1. Canadian & International Law Primary & Secondary Sources of Law

2. Primary Sources Customs and Conventions Customs and Conventions Religion Religion Social and Political Influences Social and Political Influences

3. Customs & Conventions In ancient societies, customs (general practices) and rules were generated to deal with everyday situations In ancient societies, customs (general practices) and rules were generated to deal with everyday situations Passed on between generations, usually by word of mouth Passed on between generations, usually by word of mouth Some continued to exist despite becoming unnecessary, others developed into formal (written) laws Some continued to exist despite becoming unnecessary, others developed into formal (written) laws

4. Conventions: agreements or arrangements that are not necessarily part of a formal contract but nevertheless impose an obligation to the parties involved Conventions: agreements or arrangements that are not necessarily part of a formal contract but nevertheless impose an obligation to the parties involved Also may mean doing something because that is the way it has always been done Also may mean doing something because that is the way it has always been done Long standing unwritten rules are often considered binding conventions Long standing unwritten rules are often considered binding conventions

5. Religion “Supremacy of God” included in Charter, but the Church has no official position in the Canadian legal system “Supremacy of God” included in Charter, but the Church has no official position in the Canadian legal system Inclusion shows that religion has helped shaped our laws Inclusion shows that religion has helped shaped our laws Mosaic Law – the 10 Commandments Mosaic Law – the 10 Commandments Some have stayed, some have no relevance anymore Some have stayed, some have no relevance anymore

6. And God spoke all these words, saying: 'I am the LORD your God… ONE: 'You shall have no other gods before Me.' TWO: 'You shall not make for yourself a carved image--any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth.' THREE: 'You shall not take the name of the LORD your God in vain.' FOUR: 'Remember the Sabbath day, to keep it holy.' FIVE: 'Honor your father and your mother.' SIX: 'You shall not murder.' SEVEN: 'You shall not commit adultery.' EIGHT: 'You shall not steal.' NINE: 'You shall not bear false witness against your neighbor.' TEN: 'You shall not covet your neighbor's house; you shall not covet your neighbor's wife, nor his male servant, nor his female servant, nor his ox, nor his donkey, nor anything that is your neighbor's.'

7. Examples: Illegal to shop on a Sunday in Ontario Illegal to shop on a Sunday in Ontario Children not allowed to play in park on Sunday Children not allowed to play in park on Sunday Students recite “Lord’s Prayer” at the beginning of each school day Students recite “Lord’s Prayer” at the beginning of each school day

8. Social & Political Influences Law cannot be separated from social, political, economic & cultural characteristics of a country Law cannot be separated from social, political, economic & cultural characteristics of a country Laws reflect the values of citizens – individual rights and freedoms, protection of people and property, even distribution of wealth Laws reflect the values of citizens – individual rights and freedoms, protection of people and property, even distribution of wealth But supporters of other structures may disagree – How? But supporters of other structures may disagree – How?

9. Role of women Role of women 1983 – official repeal of the offence of rape 1983 – official repeal of the offence of rape Laws that are too far behind or too far ahead of societal attitudes are not likely to be followed Laws that are too far behind or too far ahead of societal attitudes are not likely to be followed

10. Secondary Sources Constitutions Constitutions Statute Law (substantive) Statute Law (substantive) Case Law (common) Case Law (common)

11. Constitution Enacted in 1982 Enacted in 1982 Basic blueprint for governance Basic blueprint for governance Gives authority to various levels of government to make the law (jurisdiction) Gives authority to various levels of government to make the law (jurisdiction) Sections 91 and 92 Sections 91 and 92 Charter of Rights and Freedoms is a part of the Constitution, therefore all laws must be in accordance with it Charter of Rights and Freedoms is a part of the Constitution, therefore all laws must be in accordance with it

12. Statute Law A law passed by elected officials at either the federal or provincial level A law passed by elected officials at either the federal or provincial level Also includes municipal bylaws Also includes municipal bylaws Ex. Criminal Code, Highway Traffic Act, Education Act Ex. Criminal Code, Highway Traffic Act, Education Act

13. Case Law Recorded decisions of judges (past cases) Recorded decisions of judges (past cases) Involves extracting legal principles from past judgments and applying them to new situations Involves extracting legal principles from past judgments and applying them to new situations Rule of Precedent (stare decisis) Rule of Precedent (stare decisis)

14. Chapter 2 – Terms Jurisprudence Jurisprudence Conventions Conventions Patriate Patriate Repeal Repeal Ultra Vires Ultra Vires Intra Vires Intra Vires Statute Statute Common Law Common Law Precedent Precedent Stare Decisis Stare Decisis Uniformity Impartiality Ratio Decidendi Restorative Justice Civil Law Adversarial Trial System Inquisitorial Trial System Substantive Law Procedural Law Domestic Law International Law