Divisions of Canadian Law Substantive and Procedural Law
Structure of Canadian Law For your ‘chosen’ branch of our legal system consider the following questions (and record your answers in your notebook): Is it substantive (written, set in legislature) or procedural (how the court process is carried out)? How do you know? Is it public (all people) or private (b/w people)? How do you know? Describe your type of law in your own words (without copying from your handout).
Canadian Legal System Substantive Law (Statute/Case) PUBLIC LAW PRIVATE (CIVIL) LAW Procedural Law (Rules) CRIMINAL CONSTITUTIONAL ADMINISTRATIVE FAMILY CONTRACT TORT PROPERTY LABOUR Relationships b/w gov’t and people Private citizens/organizations (no crown) Relationships b/w gov’t and people Methods; how the court will hear cases, determine civ./crim. hearings
CRIMINAL: Crown.vs. Defendant, proving guilt beyond a reasonable doubt, rules that define criminal acts and offences against society (endangering welfare of the public). CONSTITUTIONAL: Laws set out structure of federal gov’t, gov’t divisions of power. ADMINISTRATIVE: Citizens + gov’t agencies, regulatory body, rule making enforcement. FAMILY: Issues between people living together. TORT: Breach of civil duty owed to someone else. CONTRACT: Legally binding agreements. PROPERTY : Ownership of property, relation to cash value. LABOUR: Employers and employee (i.e. working people)