Primary and Secondary Sources of Canadian Law

Your Turn What is a primary source? Influences of the following: Religion and Morals Greek Roman English- Magna Carta French Aboriginal Customs and Conventions Social and Political Philosophy

Secondary Sources Not like history or social science when you are researching Laws and reported cases that are written down, codified, cited by various forms of lawmakers Enshrine a society’s values, beliefs and principles in written rules and regulations

The Constitution

The Charter

The Constitution Body of laws that deal with the distribution of government powers and sets out certain legal principles BNA Act 1867 “ a constitution similar to Britain…” *remember the two important principles that are contradictory in effect Constitution (Canada) act of 1982, The Charter of Rights and Freedoms 1982 The Constitutional reflects that interpretations by the SCC must be followed by the government (the SCC essentially clarifies)- so then who has the real power, the government or the courts? Sections 91 and 92

Statute Law Any law PASSED by the federal or provincial governments/parliaments Passage of a Bill*- Royal Assent All laws must be legislated in accordance to the Constitution- different levels of government cannot legislate beyond their responsibilities

Statute Law Ultra Vires- beyond the power of Intra Vires- within the power of Aboriginal View?

Statutory Interpretation Judges interpret laws through cases that relate to laws Judges are required to use certain guide or aids- “Mischief rule”- focus on the problem the statute was intended to correct Internal aids- definitions of legal terms within the statute External aids- legal dictionaries and legal scholarship

Case Law Judges render written decisions or explanations of their rulings- Case Law or sometimes Judge Made Law When courts rule on a case they set a precedent (more on this later)- a legal decision that must be followed in similar cases thereafter Stare Decisis