1. Introduction to Canadian Law Chapter 1 What is Law?

2. Law is… …a series of rules- rules that govern the relationships between individuals, rules that govern the state (country), and rules that govern the relationships of businesses and other associations that exist in society. …a series of rules- rules that govern the relationships between individuals, rules that govern the state (country), and rules that govern the relationships of businesses and other associations that exist in society.

3. Why do we have laws? Help us to avoid and settle disputes Help us to avoid and settle disputes Sets out rights and obligations of citizens Sets out rights and obligations of citizens Provide remedies for losses Provide remedies for losses Maintains order Maintains order Provides protection for people and their property Provides protection for people and their property Sets up the structure of government Sets up the structure of government Directs how laws will be made Directs how laws will be made

4. Law is constantly changing… As societies and cultures change, their values and morals change. As societies and cultures change, their values and morals change. “Law should be looked upon as a running stream, carrying society’s hopes, and reflecting all its values.” Chief Justice Bora Laskin “Law should be looked upon as a running stream, carrying society’s hopes, and reflecting all its values.” Chief Justice Bora Laskin

5. As Law Students You will learn that the study of law is complex. You will learn that the study of law is complex. Students must learn not only about the law, but also about the society that binds all people together. Students must learn not only about the law, but also about the society that binds all people together.

6. Rules versus Laws Rules are guidelines that are to be followed Rules are guidelines that are to be followed Examples? Examples? Laws are rules that are enforceable in court Laws are rules that are enforceable in court Citizens cannot opt out of laws Citizens cannot opt out of laws Laws apply to everyone Laws apply to everyone A citizen cannot change a law on a whim there is a process to follow A citizen cannot change a law on a whim there is a process to follow

7. RULES ARE NOT LAWS! BUT ALL LAWS ARE RULES! RULES ARE NOT LAWS! BUT ALL LAWS ARE RULES!

8. ANTI-SOCIAL ACTS When you break the rules of society, such as by taking someone ’ s property, swindling someone in business, obstructing a snowplow on city streets in winter, speeding, then various punishments are prescribed. When you break the rules of society, such as by taking someone ’ s property, swindling someone in business, obstructing a snowplow on city streets in winter, speeding, then various punishments are prescribed. These rules, applied in our society, form the law. These rules, applied in our society, form the law.

9. HOW DOES THE LAW AFFECT YOU??? As an individual, you are free to do as you want – except for those things which the law prohibits. As an individual, you are free to do as you want – except for those things which the law prohibits. Some people readily accept the rules readily while others have more difficulty. Some people readily accept the rules readily while others have more difficulty. It is for this reason that enforcement of rules is often necessary. It is for this reason that enforcement of rules is often necessary.

10. RULE OR LAW? 1. No smoking on school property 2. Get your homework in on time 3. Wear your seatbelt in the car 4. No buying cigarettes under the age of 19 5. No wearing your hat in class 6. Turn off your cell phone at the movie theatre 7. No hunting a deer without a licence 8. No telling fortunes for money 9. No swearing at your teachers

11. Activity! Need for Rules/Laws Need for Rules/Laws

12. Laws are different in each country Every country has its own laws. Every country has its own laws. However, in some countries, major disputes may be settled by military might. However, in some countries, major disputes may be settled by military might. Canadians are governed by the “ rule of law ”. Canadians are governed by the “ rule of law ”.

13. What is the Rule of Law? Canadians are governed by the Rule of Law. This means that every dispute will be settled by peaceful means, namely, by Due Process in the courts before appointed judges. Canadians are governed by the Rule of Law. This means that every dispute will be settled by peaceful means, namely, by Due Process in the courts before appointed judges.

14. LAWS FROM THE PAST Due process occurs when there is: Due process occurs when there is: An orderly proceeding wherein a person is served with notice An orderly proceeding wherein a person is served with notice Has an opportunity to be heard and Has an opportunity to be heard and To enforce and protect his/her rights before a court by having the opportunity to defend in an orderly proceeding To enforce and protect his/her rights before a court by having the opportunity to defend in an orderly proceeding

15. What is the Rule of Law? A three-part principle of justice stating that: A three-part principle of justice stating that: 1) the law is necessary to regulate society 2) the law applies equally to everyone including people in power (police officers, judges) 3) people are not governed by arbitrary power

16. Rule of Law Rule of Law 1) The law is necessary to regulate society 1) Citizens must accept that the law is important follow the law 2) Citizens must use the court system to resolve differences

17. Rule of Law Rule of Law 2) The law applies equally to everyone

18. Rule of Law Rule of Law 3) No one in our society has the authority to exercise unrestricted power to take away our rights except in accordance with the law

19. LAWS FROM THE PAST The ancient laws of other cultures have influenced the development of Canadian Law. The ancient laws of other cultures have influenced the development of Canadian Law. In early societies, local customs and beliefs were the law. In early societies, local customs and beliefs were the law. Eventually, these laws had to be codified, or written down. Eventually, these laws had to be codified, or written down.

20. Code of Hammurabi This is one of the earliest known collections of codified laws. This is one of the earliest known collections of codified laws. Hammurabi was the King of Babylon around 1700 B.C. Hammurabi was the King of Babylon around 1700 B.C. He had about 300 laws codified and inscribed on stone pillars He had about 300 laws codified and inscribed on stone pillars Basic premise, “ an eye for an eye, a tooth for a tooth ” Basic premise, “ an eye for an eye, a tooth for a tooth ” Retribution – justice based on vengeance and punishment. Retribution – justice based on vengeance and punishment. Restitution – payment made by the offender to the victim of a crime. Restitution – payment made by the offender to the victim of a crime.

