Because the king ultimately claimed all the land, he considered himself above the law. This was tolerated until 1215, when King John was forced by

Size: px
Start display at page:

Download "Because the king ultimately claimed all the land, he considered himself above the law. This was tolerated until 1215, when King John was forced by"

Transcription

1 Because the king ultimately claimed all the land, he considered himself above the law. This was tolerated until 1215, when King John was forced by the nobles to sign the Magna Carta.

2 This contract subjected the king to the rule of law, as well as provided for new judicial solutions. Which, for example, prevented people from being unlawfully detained without trial (known as Habeas Corpus )

3 The signing of the Magna Carta is considered to be one of the great turning points in English legal history. The King subjected himself to the rule of law (forced into it perhaps) Rule of law became supreme Trial by jury of peers established No taxes without approval of parliament Habeas corpus no imprisonment without trial

4 Even with the Magna Carta, the final power rested only with the king. Henry III asked nobles to advise him, but when that proved ineffective, a Parliament was formed. Over time, parliament moved power from the high nobles and under its own control. It gained the power to enact legislation and create Statutes, or laws enacted by legislatures.

5 This served two purposes: 1. Identified and clarified Common law 2. Gave a way to amend and change Common law.

6 In time, Statute law came to replace common law in areas of Criminal Law Business and Commercial Law

7 The statute took precedence over common law, and as a result, if the stature applied directly, the common law was overruled and disregarded. Some statutes have special constitutional status if they lay out the very groundwork by which a nation governs itself.

8 Canada passed the Constitutional Act in 1982 which contains the Charter of Rights and Freedoms. It changed the way law is made and applied in Canada.

9 The Constitutional Act in 1982 contained: 1. The Canadian Charter of Rights and Freedoms 2. The Amending Formula (the method of changing the constitution)

10 Some important developments as a result: Strong legal protection for the individual; Has made the Canadian legal system unique from Britain, and more like the USA.

11 The power of the Canadian Government was reduced and fenced off by the Charter. The power of the supreme court was vastly increased. Concrete new protections: very strict rules on the police use of wiretaps and surveillance; use of force in an arrest greatly limited; high speed chases restricted; personal searches only with just cause.

12 The term Civil Law is sometimes used to mean law that does not apply to criminal offences. Here, however, we use it to refer to codified law in the Roman Tradition. In Canada, only Quebec uses Civil Law. It was inherited from France, who got it from Napoleon, who based his on the Roman law.

13 The notion of Civil Law then, is based on a Written Code. It gathers in one place all the rules and principles that govern relationships among individuals in a particular area. Civil Law, in theory, speaks to every conceivable situation and legal issue.

14 How does the use of Civil Law differ from Common Law? 3144 paragraphs used by the lawyers in their prosecutions and defenses. Judges only have to interpret the law to see which fits. Lawyers occasionally use decided cases to persuade a judge on his/her reading on the law, but don t have to.

15 How is law applied at school? Is it based on a completed Civil Code as in Quebec? Is it based on Stare Decis, and past case decisions informing future ones? Is it essentially a Monarchy with a single authority making the rules, or is it more like a Parliament? What system do we have, and what system change should we have if any? And... What are the challenges?

16 What system of law do we have here? How does it work? Flowchart it. - Who makes the laws? - Who enforces? - Are they written / unwritten? - Is there an appeal process? - Can they be changed? How? - Does it mirror Canadian law? - What are its problems and weaknesses? - How can it be fixed or made better? Try not to fixate on one particular rule, but on the system in general. - What are some challenges with your solutions? Can they be overcome? The wrench

17 Administration does not want a more complex system The secretaries do not want more work or interruptions Class time must not be disrupted or shortened The board wants to keep oversight and overall control Each teacher wants some autonomy but also general uniformity Some believe in the protection mandate, while others follow preparation The Wrench...

18 For convenience, law has been traditionally divided into different categories. It is important to remember that these categories are for convenience and clarity. Rarely does a law fall neatly into only one category. Suppose a person hires a builder to renovate house. Later, the house collapses due to faulty construction. The builder can be sued for negligence, but can also be sued for breach of contract. If people are in the house and injured or killed when it collapses, there may be wrongful death charges as well.

19 International Law National Law Public Law Private Law

20 National vs International Law International Law are laws of the world; set up by the United Nations; primarily for relations between various nations. Usually does not concern internal government.

