2 Sources of Canadian Law Primary Sources:Religion and MoralityHistorical InfluencesCustoms and ConventionsSocial and Political PhilosophySecondary Sources of Canadian LawThe ConstitutionStatute LawCase Law
3 Primary Sources of Canadian Law 1. Religion and MoralityJudeo-Christian influence (God)Morality: Right vs. Wrong behaviour(As determined by society)
4 Primary Sources of Canadian Law 2. Historical InfluencesGreeks (participation, jury)Romans (written codes, lawyers)Aboriginal (consensus, constitution)British (case law, rule of law)French (civil code)XORbtR4
5 Primary Sources of Canadian Law 3. Customs and conventionsLaws are supported by established ways that society has of doing things.These practices often find their way into the laws.
6 Primary Sources of Canadian Law 4. Social and Political PhilosophyThese change over time and new laws must address these changes.Tied to changing societal values
7 Secondary Sources of Canadian Law 1. The ConstitutionThe supreme law of the landbody of law which deals with the distribution and exercise of gov’t powers.Overrides statute and case lawMake sure all law consistent with the Constitution.If a law violates the constitution it may be thrown out by the courts. (Ex. Abortion law)Constitution is referred to as the Constitution Act of 1982(formally BNA Act)
8 Secondary Sources of Canadian Law 2. Statute LawMade by Federal and Provincial legislaturesGives lawmaking power to democratically elected repsrefers to a law or act passed by government. Statutes override common law….if there is no statute then the common law applies.
9 Secondary Sources of Canadian Law 3. Case Law or Common LawEvolves through decisions by judgesThe highest court to make a decision will set a “precedent” that all similar cases must follow.Case Law can be changed by new Statute Law, but both must defer to Constitutional Law.
10 Categories of Law Substantive and Procedural Law Domestic and International LawPublic and Private Law
12 Categories of Law Domestic Law Applies within the boundaries of a nationCan be enforced by the government and interpreted by domestic court authorityIn Canada, this process is carried out within the democratic process
13 Categories of Law International Law Consists of agreements between nations, often through an international body such as the UNDifficult for all countries to agree on these lawsEven more difficult for these laws to be enforced, due to political factors
18 Categories of Law Public Law Refers to those laws which apply to dealings between individuals and the stateIncludes branches of constitutional law, administrative law, and criminal law
19 Categories of Law Private Law Refers to those laws that apply to dealings between private individuals or organizationsAlso referred to as “civil law”Includes tort, property, contract, estate, corporate, consumer and family law
20 Figure 2.8 Categories of Law, p. 45 Private law is divided into tort law, contract law, family law, wills and estates law, property law, and employment law.