Week 6 Flashcards
statutory law
passed by parliament or provincial legislature
common
based on precedents
constitutional
fundamental rights and freedom
relationships between people and their government
regulatory
legally binding feature on an act
two legal traditions in Canada
public law
private (civil) law
public law
relationship between people and society
constitutionals, administrative, criminal
private law
relationships between individuals
tort, contract, commercial
how are laws made
bills can originate in the house of commons or the senate
but be approved by both and the governor general
an act goes into force after it receives royal assent
steps to law making
first reading second reading committee stage report stage third reading senate royal assent
kind of laws: legislation
acts or statutes
written laws enacted by parliament
kinds of laws: regulation
a form of law the defines the application and enforcement of legislation
kinds of laws: guidelines
departmental documents used to interpret legislation regulations
health Canada
has primary authority to implement acts specifically related to health
health Canada acts
canada health act tobacco act food and drugs act labour code non-smokers health act patent act quarantine act
charter of rights and freedoms section 7
right to life, liberty and security of the person
charter of rights and freedoms section 15
all are equal under the law
right to equal protection and benefit from the law
Winnipeg Child and Facility Services vs. Ms. G
5 months pregnant with fourth child
caught glue sniffing
court originally ruled int he favour of the fetus to have the women detained
jordans river Anderson
was 2+ years in the hospital while P/T governments argued over who would pay for the cost of home care
died at 5
Jordans principle
provides first nation children with public services, accounting for culture and history of colonization, without denial/delay/disruption of services because they are first nations
health records
belong to the patient but are owned by the practitioner
may withhold benefit it for greater good
maintained for 10 years
the privacy act
requires government departments and agencies to limit the private information they collect from individuals, and restricts use and sharing of this information