21. Hammurabi code examples: 1. If a physician operates and the patient dies, then the physician’s hands shall be cut off. 2. If a slave says to his master, “You are not my master”, then his master can cut off the slave’s ear. 3. People should not lie, especially at a trial; otherwise, they are put to death. What do you think?

22. 2) Mosaic Law: Biblical law found in the Book of Biblical law found in the Book of Exodus in the Bible Exodus in the Bible Introduced the Ten Commandments (Ex. Do not steal, do not kill, do not commit adultery) Introduced the Ten Commandments (Ex. Do not steal, do not kill, do not commit adultery) All about restitution: offenders must repay victims for stolen goods All about restitution: offenders must repay victims for stolen goods

23. Do you think our current Canadian laws still reflect the laws of the Ten Commandments? Why or why? Is it a good or bad thing? Do you think our current Canadian laws still reflect the laws of the Ten Commandments? Why or why? Is it a good or bad thing? Think-Pair-Share:

24. And then there were the Romans The earliest Roman code of law, the Law of Twelve Tables, was compiled around 450 B.C., and inscribed on a dozen bronze tablets set up in the Forum. The earliest Roman code of law, the Law of Twelve Tables, was compiled around 450 B.C., and inscribed on a dozen bronze tablets set up in the Forum. This set of laws remained in use for over 1000 years. This set of laws remained in use for over 1000 years.

25. Other Law Codes The Justinian Code was a second set of Roman laws A.D. 565. The Emperor, Justinian made the justice system available to everyone in society- the rich and the poor. “ You were innocent until proven guilty ”. The Justinian Code was a second set of Roman laws A.D. 565. The Emperor, Justinian made the justice system available to everyone in society- the rich and the poor. “ You were innocent until proven guilty ”. Later in the 18 th century, Napoleon revised the laws of France into the Code Napoleon which is the basis for today's Quebec laws. Later in the 18 th century, Napoleon revised the laws of France into the Code Napoleon which is the basis for today's Quebec laws.

26. The Trials Trial by ordeal – used only when the sentence for guilt was the death penalty, it required a person to undergo torture to determine guilt or innocence. Trial by ordeal – used only when the sentence for guilt was the death penalty, it required a person to undergo torture to determine guilt or innocence. Trial by oath helping – friends of the accused would swear on the Bible that he or she was innocent. From this came the use of juries to decide cases. Trial by oath helping – friends of the accused would swear on the Bible that he or she was innocent. From this came the use of juries to decide cases. Trial by combat – determining guilt or innocence by having the parties fight a duel. From this came the adversarial system, the judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury. Trial by combat – determining guilt or innocence by having the parties fight a duel. From this came the adversarial system, the judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury.

27. Hanged...

28. Drawn...

29. And Quartered!

30. Or... This Way!

31. Common Law In 1066, William the Conqueror defeated King Harold at the battle of Hastings, and was in control of England. His grandson, Henry II, tried to bring consistency and fairness to the law. In 1066, William the Conqueror defeated King Harold at the battle of Hastings, and was in control of England. His grandson, Henry II, tried to bring consistency and fairness to the law. Judges (called circuit judges) traveled to villages to hear cases and began to record the cases and their decisions. (these traveling courts were called assizes)This helped to establish a common method of dealing with similar legal cases, which became known as “ common law ”, that is, that it was common to everyone. (aka. Case law) Judges (called circuit judges) traveled to villages to hear cases and began to record the cases and their decisions. (these traveling courts were called assizes)This helped to establish a common method of dealing with similar legal cases, which became known as “ common law ”, that is, that it was common to everyone. (aka. Case law) As these written reports became available, judges would follow the precedent or example in deciding a case before them. This practice led to a principle known as “ stare decisis ” which means to “ stand by the decision. ” As these written reports became available, judges would follow the precedent or example in deciding a case before them. This practice led to a principle known as “ stare decisis ” which means to “ stand by the decision. ” This led to the “ rule of precedent ”, applying a previous decision to a case that has similar circumstances. This led to the “ rule of precedent ”, applying a previous decision to a case that has similar circumstances.

32. King John (1199-1215, England) abused his powers as a king King John (1199-1215, England) abused his powers as a king He thought he was above the law He thought he was above the law Therefore, English Barons threatened to throw a civil war unless he signs the Magna Carta, which restricted the English Monarchs power and protected public rights and privileges –he signed it! Therefore, English Barons threatened to throw a civil war unless he signs the Magna Carta, which restricted the English Monarchs power and protected public rights and privileges –he signed it! Magna Carta

33. Main Features: Main Features: Rule of Law: ensures everyone is equal under the law and no one is above –kings must obey the law as well Rule of Law: ensures everyone is equal under the law and no one is above –kings must obey the law as well Habeas Corpus: entitlement to appear before a judge in a reasonable time to determine lawfulness of ones detention/detainment Habeas Corpus: entitlement to appear before a judge in a reasonable time to determine lawfulness of ones detention/detainment No restrictions of freedom without reason No restrictions of freedom without reason Legal rights could not be changed without consent from the people Legal rights could not be changed without consent from the people Impact on Canada’s legal system: Impact on Canada’s legal system: Rule of Law Rule of Law Habeaus Corpus Habeaus Corpus Magna Carta