1. The Development of Canadian Law
CLU 3MR
Lesson 7

2. The Development of Canadian Law
Learning Goal: Recognize the connections between Canadian law and our history
In the News:
Review activity
History of Law; note and discussion
Questions and case studies

3. Review Questions:
Explain the difference between substantive and procedural law.
Explain the difference between public and private law
Identify the type of law that regulates government boards and agencies.
What type of law protects your rights and freedoms in Canadian society?
What areas of law are considered part of private (civil) law?

4. Early History of Law
Early laws were based simply on common sense and custom
They were passed on by word of mouth
As societies grew, laws became more complex
People couldn’t remember them
They had to be written down

5. Hammurabi’s Code King of Babylonia, 3800 years ago
Earliest written law
Carved on a stone pillar and placed in the centre of town
One was unearthed in 1901
Code was organized into categories
Punishments were listed as well so judges didn’t have to make a decision
Retribution (pay back) was important “an eye for an eye”

6. Mosaic Law Found in the first 5 books of the Old Testament
Includes the 10 Commandments
Still important in the Jewish and Christian faiths
Punishments were severe

7. Task: Look at the timeline on pages 12-13.
Write down one point about how each of these laws influenced our legal system.

8. The Greeks Democracy came from them
The jury system derived from the Athenian assembly

9. The Romans Became the basis for law in Western Europe
The study of law became a profession—lawyers
Emperor Justinian ( CE) codified 1000 years of law and produced Justinian’s Code
Emphasized the idea that all people were equal under the law, laws had to be fair

10. Napoleonic Code
Written by Napolean Bonaparte, in 1804, also focused on justice for all
Also called the French Civil Code
Became a model for many European countries
Still the basis for Quebec’s civil law

11. British Influence Early Anglo-Saxon law was unwritten
Law was kept by the bishop, the earl, and the sheriff (Shire Reeve)
Trial by Ordeal
Attempt to appeal to God
Dangerous or painful test was administered
Ex. holding a hot iron or being bound and thrown in the river
Trial by combat was later used

12. Henry I ( )
Established a “common law” for all Englishmen
‘Common law’ is also referred to as ‘case law’
Based on the rule of precedent
Earlier decisions on similar cases
Appeals could be made to the monarch when people were unhappy with the judge’s (or lord’s) decision

13. King John ( )
Forced to sign the Magna Carta (Great Charter)
The king would respect the rights of clergy, barons, and freemen
No man shall be imprisoned without a fair trial with witnesses (habeas corpus)
Even the king is subject to the law

14. Case Citation Look at page 17 of the textbook for examples
‘R.’ always refers to the Queen (Regina) or King (Rex) and represents society
‘v.’ is ‘against’ (just like sports!)
The other name is the defendant’s
Year of the decision
Court the case was heard in

15. Case Citation examples:
R v Smith (2007) SCC
Anderson v Jones (2016) ONCA
R v Bergman (2014) CanLII
Canadian Legal Information Institute

16. Tasks:
1. With the person beside you, discuss the Review questions on Page 21.
(These questions are a great place to look for possible test and quiz questions! When reviewing at home, ALWAYS go over these.)
Complete the 2 case studies on page 18. These are to be handed in tomorrow.
Complete the hand out with key terms on one side and “Looking Back” on the other. (Hand in tomorrow)