21 Compare and contrast the term "national law" with international law. National = the laws of a country or nation state as made by the government and courts of that country Applies only within the bounds of that country. International = made by representatives of many nations, and applies to all nations of the world (in theory).

22 Compare and contrast the term "national law" with international law. What are some examples of International Laws? Are they kept?

23 Public Law Regulates the relationships between governments and people, including corporations. This area of law is governed by the Canadian Charter. Designed to protect citizens from their governments, and give fair rulings to all.

24 Private Law Sometimes called civil law, it consists of all areas of law that deal with relationships between individuals. in all matters that are not criminal in nature. Designed to help citizens enforce their personal rights, and give just rulings between parties.

25 Constitutional Law The fundamental body of law of a nation, both written and unwritten is called its constitutional law These are the basic legal rules as to how the nation should be run Main parts for Canada: THE ROYAL PROCLAMATION 1763 THE CONSTITUTION ACT OF 1867 THE STATUTE OF WESTMINSTER, THE BILL OF RIGHTS THE CONSTITUTION ACT OF 1982 (THE CHARTER AND THE AMENDING FORMULA)

26 THE ROYAL PROCLAMATION 1763 King George of England froze the common law. Unless changed by a stature, the common law of 1763 was to be used in all of England and the colonies. George III also confirmed the Crown s exclusive ownership of land. This has never been repealed or revoked, although it has been challenged in Canada by Aboriginal communities

27 THE CONSTITUTION ACT OF 1867 (Formerly BNA Act) With this Act, Canada became a country instead of a British Colony. The Act established the framework for the political and legal operation of the new country. This Act is especially important since it divided Canadian legal powers between the federal and provincial governments.

28 THE STATUTE OF WESTMINSTER, 1931 This statute relieved former colonies, including Canada, from the obligation to apply British legislation. THE BILL OF RIGHTS 1960 This Canadian statute is quasi-constitutional in that other laws that violate the Bill are, in principle, invalid. The Bill has been interpreted very narrowly by the courts. Thus, it is rarely used to invalidate laws.

29 THE CONSTITUTION ACT OF 1982 (THE CHARTER AND THE AMENDING FORMULA) This Act repatriated (turned over to Canada) the Canadian Constitution by asking the British parliament to pass a law saying that the Constitution was Canada s to control. It changed our state s name from Dominion of Canada to Canada, and enacted, as a constitutional document, the Canadian Charter of Rights and Freedoms.

30 Canadian Charter of Rights and Freedoms Unlike the ill-fated Bill of Rights, the Charter became the supreme law of the land in Courts have zealously held that any law that violates the charter is of no force or effect. The Charter helps to safeguard individual rights.

31 Administrative law Law that regulates relations between people and government agencies; (Business licenses, permits, WCB regulations, etc.)

32 Criminal law List of all the prohibitions and behaviours that are harmful to individuals and the state.

33 Tax law Both federal and provincial governments have extensive powers of varied taxation; provinces have power of direct taxes sales tax.

34 Aboriginal law Area of law that deals with the special relationship between the Canadian Government and the first nations; unique rights of first nations peoples.

35 Environmental law Special body of law designed to prohibit pollution and protect the environment. Can apply to individuals and corporations alike.

36 Tort law Civil law that allows injured persons to sue for financial compensation for the injury to person or property (non-criminal).

37 Contract law The law of making and implementing enforceable promises. (usually regarding money and/or services rendered)

38 Property law Law that relates to the buying, selling, renting, or leasing of real estate (land and/or buildings for corporate or private)

39 Family Law Law that governs relations between spouses, parents, and children. Includes child care, support, marriage, common law, etc.

40 Commercial Law Law that regulates the structure and financing of businesses. Covers things like mergers and takeovers as well. (also called Corporate Law)

41 Employment law Labour law that regulates the conduct of employers and employees (both unionized and nonunionized workers), such as hours of work, pay, etc. Work Safety. Yeah, it s important

42 Over the past 50 years, Canada has seen massive changes in its form, values, and technologies. Law needs to keep up. What are some of the things (and their potential issues) that requires a change in Canadian law? Make a list of broad categories first, then we ll work within those to determine some of the specifics. Which laws, do you think, should be changed? Which should stay as they are?

