1. Unit 1 Classifying the Law. PP#2 Mr. Andrez
CLU3M - Law
Unit 1 Classifying the Law. PP#2
Mr. Andrez

2. Sources of Law
All the laws in Canada fall into one of three categories:
Constitutional
Statute law
Common law
Constitutional law
_____________
Statute law
_____________________
Common law

3. Sources of Law con’t
Constitutional Law – the Constitution outlines the structure and powers of the government both federal and Provincial
It is supreme law in Canada because it overrides all laws
The courts will interpret laws to ensure they are consistent with the constitution
Statute Law – laws or acts passed by the government
i.e. – Criminal Code of Canada, The Highway Traffic Act
Common Law - relates to decisions made by judges in previous cases

4. Sources of law Note the order of importance
Both Constitutional law and
Common law are highly
influenced by Judge’s
Decisions
Statute law is
Government made law;
must be consistent
with the Charter
Constitutional law
_____________
Statute law
_____________________
Common law
Constitutional law
_____________
Statute law
_____________________
Common law

5. Divisions of Law Substantive Law Procedural Law
All 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

6. Divisions of Law CANADIAN LAW Substantive Law (Statute and Case Law)
Procedural Law
Public Law
Private (Civil) Law
Family
Law
Tort
Law
Labour
Law
Criminal
Law
Constitutional
Law
Administrative
Law
Contract
Law
Property
Law

7. Public - Substantive Law
Controls the relationships between governments and the people who live in society
Criminal Law
Passed by Parliament
Defines acts called “crimes”
Sets penalties
Criminal code
Objective: To punish the offender and protect society and its members
Lawyers represent both society and the accused. Crown attorney representing society, must prove beyond a reasonable doubt, the charges against the accused person (defendant)

8. Public - Substantive Law continued
Constitutional Law (Constitution Act. 1982)
Laws that set out the structure of the federal, provincial, and territorial governments and the division of power among them
Administrative Law
Areas of law that controls the relationship between citizens and government agencies
Example: Liquor Control Boards: manages the sale and consumption of alcohol and grant licences to serve them.

9. Private (Civil) - Substantive Law
Outlines the legal relationship between private citizens, and between citizens and organizations
Objective: to manage the behaviours of persons and organizations in conflict with each other and to pay damages to those who have been wronged
Both parties usually represented by lawyers. Plaintiff – the person who starts the legal action
Family Law
Deals with spouses, parents and children
Contract Law
Outlines the requirements for legally binding agreements
Breach of contract means the legal agreement has been broken and the injured party can sue for damages

10. Private (Civil) - Substantive Law - continued
Tort Law
Deals with wrongs, other than breach of contract, that one person commits against another person
Malpractice and or negligence (carelessness)
Property Law
Anything that has a cash value
Set of legal rules that control the use, enjoyment, and rental of property
Labour Law
Governs the relationship between employers and employees
Minimum wage, pay equity, proper dismissal, working conditions, and workers’ compensation

11. Recap
Distinguish between substantive and procedural law. Come up with examples to illustrate the distinction
Distinguish between the parties in a criminal trial and the parties in a civil trial. To what extent are they similar or different?
You have been hired to present a summary of the divisions within Canadian law. Briefly describe the categories of public and private law and provide an example to illustrate each type