strict rules governing evidence, appeals, etc.
Equality Before the Law
a. All people should be judged by the evidence and only the evidence
b. “Justice is blind”
British Common Law
a. W/ the exception of Quebec Civil Law, the Canadian legal system follows traditions of British Law
b. Jury by one’s peers, double jeopardy, protection from self-incrimination, use of precedent
Legislative Branch
Create, debate, + vote on possible laws.
- GG: Royal Assent
- Senate: appointed by PM + GG - 105 senators total
- House of Commons: elected - 1 / 338 ridings
Executive Branch
Implement, enact, + enforce laws. EX. Ministry of Education.
- Cabinet: MPs chosen by PM
- Can include senators
- 1 cabinet member / province
- 10-12 ministers from Ontario & Quebec
Judicial Branch
Enforce, interpret, + apply laws.
- Supreme Court (9 judges): appointed by the GG (on the advice of PM)
- “Court of last resort”
- Federal Court
- Superior Courts of the provinces
How bills become laws
- First Reading
- Second Reading
- Committee Stage
- Report Stage
- Third Reading
- Senate
- Royal Assent
First Reading
The bill is considered / read for the first time + is printed.
Second Reading
Members debate the bill’s principle.
Committee Stage
Committee members study the bill clause by clause.
Report Stage
Members can make other amendments.
