1. Sources of Law in Canada

2. In Canada, laws come from 3 sources:
Constitutional Law (overrides all other laws
Statute Law (can override common law)
Common Law
In Canada, laws come from 3 sources:
1. Canadian Constitution = Constitutional law
2. Elected Gov’t Representatives = Statute law
3. Previous legal decisions = Common law

3. Common Law:
This means that the law is “common to all” – sometimes called English Common Law
Also sometimes called “Case Law”- its sources include decisions made by judges in previous cases called “precedents”
Common Law is constantly evolving as judges decide new cases on old decisions
Cdn. Courts follow the legal principle known as “stare decisis”…relying on similar decision made in other courts to determine similar cases

4. Lawyers rely on these precedents to argue their cases
But…Judges may reject old precedents and create new ones – this is called “distinguishing a case”

5. Statute Law
These are laws passed by elected representatives in the form of “Acts” – these Acts become laws when they pass through Parliament or a Legislature
Most of our laws are actually statutes – common law decisions that have been “codified”
Statutes override common law, but if no statute exists, then common law will prevail
So…when a Judge interprets and applies a statute, that decision sets a precedent…and from that point on, similar cases are interpreted in a similar way

6. Lawyers on both sides of a case look for precedents that will help their clients
Each level of govt. has the power to make laws within its area of political jurisdiction
e.g: Federal Govt. – criminal law, fed. Prisons, EI,
banking and currency, marriage, divorce, mail…
Provincial Govt. – hospitals, police forces,
schools, highways…
Municipal Govt. – firefighting, by-laws…
Aboriginal Self-Govt. – can make laws that apply
to reserves…

7. Constitutional Law:
The Canadian Constitution is a document that determines the structure of the federal govt. and decides law-making powers between the levels of govt.
This law limits the powers of the govt.
This law overrides all others in Canada
- When the Courts interpret laws, they must ensure they are consistent with the Constitution
- If the law violates the Constitution it will be “struck down” as “unconstitutional”