The Development of Canadian Law CLU 3MR Lesson 7

The Development of Canadian Law Learning Goal: Recognize the connections between Canadian law and our history In the News: Review activity History of Law; note and discussion Questions and case studies

Review Questions: Explain the difference between substantive and procedural law. Explain the difference between public and private law Identify the type of law that regulates government boards and agencies. What type of law protects your rights and freedoms in Canadian society? What areas of law are considered part of private (civil) law?

Early History of Law Early laws were based simply on common sense and custom They were passed on by word of mouth As societies grew, laws became more complex People couldn’t remember them They had to be written down

Hammurabi’s Code King of Babylonia, 3800 years ago Earliest written law Carved on a stone pillar and placed in the centre of town One was unearthed in 1901 Code was organized into categories Punishments were listed as well so judges didn’t have to make a decision Retribution (pay back) was important “an eye for an eye”

Mosaic Law Found in the first 5 books of the Old Testament Includes the 10 Commandments Still important in the Jewish and Christian faiths Punishments were severe

Task: Look at the timeline on pages 12-13. Write down one point about how each of these laws influenced our legal system.

The Greeks Democracy came from them The jury system derived from the Athenian assembly

The Romans Became the basis for law in Western Europe The study of law became a profession—lawyers Emperor Justinian (527-564 CE) codified 1000 years of law and produced Justinian’s Code Emphasized the idea that all people were equal under the law, laws had to be fair

Napoleonic Code Written by Napolean Bonaparte, in 1804, also focused on justice for all Also called the French Civil Code Became a model for many European countries Still the basis for Quebec’s civil law

British Influence Early Anglo-Saxon law was unwritten Law was kept by the bishop, the earl, and the sheriff (Shire Reeve) Trial by Ordeal Attempt to appeal to God Dangerous or painful test was administered Ex. holding a hot iron or being bound and thrown in the river Trial by combat was later used

Henry I (1100-1135) Established a “common law” for all Englishmen ‘Common law’ is also referred to as ‘case law’ Based on the rule of precedent Earlier decisions on similar cases Appeals could be made to the monarch when people were unhappy with the judge’s (or lord’s) decision

King John (1199-1216) Forced to sign the Magna Carta (Great Charter) The king would respect the rights of clergy, barons, and freemen No man shall be imprisoned without a fair trial with witnesses (habeas corpus) Even the king is subject to the law

Case Citation Look at page 17 of the textbook for examples ‘R.’ always refers to the Queen (Regina) or King (Rex) and represents society ‘v.’ is ‘against’ (just like sports!) The other name is the defendant’s Year of the decision Court the case was heard in

Case Citation examples: R v Smith (2007) SCC Anderson v Jones (2016) ONCA R v Bergman (2014) CanLII Canadian Legal Information Institute

Tasks: 1. With the person beside you, discuss the Review questions on Page 21. (These questions are a great place to look for possible test and quiz questions! When reviewing at home, ALWAYS go over these.) Complete the 2 case studies on page 18. These are to be handed in tomorrow. Complete the hand out with key terms on one side and “Looking Back” on the other. (Hand in tomorrow)