1. Primary and Secondary Sources of Canadian Law

2. Your Turn What is a primary source? Influences of the following:
Religion and Morals
Greek
Roman
English- Magna Carta
French
Aboriginal
Customs and Conventions
Social and Political Philosophy

3. Secondary Sources
Not like history or social science when you are researching
Laws and reported cases that are written down, codified, cited by various forms of lawmakers
Enshrine a society’s values, beliefs and principles in written rules and regulations

4. The Constitution

5. The Charter

6. The Constitution
Body of laws that deal with the distribution of government powers and sets out certain legal principles
BNA Act 1867 “ a constitution similar to Britain…”
*remember the two important principles that are contradictory in effect
Constitution (Canada) act of 1982, The Charter of Rights and Freedoms 1982
The Constitutional reflects that interpretations by the SCC must be followed by the government (the SCC essentially clarifies)- so then who has the real power, the government or the courts?
Sections 91 and 92

8. Statute Law
Any law PASSED by the federal or provincial governments/parliaments
Passage of a Bill*- Royal Assent
All laws must be legislated in accordance to the Constitution- different levels of government cannot legislate beyond their responsibilities

9. Statute Law Ultra Vires- beyond the power of
Intra Vires- within the power of
Aboriginal View?

10. Statutory Interpretation
Judges interpret laws through cases that relate to laws
Judges are required to use certain guide or aids- “Mischief rule”- focus on the problem the statute was intended to correct
Internal aids- definitions of legal terms within the statute
External aids- legal dictionaries and legal scholarship

11. Case Law
Judges render written decisions or explanations of their rulings- Case Law or sometimes Judge Made Law
When courts rule on a case they set a precedent (more on this later)- a legal decision that must be followed in similar cases thereafter
Stare Decisis