43 When creating a new law, three stages are required: Consensus Formulation Implementation

44 CONSENSUS General agreement among people in support of something; e.g. a proposed law. As support grows, MPs begin to back it, and it can pass the voting process. Often changes to laws come through lobby groups and special interest groups.

45 They: Contact legislators and work with them in some way to influence the legislator to accept their viewpoints with respect to the wording of a particular law. Do advertising, petition, letter writing, public forum, and other means to get their message to the public and gain support for it.

46 Formulating a Law 1. Legislative drafters begin the process of setting out the legal language the exact wording and meaning of the law. 2. Draft version is circulated among political parties and interest groups. 3. After drafting, it goes through the parliamentary or legislative process. It may be amended and reworded several times. 4. Open debate and discussion is held publicly.

47 Formulating a Law The Final Draft 1. Goes through the whole legislative process in the House of Commons (First, Second, Committee, Third Readings) and the Senate. 2. Signed by Governor General and given Royal Assent. 3. Published officially as a law of the country.

48 IMPLEMENTATION 1. Copies must be sent to all police forces and prosecutors 2. Special classes must be held on enforcement and prosecution of the new law 3. Forms and law books have to be changed (eg. Canadian Criminal Code)

49 In legal cases, a term that appears often is the term Ultra Vires. In Latin, it literally means Beyond the Powers In Law, it refers to someone or something acting beyond the jurisdiction or powers granted to them by law or by the Constitution.

50 CASE STUDY Sue Rodriguez Currently, it is a criminal act to help someone commit suicide. Sue Rodriguez was suffering from an incurable terminal illness amyotrophic lateral sclerosis, better known as Lou Gehrig s disease. She wrote articles in the newspaper and made TV appearances arguing that the law against assisted suicide was wrong. She lobbied both the provincial government of BC, where she lived, and the Canadian federal government to change the law. She then began a case in the courts to have the law declared unconstitutional. Her efforts failed in her lifetime. After her death, the Senate set up a committee to hold hearings as to whether the law should be changed, and Parliament committed itself to consider legalizing suicide for terminally ill individuals.

51 CASE STUDY Sue Rodriguez What, precisely, did Sue Rodriguez want?. - She wanted it legal to commit suicide with assistance. - She wanted a doctor to help her commit suicide. - She wanted the law changed, so other people could do the same. - She wanted to ensure people assisting suicide could not be charged with a criminal offense. Do you think she was right? Make a list of arguments that would support her standpoint, and ones that wouldn t...

52 CASE STUDY Sue Rodriguez Arguments in favour of assisted suicide (a few possibilities) - It s her life; she should be allowed to decide what to do with it. - She s dying anyway; why wait and make her suffer longer? - It costs less. If she dies earlier, the medical system saves money - It s merciful. It will end any physical or mental suffering.

53 CASE STUDY Sue Rodriguez Arguments not in favour of assisted suicide (a few possibilities) - It s not her life to take. God gave her life; she should respect the idea she had no control over her birth. - To allow an assisted suicide will endanger the lives of all those who are handicapped and in need of assistance. - Assisted suicide devalues the dignity of human life - Human life is worth living; we cannot allow those who are physically and mentally ill to choose to die. They may not be capable of good judgment. - Doctors have not shown themselves to be worthy of trust in this matter; look at the abortion track record. - Pain control for almost all patients is now medically possible; they don t need to suffer.

54 The Euthanasia Debate Bill C-384 Video Clip on the right to die (10 min)

55 The title of a legal case is known as a citation. A sample citation is below, with each element explained. R. v. Morgentaler (1985) 22 C.C.C. (3d) 353 Rex or Regina (Latin King or Queen Versus (Latin, Against ) Name of the accused. Year the decision was given Volume Number Title of the report case is listed in Edition Page

56 First unit done.

Influences on Canadian Law

Influences on Canadian Law Influences on Canadian Law Early British Law Although we have seen influences from Hammurabi, Mosaic, Greek and Roman law, British law has had the greatest influence on Canadian law Early British law saw

More information

Roots of Canadian Law

Roots of Canadian Law Roots of Canadian Law Canada was originally a colony of Britain. Therefore, the legal system today models the one used in this country. The British legal system is quite different from other systems. Britain

More information

PROPERTY RIGHTS AND THE CONSTITUTION

PROPERTY RIGHTS AND THE CONSTITUTION BP-268E PROPERTY RIGHTS AND THE CONSTITUTION Prepared by: David Johansen Law and Government Division October 1991 TABLE OF CONTENTS INTRODUCTION FORMER PROPOSALS TO ENTRENCH PROPERTY RIGHTS IN THE CONSTITUTION

