Law 12 Unit 1 Review: Chapters 1-3 1.1 Students will be expected to explain what law is and why laws are needed. 1.2 Students will be expected to investigate the historical roots of Canadian law 1.3 Students will be expected to demonstrate an understanding of the law-making processes in Canada.

Key Terms: Chapter 1 Chapter 2 Chapter 3 Amending Formula Bill Adversarial system Case Law Code of Hammurabi Code of Li k’vei Codified Common Law Divine Right Great Laws of Manu Habeas Corpus Justinian’s Code Magna Carta Mosaic Law Napoleonic Code Quebec Civil Code Restitution Retribution Rule of Law Rule of Precedent Stare Decisis Ten Commandments The Great Binding Law Trial by Combat Trial by Oath Helping Trial by Ordeal Administrative Law Bylaws Civil Law Constitutional Law Contract Law Criminal Law Distinguishing a Case Domestic Law Employment Law English Common Law Estate Law Family Law International Law Jurisdiction Private Law Procedural Law Property Law Public Law Statute Law Substantive law Tort Law Amending Formula Bill Canadian Charter of Rights and Freedoms Civil Liberties Executive Branch Federal System Government (public) Bill Intra Vires Judiciary Legislative Branch Lobby Groups Patriate Principle of Equalization Private Members Bill Residual Powers Shared Cost Agreements Statute of Westminster Ultra Vires Unitary System

Chapter 1

Rules vs. Laws

The Rule of Law Reduce chaos Clear expectations All citizens Law is necessary to regulate society. Law applies equally to everyone. People are not governed by arbitrary power. Reduce chaos Clear expectations All citizens No exceptions Using power or privilege to further individual interests in the name of the law

Law as a Social Construct How does law construct society? How does society construct law?

Law vs. Justice What is justice? Is the law always just? Do you perceive the Canadian justice system as fair? Why or why not? Should there ever be exception to the law? Explain.

4 Principles of Justice Treat like cases alike and different cases differently. How does this relate to: Life? School? Family? Law is unjust if it discriminates on the basis of irrelevant characteristics. Race, ethnicity, gender, ability, etc. Is age relevant or irrelevant? Justice should be impartial. Celebrity? Power? Law should conform to societies values and beliefs. What role does politics play?

Contributions to our Legal System What has Canadian law taken from each of the following historical systems? Code of Hammurabi Magna Carta Mosaic Law Feudal System Greek Law Adversarial System Roman Law Devine Right of Kings Justinian’s Code Napoleonic Code

Aboriginal Principles of Justice Existing governing structures pre-contact. The Iroquois Confederacy Mohawk, Onondaga, Seneca, Oneida, Cayuga, Tuscarora Quebec to Illinois The Great Binding Law: rights, duties, responsibilities of the people Included adoption, emigration, treason, secession.

Ethics

Chapter 2

English Common Law United Kingdom (English or British) Common to All AKA Case Law AKA Judge made laws Stare Decisis (stand by previous decision – different case, same situation) What if precedent set is outdated? Who started it, why it was started, how did it impact our laws today?

The Law

Types of Law Domestic International Substantive & Procedural Law Within the country Authority granted through the constitution Applies to everyone while in the country, but does not necessarily outside. (child sex tourism law vs. vandalism). Governs relations between independent nations. Relies on Diplomacy NATO NAFTA United Nations (1945) 192 countries...Pakistan? Help nations resolve disputes peacefully. Avoid war. Protect human rights. Codifies and develops international laws. Issue: no formal means of enforcement (global police)

Types of Law Substantive Procedural Rights Duties Obligations Citizens & Government Outlines the methods of enforcing the rights and obligations of substantive law.

Types of Law Public Private Regulates the relationship between government and society. Constitutional Administrative Criminal Governs the relationships between individuals, organizations, or the individual and organization. Tort Contract Family Wills & Estates Property Employment

Jurisdiction The authority to pass or enforce laws under the control of that level of government OR the judicial authority to decide a case. FEDERAL PROVINCIAL MUNICIPAL (BYLAWS) CRIMINAL LAW PENITENTIARIES EI BANKING AND CURRENCY MARRIAGE & DIVORCE POSTAL SERVICES HOSPITALS POLICE PROPERTY HIGHWAYS & ROADS PROVINCIAL JAILS PUBLIC TRANSPORTATION GARBAGE REMOVAL PARKING

The Constitution July 1, 1867 BNA Act (1st) Sets out the responsibilities of each level of government Limits powers of government (no one above the law) Overrides all other laws

Powers of Government Intra Vires Ultra Vires Within the power Beyond the powers

Statute of Westminster 1931 Canada to makes its’ own laws (independent of Britain) Canada gained control of its own foreign affairs Could NOT amend its’ own Constitution

Constitution Act 1982 Equalization (payments to provinces to ensure equal access to services such as health care). Control over natural resources to Provinces, however subject to federal regulations. Amending formula for future changes. Charter of Rights and Freedoms. Rights of Aboriginals.

Parliamentary System

House of Commons / Lower House

House of Senate/ Upper House

Bill becomes Law

Lobby Groups Attempt to influence legislators to create laws that further their interests. MADD Coalition for Gun Control Legal Education Action Fund

Royal Commissions Appointed by the federal Cabinet to investigate specific national problems: ENERGY GOVERNMENT ORGANIZATION NON-MEDICAL USE OF DRUGS PATENTS, COPYRIGHT AND INDUSTRIAL DESIGNS PUBLICATIONS STATUS OF WOMEN IN CANADA TAXATION TRANSPORTATION WAR CRIMES NEW REPRODUCTIVE TECHNOLOGIES ABORIGINAL PEOPLES, BANKING AND FINANCE BILINGUALISM AND BICULTURALISM BROADCASTING CANADA'S ECONOMIC PROSPECTS CONSTITUTIONAL PROBLEMS DOMINION-PROVINCIAL RELATIONS