1. SOURCES AND CATEGORIES OF LAW
UNIT 1
(Chapter 2)

2. Sources of Canadian Law
Primary Sources:
Religion and Morality
Historical Influences
Customs and Conventions
Social and Political Philosophy
Secondary Sources of Canadian Law
The Constitution
Statute Law
Case Law

3. Primary Sources of Canadian Law
1. Religion and Morality
Judeo-Christian influence (God)
Morality: Right vs. Wrong behaviour
(As determined by society)

4. Primary Sources of Canadian Law
2. Historical Influences
Greeks (participation, jury)
Romans (written codes, lawyers)
Aboriginal (consensus, constitution)
British (case law, rule of law)
French (civil code)
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5. Primary Sources of Canadian Law
3. Customs and conventions
Laws are supported by established ways that society has of doing things.
These practices often find their way into the laws.

6. Primary Sources of Canadian Law
4. Social and Political Philosophy
These change over time and new laws must address these changes.
Tied to changing societal values

7. Secondary Sources of Canadian Law
1. The Constitution
The supreme law of the land
body of law which deals with the distribution and exercise of gov’t powers.
Overrides statute and case law
Make sure all law consistent with the Constitution.
If a law violates the constitution it may be thrown out by the courts. (Ex. Abortion law)
Constitution is referred to as the Constitution Act of 1982(formally BNA Act)

8. Secondary Sources of Canadian Law
2. Statute Law
Made by Federal and Provincial legislatures
Gives lawmaking power to democratically elected reps
refers to a law or act passed by government. Statutes override common law….if there is no statute then the common law applies.

9. Secondary Sources of Canadian Law
3. Case Law or Common Law
Evolves through decisions by judges
The highest court to make a decision will set a “precedent” that all similar cases must follow.
Case Law can be changed by new Statute Law, but both must defer to Constitutional Law.

10. Categories of Law Substantive and Procedural Law
Domestic and International Law
Public and Private Law

12. Categories of Law Domestic Law
Applies within the boundaries of a nation
Can be enforced by the government and interpreted by domestic court authority
In Canada, this process is carried out within the democratic process

13. Categories of Law International Law
Consists of agreements between nations, often through an international body such as the UN
Difficult for all countries to agree on these laws
Even more difficult for these laws to be enforced, due to political factors

15. Categories of Law Substantive Law
Identifies the rights and duties of a person or level of government

16. Categories of Law Procedural Law
Outlines the methods or procedures that must be followed in enforcing substantive laws

18. Categories of Law Public Law
Refers to those laws which apply to dealings between individuals and the state
Includes branches of constitutional law, administrative law, and criminal law

19. Categories of Law Private Law
Refers to those laws that apply to dealings between private individuals or organizations
Also referred to as “civil law”
Includes tort, property, contract, estate, corporate, consumer and family law

20. Figure 2.8 Categories of Law, p. 45
Private law is divided into tort law, contract law, family law, wills and estates law, property law, and employment law.