Classifying Law Chapter 2:
Sources of Law in Canada Canadian Laws originate from three sources: ◦The Canadian Constitution- Constitutional Law ◦Elected Representatives – Statute Law ◦Previous Legal Decisions – Common Law
Common Law Common Law acquired its name because of its general and universal application. It is also known as “Case Law” because its sources include the decisions made by judges in previous cases. Common Law and Case Law are sometimes referred to as English Common Law due to its origins in England.
Common Law Common Law is continually changing as judges decide new cases based on previous decisions. Not all previous precedents in cases are applicable in today’s society. precedent distinguishing a case Judges may reject a decision in a previous case and create a new precedent thereby distinguishing a case.
Statute Law Statute Laws acts Statute Laws are laws passed by elected representatives in the form of acts. Acts House of CommonsProvincial Legislatures Acts become laws by passing through formal procedure in the House of Commons or Provincial Legislatures. Statutes Common Law Statutes by government generally override previous Common Law.
The Federal Government The Federal Government The Federal Government enacts laws within its own jurisdiction which includes: ◦Criminal Law ◦Federal Penitentiaries ◦Employment Insurance ◦Banking and Currency ◦Postal Services ◦And others…
Provincial Governments Provincial Governments Provincial Governments have the authority to make laws within their province that include: ◦Hospitals ◦Police ◦Property ◦Highways and Roads ◦Provincial Jails
Local Governments (Municipal) Municipal Governments Municipal Governments create bylaws which are regulations that deal with local issues such as: ◦Town Curfew ◦Fence Height ◦Snow Removal From Sidewalks ◦Garbage Collection
Aboriginal Law Native band councils are like local governments. Each can make bylaws that apply to reserve lands. Some Native Band Councils have self- Government which allow them to make a wider range of laws in regards to: ◦Marriage ◦Adoption ◦Education ◦Social and Health Services
Constitutional Law The Canadian Constitution The Canadian Constitution is a legal document that determines the structure of the Federal Government and divides powers between the federal and provincial governments. Constitutional Law Constitutional Law sets certain basic laws, principles, and standards that all other laws must adhere to. If a law is found “unconstitutional” it is struck down.
Categories of Law: The Law Domestic Law International Law
Categories of Law: International Law International Law International Law includes laws that govern the conduct of independent nations in their relationships with one another. treaties Nations sign treaties or international agreements and consider them as binding as any law. These agreements can include anything from extradition, trade, and defense.
Categories of Law: Domestic Law Domestic Law Domestic Law is the set of laws set out by a nation inside its own boundaries. statute law case law These laws usually come from a constitution or a monarchy and usually include both statute law and case law.
Categories of Law: The Law International Law Domestic Law Substantive Law Procedural Law
Categories of Law: Substantive Law Substantive Law Domestic Law Substantive Law is one category of Domestic Law. It defines the rights, duties, and obligations of citizens and government such as: ◦The right to own and protect property ◦Enter into a legal contract and to seek a remedies if that contract is broken.
Categories of Law: Procedural Law Procedural Law Substantive Law Procedural Law sets out methods of enforcing the rights, duties, and responsibilities found in Substantive Law. Procedural Law ensures that a certain steps must be in place for a lawful arrest, and trial if needed. Procedural Law ensures that a certain steps must be in place for a lawful arrest, and trial if needed.
Categories of Law: Public Law The Law International Law Domestic Law Substantive Law Public Law Constitutional Law Administrative Law Criminal Law Procedural Law
Categories of Law: Public Law Public Law Public Law regulates the relationship between the government and its citizens. Canadian Charter of Rights and Freedoms Canadian Constitution All Public Laws are subject to the Canadian Charter of Rights and Freedoms which is part of the Canadian Constitution. Public Law can be broken into three sub- categories of: ◦Administrative Law ◦Constitutional Law ◦Criminal Law
Categories of Law: Administrative Law Administrative Law Administrative Law refers to the relationship between people and government departments, boards, and agencies. These public administrators make decisions everyday ranging from who gets welfare to issuing building permits.
Categories of Law: Criminal Law Criminal Law Criminal Law is to prohibit and punish behavior that causes harm to others, such as murder, robbery, or assault. Criminal Code of Canada All crimes are described in the Criminal Code of Canada. When a crime is carried out it is not only against the individual but society as a whole. When a case goes to trial the citation (title) for the case follows the format: ◦R. v. Bowness. – “R” stands for Regina or Rex, the latin words for Queen or King.
Categories of Law: Private Law Substantive Law Public LawPrivate LawTort Law Contract Law Family Law Wills & Estates Property Law Employment Law
Categories of Law: Private Law PrivateCivil Law Private or Civil Law covers areas of law in regards to legal relationships between individuals and individuals and organizations.
Categories of Law: Tort Law Tort Law Tort Law refers to the branch of civil law that deals with holding persons or organizations responsible for harm they cause another person as a result of deliberate or accidental action.
Categories of Law: Contract Law Contract Law Contract Law deals with everyday transactions in which people purchase or provide goods or services. If people are happy with the service or goods they were provided and they pay what is owed disputes do not arise. If one of the parties involved does not hold up their end of the agreement then the court can enforce the terms.
Categories of Law: Family Law Family Law Family Law covers matters as marriage, divorce, property division, and support of children. Family Law is intended to deal with aspects specifically dealing with family life.
Categories of Law: Wills & Estate Wills & Estate Wills & Estate laws are laws that deals with the division of property after death. Estate law Estate law helps to resolve disputes if someone challenges the terms of the will or if someone dies without a written will.
Categories of Law: Property Law Property Law Property Law regulates ownership rights in all property including the ownership and transfer of real estate. statute law Originally most laws in Canada in regards to real estate came from British Case Law but now is covered by statute law.
Categories of Law: Employment Law Employment Law Employment Law deals with relationships between employers and employees. Federal and provincial governments have enacted laws that regulate a workplace, and try to balance the rights of employer and employee. Laws protect children in the workplace, limit hours worked in a week, and minimum wage employers must pay. There is also protection from discrimination, harassment and safety rules and procedures are in place to keep workers safe.