1. Unit 1 – Heritage of Law Chapter 2 – Sources and Categories of Law Primary Sources of Law

2. Agenda 1. Primary Sources of Law lesson 1. Primary Sources of Law lesson 2. Take-up Brandeis Brief/Court (1908), p.81 & do ?’s 1-3 on page 81 2. Take-up Brandeis Brief/Court (1908), p.81 & do ?’s 1-3 on page 81 4. Homework-read Re Resolution to Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s 1-4 on p.45 4. Homework-read Re Resolution to Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s 1-4 on p.45

3. Learning Goal for Today By the end of the lesson(s), students will be able to distinguish between primary and secondary sources of law By the end of the lesson(s), students will be able to distinguish between primary and secondary sources of law

4. Expectations Students will: distinguish between primary and secondary sources of law Students will: distinguish between primary and secondary sources of law CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society

5. Primary Sources of Law Primary Sources of Law Primary Sources of Law Those parts of the legal system that have the longest historical development Those parts of the legal system that have the longest historical development Represent the system’s cumulative values, beliefs, and principles Represent the system’s cumulative values, beliefs, and principles

6. Primary Sources of Law Influence of Social and Political Philosophy Holocaust Holocaust US Civil Rights Movement US Civil Rights Movement CCF/Depression impact on social security, EI, and workers’ compensation CCF/Depression impact on social security, EI, and workers’ compensation Parti Quebecois/Bloc Quebecois Parti Quebecois/Bloc Quebecois

7. Primary Sources of Law

8. Is Anti-Semitism Dead? (Don’t Write) One cartoon, in Montreal’s fiscally conservative but otherwise left-leaning La Presse, showed Dumont dressed up as an ultra-orthodox Jew, sporting sidecurls and a broad-brimmed fur hat, with a sinister and crazed expression on his face. “Next week, I’ll be courted by nude cyclists…” he says. No matter that Quebec’s Jews are mostly secular and bilingual, or that the ultra-orthodox make up a minuscule minority of Quebec Jewry – less than 5%. The same paper’s page one headline, “Dumont courtise par la communaute juive,” was included inside the cartoon. The fact that Dumont’s having met with Jewish fundraisers earned it front page coverage speaks volumes, as does use of the word “courtise,” or “courted.” Dumont, it seems, was being seduced by those who would lead him down the primrose path.

9. Primary Sources of Law Is Anti-Semitism Dead? Discuss

10. Primary Sources of Law Drummond Wren, [1945] OR 778 (HC, in Chambers) Drummond Wren, [1945] OR 778 (HC, in Chambers) Restrictive Covenant regarding Jews or persons of objectionable nationality Restrictive Covenant regarding Jews or persons of objectionable nationality Against Public Policy Against Public Policy Violated Racial Discrimination Act passed in Ontario in 1944 Violated Racial Discrimination Act passed in Ontario in 1944

11. Primary Sources of Law Custom – a long established way of doing something, that over time, has acquired the force of law (original Sunday shopping ban) Convention – a way of doing something that has been accepted for so long that it amounts to an unwritten rule (ex. Governor General is Canadian)

12. Primary Sources of Law Canada’s laws reflect our Judeo-Christian heritage Canada’s laws reflect our Judeo-Christian heritage Primary source Old Testament of Christian Bible Primary source Old Testament of Christian Bible First 5 books include Jewish Torah First 5 books include Jewish Torah

13. Primary Sources of Law Core of laws – 10 commandments, forbade: Murder and theft Murder and theft False witness False witness Worship of other gods Worship of other gods Christianity – as taught by Jesus, contained the 10 commandments and many other aspects of Jewish Law

14. Primary Sources of Law Religion came to Canada along with Christian missionaries and colonists in the 16 th and 17 th century Profound effect on Canadian law Profound effect on Canadian law Ex Preamble of Charter: Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law Ex Preamble of Charter: Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law Natural law connection Natural law connection

15. Primary Sources of Law Other countries have laws that reflect their religious heritage Examples? Qur’an, Hinduism, Shintoism Canada’s laws also reflect the influence of moral philosophy or ethics

16. Primary Sources of Law Moral philosophy deals with the distinction between right and wrong in human behaviour and laws are affirmations of what society considers good and bad Moral philosophy deals with the distinction between right and wrong in human behaviour and laws are affirmations of what society considers good and bad Canada’s laws reflect strong moral sense that certain actions are wrong by their very nature – not because religion forbids it but because human reason tells us so Canada’s laws reflect strong moral sense that certain actions are wrong by their very nature – not because religion forbids it but because human reason tells us so

17. Humor Break

18. Homework Homework-read Re Resolution to Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s 1-4 on p.45 Homework-read Re Resolution to Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s 1-4 on p.45 Complete reading and summary notes according to last Friday’s handout Complete reading and summary notes according to last Friday’s handout

19. Primary Sources of Law Handout (given out last Friday): Summarize notes from Chapter 2 for: Lord’s Day Act (religious origin, issue, passage, challenge by big M) Lord’s Day Act (religious origin, issue, passage, challenge by big M) Greek Influences (citizen participation & jury – s.3/11 of Charter) Greek Influences (citizen participation & jury – s.3/11 of Charter) Roman Influences (Code, lawyers) Roman Influences (Code, lawyers) Aboriginal Influences (oral tradition, Gayanashagowa, self-government, Nunavut) Aboriginal Influences (oral tradition, Gayanashagowa, self-government, Nunavut)

20. Primary Sources of Law Summarize Notes for: British influences – huge influence (jury, presumption of innocence, rule of law) British influences – huge influence (jury, presumption of innocence, rule of law) medieval history (trial by ordeal, William, King Henry II/circuit judges = caselaw/common law) medieval history (trial by ordeal, William, King Henry II/circuit judges = caselaw/common law)

21. Primary Sources of Law Summarize notes for: French Influences (French civil law & where it came from and link to Quebec civil code) French Influences (French civil law & where it came from and link to Quebec civil code)

22. Primary Sources of Law Summarize notes for: Canadian examples of influence of custom and convention (village/beach ex. and repatriation constitutional amending formula convention contraversy) Canadian examples of influence of custom and convention (village/beach ex. and repatriation constitutional amending formula convention contraversy) Note case on point on page 44 & 45 is part of assigned cases and questions Note case on point on page 44 & 45 is part of assigned cases and questions