+ Influences on Canadian Law

+ British Law Has had the most impact on Canadian law Trial by Ordeal – when a Lord could not determine guilt or innocence in a case when the sentence would be death, they would torture a person and God would be the judge. Trial by Oath Helping – A friend of the accused would swear on the bible that he or she was innocent. Trial by Combat – Two parties involved in a dispute would duel and it was believed that God would be on the side of the innocent and they would win. Could hire someone stronger to fight for you in ‘the court’ which is like today’s adversarial system (hiring lawyers).

+ The Feudal System In 1066, William the Conqueror (France) won control of England and established power as king. Divine Right – The idea that monarchs and their successors derive their power to rule from God and were only accountable to God. Nobles given parcels of land. People were unhappy with this kind of legal system to solve discrepancies. Complaints were made and Henry II, William’s Grandson, reduced the power of the monarchs. His changes lead to the present-day legal system.

+ Common Law Henry wanted consistency so created assizes – travelling courtrooms. The judges who were authorized were called circuit judges. There was no codified law and the judges had to use their (and the communities) common sense of right or wrong. Began to notice similarities and decided that common cases should be decided the same way and began recording their decisions. These recordings became known as case law or common law. In cases that were different, the decision made set precedent for future cases. This is known as stare decisis. This developed into the rule of precedent – applying previous decisions to a case with similar circumstances.

+ Legal Reforms Henry’s changes eventually lead people questioning the divine rights of the King. His successor, John, signed the Magna Carta acknowledging that he had limited power. This charter established individual basis rights and followed the Rule of Law. Also in this charter is the legal order of Habeas Corpus. This prevents unlawful arrests and ensures that anyone detained is charged in a court within a reasonable time. This idea is found in the Charter or Rights and Freedoms.

+ Aboriginal Law When the British arrived here they discovered Aboriginal Communities that had established governments, social structures, and legal systems. Around 1450, 5 Aboriginal communities came together to form the League of Nations or Iroquois Confederacy. In 1720, the Tuscarora joined and they became the Six Nations. Recorded The Great Binding Law outlining rights, duties and responsibilities of the people.