Understanding Canadian Law - Unit Test #1

Front 1

Rules

Back 1

- Apply to specific groups

- Are internally imposed

- Are internally enforced

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Laws

Back 2

- Apply to the whole society

- Are made by government (laws are made by government on behalf of all citizens and can only be changed by the government)

- Enforcement applies to everyone (more severe)

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Purposes of Law

Back 3

1. Establish Rules of Conduct

2. Provide a system of enforcement

3. Protect Rights and Freedoms

4. Protect Society

5. Resolve Disputes

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Code of Hammurabi

Back 4

- As civilization like Egypt and Babylon developed, leaders created and enforced laws they claimed were divinely inspired

- In Babylon Hammurabi (1792-1750) recognized that as a society became more complex, the nature of law also became complex

- Earliest Known Example of Codified law"Eye for an eye, tooth for a tooth"

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Mosaic Law

Back 5

- The story of moses (13th century BCE) is recorded in the book of exodus of the bible

- As Iseralites walked away from slavery from Egypt to the promised land, Moses was called by God to receive the core of mosaic law.

- Moses would settle legal disputes by interpreting the laws

- The administration of the ten commandments was complex and required further detail (found in book of exodus)

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Greek Law

Back 6

- The most influential component of ancient Athenian law was the process for choosing leaders

- This is concept is called "Democracy"Greek: "Demos"- All citizens were given one vote and equal before the law

-(Women, slaves, foreigners) = not people but majority

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Roman Law

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- The Roman empire was a huge, complex, society that controlled much of Europe, north Africa, the middle east and western asia- Because of this complexity, some people were required to study law full time (jurists)

- In the 6th century Justinian (482-465) ordered all the laws written down (codified)

- The Justinian Code played a huge role in developing the Napoleonic code and the Quebec civil code

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Development of Common Law

Back 8

- The anglo-saxon domination of Britain ended when conqueror of Normandy (1028-1087) seized control of the island

- He set up a system of feudalism in order to replace anglo saxon nobillity with barons loyal to him

- Feudalism was a system of landholding in which large landholders, protected small landholders in exchange for payment

- Serfs worked the land and, while in theory they were the king's stewards, they were actually little more than slaves

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Anglo-Saxon Law

Back 9

- When the Roman Empire fell, the anglo-saxons migrated into modern day Britain

- The Anglo-saxons divided the islands into small states. They ruled the land through unwritten customs but because the laws were unwritten, they were often twisted to suit people in a position of power

- 3 methods to advocate disputes

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Trial by Ordeal

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- Direct appeal to God and his divine intervention

- An accused would be exposed to physical harm.

- If innocent, God would presumably intervene and save the accused from harm Ex. Trial by Hot iron, Trial by cold water

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Trial by Combat

Back 11

- Disputes among royalty were often solved through duels

- If a person was presumed innocent of charges against them. It was presumed god would intervene and save him/her

- Wealthy could hire someone to fight on thier behalf making it flawed

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Trial by Jury

Back 12

- King Henry II (1154-1189) created two types of bodies dealt with land disputes

- They were comprised of twelve local men who would give the judge truthful information under oath which he could render a verdict(Eventually those men could also render a verdict)

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King John and the Magna Carta

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-1215 King John (1167-1216) was defeated at the battle of Runnymede by a coalition of barons and clergy

- After losing he was then forced to sign the great charter (Magna-carta)

- Intended to protect the rights of the barons and clergy; it became the basis of civil liberties in the English Legal tradition

- Established a principle "Rule of law"Rule of Law "No one (not even the ruler) is above the law and that law should apply equally to all"

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Types of Law

Back 14

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Substantive Law

Back 15

The laws that outline your rights and obligations in society

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Procedural Law

Back 16

The legal processes involved in protecting our rights

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Public Law

Back 17

Controls the relationship between the government and the people. It represents laws that apply to all individuals

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Criminal Law

Back 18

- Outlines offences against society accompanying punishments

- Includes: Criminal code, youth criminal justice act

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Administrative Law

Back 19

Outlines the relationship between citizens and government bodies

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Constitutional Law

Back 20

Outlines the structure and powers of the federal and provincial governments

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Private Law

Back 21

- Rights of responsibllity or individuals and private organizations

- Lawsuits involving the persons who starts it (plantiff) and the person being sued (defendant)

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Tort Law

Back 22

- Comes from the latin term tortum, which means to wrong somebody- A tort is a civil/private wrong committed against another person

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Family Law

Back 23

- Deals within/about family matters (Divorce, seperation)(Jurisdiction over family law is divided between federal and provincial government)

Federal - Marriage and divorce Provincial - Solemnization or marriage

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Contract Law

Back 24

- Deals with Legally binding agreements

- Must have a legal relationship

- One party can be sued if they do not live up to the contractual obligations (breach of contract)

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Property Law

Back 25

- Use, enjoyment, sale and lease of property- Real estate + tresspassing

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Labour Law

Back 26

- Governs relationship between employers and employees- Covers the topics such as minimum wage, right to strike

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Common Law (Case Law)

Back 27

Law based on precedent, past legal decisions presented in similar cases

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How a bill becomes law

Back 28

First Reading: Bill Introduced

Second Reading: Bill is debated in the house of commons

Committee Stage: Bill is studied, revised or changed

Third Reading: Further debate on Amended Bill/Vote in the house of commons- Senate: (Similar process; 3 readings vote)- Royal Ascent (Government Signs bill into law )

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Precedent

Back 29

- A legal decision that serves as an example and authority in subsequent similar cases; basis for the rule of precedent

