Sources and Types of Law in Canada

Sources of Law in Canada –

Constitutional Law Constitutional law overrides all other laws If a law is found to be in violation of the Constitution it may be struck down by the courts on the grounds that it is “unconstitutional” Charter of Rights and Freedoms is a major part of the Constitution

Common Law A body of law created from previous court decisions. Guiding principle is ‘stare decisis’ (determine decision based on rule of precedent, meaning to stand by one’s decision). Trials must be held publically. Judges must give reasons for their actions. ‘Ratio decidendi’ (reason for deciding).

Statute Law   passed by elected representatives in the legislature in the form of acts or bills many laws are statutes – these are common law decisions that have been codified – example = Criminal Code of Canada statutes override common law decisions where no statute exists to deal with a particular situation, common law will prevail when a judge interprets and applies a statute, that decision then sets a precedent – from that point on similar cases must be interpreted in the same way by all lower courts each level of government federal, provincial, and municipal has the power to enact legislation in its own area of political jurisdiction

Federal Government Some areas of jurisdiction are: criminal law federal penitentiaries employment insurance banking and currency marriage and divorce postal services

Provincial Government Some areas of jurisdiction are: hospitals police forces property rights highways provincial jails

Local Government municipal or local governments make laws called bylaws - deal with local issues (such as how high the backyard fence show be, who should clear the snow from the sidewalk or how often garbage should be collected

Divisions of Law Time to Take up the Chart!

Categories of Law The Law International Law Domestic Law A law is a rule needed to govern an action; a rule that is established by government for the members of its society to follow and obey International Law a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another. Domestic Law A body of rules that governs the behaviour and actions of individuals within a particular country

Divisions of Law Substantive Law Procedural Law Creates and defines laws that list the rights and obligations (duties) of each person in society Example: Property Law Canadians have the right to own property: Therefore: Expel trespassers Sell property Use and maintain the property Pay property tax Procedural Law The steps involved in protecting the rights given under substantive law A woodlot owner discovers people camping on her property Steps she can take stop trespassers Get compensation – sue for damages

Public Law vs. Private Law Controls the relationship between the government and the people. It represents laws that apply to all individuals. Private Law/Civil Law Outlines the rights and responsibilities of private individuals and organizations.

Public Law

Constitutional Law (Public) Body of law that comes from the Constitution- determines legal rights and responsibilities of both levels of government Most powerful set of laws in Canada Courts make sure that all laws are consistent with the Constitution Example: Constitution Act, 1982-outlines our most basic laws.

Administrative Law (Public) Controls the relationship between citizens and government agencies. If you have an issue go in front of an administrative tribunal then ultimately court Examples: Provincial Workers Compensation Board and Liquor Control Board

Criminal Law (Public) Law that identifies crimes and prescribes punishment (Criminal Code) Crime is carried out against not just an individual but society- Represented by R- meaning –Rex or Regina (King or Queen) Goal is to punish offenders and protect society and its members Example of punishment: Loss of liberty (jail) or government supervision (Probation)

Environmental Law (Public) Deals with a complex system of law that works to protect the natural environment. Some environmental law regulates the impacts of human activities. Example: allowable levels of pollution in water

Tax and Aboriginal Law (Public) TAX LAW-is a codified system concerning the levies on economic transactions (taxes) ABORIGINAL LAW-deals with a comprehensive series of acts and regulations concerning natives in Canada.

Private Law

Contract Law (private) Regulates the enforcement of contracts Most important feature of a contract is that one party makes an offer for a bargain that another party accepts. BREACH OF CONTRACT-if someone does not fulfill the terms of a contract (injured party can take legal action) CONTRACT=A legally binding exchange of promises or agreement between parties that the law will enforce.

Employment/Labour Law (Private) Governs the relationship between employers and employees Defines your rights and obligations as workers, union members and employers in the workplace. Examples: employment standards (min. wage, vacation time, pay equity, etc...)

Family Law (Private) Deals with family-related issues and domestic relations (people living together) Examples: divorce, spousal abuse, custody, adoption, child abuse, child abduction, etc...) This area of law is constantly changing.

Property Law (Private) Is a set of legal rules that controls the use, enjoyment and rental of real property (land) and personal property. Includes everything from copyright or patents (for ideas) to jewellery, clothes and buildings. Example: Tenant Protection Act-become familiar with it if you are living away from home for university/college. Property = anything that has cash value

Tort Law (Private) Defines wrongs by one person or a group against another (it is a civil wrong and can be a criminal wrong) Gives remedies to those who have been injured by the intentional or negligent action of others. Examples: -car accident injury because of another’s negligent or criminal behaviour -Defamation-tarnishing someone’s reputation

Wills and Estate Law (Private) Deals with wills and estates Deals with how an individual’s property is distributed after death. This area of law deals with wills that clearly layout an individual’s wishes.

Which Category of Law is it? Complete the worksheet!