Sources of Law

Primary Sources Secondary Sources What do you think these terms mean? What do these terms mean when studying history?

Primary Sources Ideas and values that have influenced Canadian law over the years. They include customs and conventions, religious doctrines, and social and philosophical views.

Secondary Sources Laws and cases that have been codified in response to cultural, religious, and philosophical values. They include the Constitution, legal statutes, judicial writings and decisions.

Customs Long established way of doing something over time, has acquired the force of law. Are passed on by instinct or orally from generation to generation. May have been put into written laws. Example: Some provinces have adverse possession laws, which stem from the old English custom of “Squatters’ rights”  If a person who has not legal title to land remains on that land without permission for a certain period of time (legal owner has knowledge of the occupant), the occupant may be entitled to acquire title or ownership of the land.

Conventions A way of doing something that has been accepted for so long that it amounts to an unwritten rule. Examples:  Geneva Convention  Patriation of the Consitution  Majority seats in federal Parliament runs the government

Religion The Charter begins with religious tone  “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law…” Mosaic Law (Ten Commandments) is one of the bases of the legal system. Lord’s Day Act (prior to 1982) – Lord’s Prayer in school, it was illegal to shop on Sunday in Ontario and against the law for children to play in the park on Sunday. The influence of religion on the Canadian legal system is changing.

The Law of God – p The preamble of the Constitution referring to the “supremacy of God.” 2.No corresponding equivalent. 3.Swearing to tell the truth on the Bible in court. 4.Laws preventing shopping on Sunday, which are still valid in certain Canadian municipalities. 5.Parents’ rights to exercise reasonable discipline over their children. 6.Criminal Code provisions against murder. 7.Adultery still being considered grounds for divorce. 8.Criminal law provisions against theft. 9.Libel or slander laws. 10.No corresponding equivalent.

Social and Political Law cannot be separated form the social, political, economic, and cultural characteristics of a country What do Canadian laws suggest Canadians value?  Rights and freedoms (Charter)  People and property (Criminal Code ) As beliefs change, laws do as well.  Rape law was changed in 1983, before this a husband could not be charged with raping his wife Criminal Code 143. A male person commits rape when he has sexual intercourse with a female person who is not his wife a. without her consent

R. v. Lavallee – Self Defence Read the case study on pp. 48 – 49 Discuss in small groups and answer questions 1 and 2 at the beginning of the case on p. 48.