1. Sources and Types of Law in Canada

2. Sources of Law in Canada –

3. Constitutional Law Constitutional law overrides all other laws
If a law is found to be in violation of the Constitution it may be struck down by the courts on the grounds that it is “unconstitutional”
Charter of Rights and Freedoms is a major part of the Constitution

4. Common Law A body of law created from previous court decisions.
Guiding principle is ‘stare decisis’ (determine decision based on rule of precedent, meaning to stand by one’s decision).
Trials must be held publically.
Judges must give reasons for their actions.
‘Ratio decidendi’ (reason for deciding).

5. Statute Law  
passed by elected representatives in the legislature in the form of acts or bills
many laws are statutes – these are common law decisions that have been codified – example = Criminal Code of Canada
statutes override common law decisions
where no statute exists to deal with a particular situation, common law will prevail
when a judge interprets and applies a statute, that decision then sets a precedent – from that point on similar cases must be interpreted in the same way by all lower courts
each level of government federal, provincial, and municipal has the power to enact legislation in its own area of political jurisdiction

6. Federal Government Some areas of jurisdiction are: criminal law
federal penitentiaries
employment insurance
banking and currency
marriage and divorce
postal services

7. Provincial Government
Some areas of jurisdiction are:
hospitals
police forces
property rights
highways
provincial jails

8. Local Government municipal or local governments
make laws called bylaws - deal with local issues (such as how high the backyard fence show be, who should clear the snow from the sidewalk or how often garbage should be collected

9. Divisions of Law
Time to Take up the Chart!

10. Categories of Law The Law International Law Domestic Law
A law is a rule needed to govern an action; a rule that is established by government for the members of its society to follow and obey
International Law
a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.
Domestic Law
A body of rules that governs the behaviour and actions of individuals within a particular country

11. Divisions of Law Substantive Law Procedural Law
Creates and defines laws that list the rights and obligations (duties) of each person in society
Example: Property Law
Canadians have the right to own property: Therefore:
Expel trespassers
Sell property
Use and maintain the property
Pay property tax
Procedural Law
The steps involved in protecting the rights given under substantive law
A woodlot owner discovers people camping on her property
Steps she can take stop trespassers
Get compensation – sue for damages

12. Public Law vs. Private Law
Controls the relationship between the government and the people. It represents laws that apply to all individuals.
Private Law/Civil Law
Outlines the rights and responsibilities of private individuals and organizations.

13. Public Law

14. Constitutional Law (Public)
Body of law that comes from the Constitution- determines legal rights and responsibilities of both levels of government
Most powerful set of laws in Canada
Courts make sure that all laws are consistent with the Constitution
Example: Constitution Act, 1982-outlines our most basic laws.

15. Administrative Law (Public)
Controls the relationship between citizens and government agencies.
If you have an issue go in front of an administrative tribunal then ultimately court
Examples: Provincial Workers Compensation Board and Liquor Control Board

16. Criminal Law (Public)
Law that identifies crimes and prescribes punishment (Criminal Code)
Crime is carried out against not just an individual but society- Represented by R- meaning –Rex or Regina (King or Queen)
Goal is to punish offenders and protect society and its members
Example of punishment: Loss of liberty (jail) or government supervision (Probation)

17. Environmental Law (Public)
Deals with a complex system of law that works to protect the natural environment.
Some environmental law regulates the impacts of human activities.
Example: allowable levels of pollution in water

18. Tax and Aboriginal Law (Public)
TAX LAW-is a codified system concerning the levies on economic transactions (taxes)
ABORIGINAL LAW-deals with a comprehensive series of acts and regulations concerning natives in Canada.

19. Private Law

20. Contract Law (private)
Regulates the enforcement of contracts
Most important feature of a contract is that one party makes an offer for a bargain that another party accepts.
BREACH OF CONTRACT-if someone does not fulfill the terms of a contract (injured party can take legal action)
CONTRACT=A legally binding exchange of promises or agreement between parties that the law will enforce.

21. Employment/Labour Law (Private)
Governs the relationship between employers and employees
Defines your rights and obligations as workers, union members and employers in the workplace.
Examples: employment standards (min. wage, vacation time, pay equity, etc...)

22. Family Law (Private)
Deals with family-related issues and domestic relations (people living together)
Examples: divorce, spousal abuse, custody, adoption, child abuse, child abduction, etc...)
This area of law is constantly changing.

23. Property Law (Private)
Is a set of legal rules that controls the use, enjoyment and rental of real property (land) and personal property.
Includes everything from copyright or patents (for ideas) to jewellery, clothes and buildings.
Example: Tenant Protection Act-become familiar with it if you are living away from home for university/college.
Property = anything that has cash value

24. Tort Law (Private)
Defines wrongs by one person or a group against another (it is a civil wrong and can be a criminal wrong)
Gives remedies to those who have been injured by the intentional or negligent action of others.
Examples:
-car accident injury because of another’s negligent or criminal behaviour
-Defamation-tarnishing someone’s reputation

25. Wills and Estate Law (Private)
Deals with wills and estates
Deals with how an individual’s property is distributed after death.
This area of law deals with wills that clearly layout an individual’s wishes.

26. Which Category of Law is it?
Complete the worksheet!