- legal principle where similar facts result in similar decisions

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Statue

Back 30

a law or act passed by a government body such as parliament or a provincial legislatureStatue Law: Law passed by legislative body

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American Revolution 1775

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- U.S Broke away from British rule and issued the declaration of independence

- 1971, the U.S Bill of Rights was added to the U.S Constitution (Still basis of civil rights today)

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French Revolution 1789

Back 32

- Influenced by the ideas and equality in the american revolution

- A national assembly was set up with members who were elected by citizens

- Concept of "Nation-states" came out of this revolution

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Universal Declaration of Human Rights (UDHR)

Back 33

- During WWII numerous atrocities were comitted

- In 1945 after the war ended the United Nations (UN) was formed

- UN Commission on human rights produced a list and freedoms for all people in the universal declaration of human rights

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Canadian Bill of Rights

Back 34

- In 1960, Prime Minister John Diefenbaker's government passed the Canadian Bill of Human Rights

- Similar to UDHR, the bill of rights codified many civil rights that been established over many years common law in Canada

( For the first time, Canadians had a list of rights and freedoms for reference)

Front 35

Excerpts

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- Freedom of Religion, speech, peaceful assembly and association with the press

- Right to be innocent until proven guilty

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Constitution Act 1867

Back 36

- "British North America Act" When Canada became an independent country

- British still controlled our foreign affairs until 1931 (SOWM) + needed to ask permission to change consitution

-Explains the specific powers that our levels of government have as well as what they are responsible for

- Our levels of government are federal, provincial and municipal

- The federal government's powers are outlined in section 91

- The provincial government's powers are outlined in section 92

- Section 93 gives provinces control over education

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Federal Government Powers (Section 91)

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- Criminal Law

- Banking/Currency

- Unemployment insurance

- Federal penitentiaries

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Provincial Government Powers (92)

Back 38

- Hospitals

- Provincial Jails

- Properties and Civil Rights

Front 39

Which Section of the Charter of rights and freedoms, grants everyone the right to life, liberty and security of a person?

Back 39

Section 7

Front 40

Which section grants all detained persons the right to a writ of habeas corpus (You can't be held in prison for no reason)

Back 40

Section 10

Front 41

What effect did the charter of rights and freedoms have on separate schools?

Back 41

Religion and Language

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The Canadian Charter of Rights and Freedoms

Back 42

- Was entrenched (safeguarded) in the Canadian Constitution on April, 17 1982

- This means our rights and freedoms are protected in the constitution

- The charter applies to every level of government and overcomes the limitations of the previous bill of rights

-Most rights are not absolute; can be limited but this must be justified

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What section is the 'notwithstanding clause?"

Back 43

Section 33

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What does this mean?

Back 44

This clause allows governments to enact or maintain laws notwithstanding (or in spite of) the fact that they may violate rights and freedoms in the charter- If a government is using this clause, the law they are enacting must be reviewed every 5 years

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What section is the 'reasonable limits clause"

Back 45

Section 1

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What purpose does this clause serve?

Back 46

- Rights and freedoms may be limited if the limitation can be justified in a free and democratic society(Courts usually decide what 'responsible' means on a case by case basis)*Freedom of speech but promoting hate

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Amending Formula

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- In order to change constitutional law: the federal government and at least two-thirds of the provinces with 50% of the population must agree(Statue law is not ordinary law)

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Federal Branches

Back 48

(There are 3 federal branches of government that pass laws, interpret them and ensure they are carried out

Executive:

- Govenor General

- PM

- Cabinet

- Civil Service

Legislative: - House of commons

- Senate

Judiciary: - Judges

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How Provincial Laws are passed

Back 49

- Similar to federal lawsDifferences: No senate, Queen's representative at provincial level is Lieutenant Governor who signs bill into law

Front 50

How Municipal Laws are passed (Bylaws)

Back 50

- Known as Bylaws- Elected councils (Mayor, city Councillors) debate and vote on bylaws. If the vote passes the bylaw is enacted

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Fundamental Freedoms

Back 51

Section 2 of the Charter explains the basic freedoms provided to all Canadians

- Freedom of Conscience and Religion

- Freedom of Thought, Belief, Opinion and Expression

- Freedom of peaceful Assembly

- Freedom of Association

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Freedom of Conscience and Religion

Back 52

- Everyone in Canada is free to practice and follow their religion or faith

- No one can be forced to act in a way that violates their religious beliefs

Front 53

Ex. Rv. Big M Drug Mart (1985)

Back 53

- Defendant was charged with violating a federal statue, the lord's day act that required all business to observe sunday as a religious holiday

- The defendant claimed this legal requirement violated section 2a right to freedom of religion

- Supreme court of Canada agreed and Lord's Day Act was declared of no effect and Big M Drug mart was acquitted of it's charges

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Freedom of Expression

Back 54

- Includes all forms of communication and expression

- May be limited if it is hate speech or discriminatory

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Ex. James Keegstra (1990)

Back 55

- Teacher and Alberta and fired because he taught students the holocaust never happened

- Claimed Holocaust was a lie and jewssss did it

- Charged under section 319 (2) or the criminal code for hate speech

- He said it violated his freedom of expression and the supreme court ruled that it was under reasonable limits clause

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Democratic Rights

Back 56

Sections 3, 4 and 5 of the charter

- Right of citizens to vote

- Election must be held every 5 years

- Everyone may run for office

Front 57

Ex. Richard Suave vs Canada (1993-2002)

Back 57

- Richard Suave was a former member of Satan's Choir motorcycle gang and was serving a life sentence as he was convicted of first degree murder

- Argued against Section 51 of the elections act that prevented prisoners from voting

- The Supreme Court agreed with them so they can vote lol