More information

Unit One Introduction to law

Unit One Introduction to law Unit One Introduction to law GCSE Law Year 10 Mrs Fyfe 2011-2012 1 adapted from GCSE Law by J Martin What is law? It is difficult to give a short simple answer to this question. There is no generally agreed

More information

Issues for Canadians Things to Know (PAT)

Issues for Canadians Things to Know (PAT) Issues for Canadians Things to Know (PAT) Governance and Rights Students will: Appreciate the impact of the Canadian Charter of Rights and Freedoms on rights and governance in Canada Appreciate the various

More information

DEMOCRACY. United States of America formed between during the War of Independence.

DEMOCRACY. United States of America formed between during the War of Independence. CANADIAN AND AMERICAN GOVERNANCE: A COMPARATIVE LOOK DEMOCRACY United States of America formed between 1776-83 during the War of Independence. Canada formed in 1867 following negotiations by the British

More information

Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties.

Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties. Civil Disputes Civil Law is known as Private Law. Regulates disputes between individuals; between parties; and between individuals and parties. The main purpose of Civil Law is to compensate victims. Civil

More information

Overview of Canadian Law and Courts. The Bijural System

Overview of Canadian Law and Courts. The Bijural System Overview of Canadian Law and Courts Eric E. Johnson Associate Professor of Law University of North Dakota ericejohnson.com Konomark Most rights sharable. The Bijural System Except for Quebec, where the

More information

Parliamentary Research Branch THE RODRIGUEZ CASE: A REVIEW OF THE SUPREME COURT OF CANADA DECISION ON ASSISTED SUICIDE

Parliamentary Research Branch THE RODRIGUEZ CASE: A REVIEW OF THE SUPREME COURT OF CANADA DECISION ON ASSISTED SUICIDE Background Paper BP-349E THE RODRIGUEZ CASE: A REVIEW OF THE SUPREME COURT OF CANADA DECISION ON ASSISTED SUICIDE Margaret Smith Law and Government Division October 1993 Library of Parliament Bibliothèque

More information

THE CONCEPT OF THE HUMAN PERSON IN ANGLO-AMERICAN LAW

THE CONCEPT OF THE HUMAN PERSON IN ANGLO-AMERICAN LAW Conceptualization of the Person in Social Sciences Pontifical Academy of Social Sciences, Acta 11, Vatican City 2006 www.pass.va/content/dam/scienzesociali/pdf/acta11/acta11-mcnally.pdf THE CONCEPT OF

More information

70102: FOUNDATIONS OF LAW 2. Basics: Australian Legal System

70102: FOUNDATIONS OF LAW 2. Basics: Australian Legal System 70102: FOUNDATIONS OF LAW 2. Basics: Australian Legal System Categories of Law 1. What are the differences between criminal and civil law? Criminal law establishes criminal offences and their penalties

More information

BUSINESS LAW THE ROLE OF LAW IN CANADIAN SOCIETY BUSINESS LAW. Appendix A. Sources of Law. The Court System

BUSINESS LAW THE ROLE OF LAW IN CANADIAN SOCIETY BUSINESS LAW. Appendix A. Sources of Law. The Court System Appendix A BUSINESS LAW THE ROLE OF LAW IN CANADIAN SOCIETY Law is the set of rules and standards that a society agrees upon to govern the behaviour of its citizens. Both the British and the French influenced

More information

Principles of Common Law 4 January 2017

Principles of Common Law 4 January 2017 Prof. Dr. iur. Kern Alexander Fall 06 Principles of Common Law 4 January 07 Duration: 0 minutes Please check both at receipt as well as at submission of the exam the number of question sheets. The examination

More information

Chapter 1: How Effectively Does Canada s Federal Political System Govern Canada for all Canadians?

Chapter 1: How Effectively Does Canada s Federal Political System Govern Canada for all Canadians? Chapter 1: How Effectively Does Canada s Federal Political System Govern Canada for all Canadians? In this section you will be looking for: 1) How governance* in Canada creates opportunities and challenges

More information

Canadian and American Governance: A Comparative Look

Canadian and American Governance: A Comparative Look Canadian and American Governance: A Comparative Look DEMOCRACY The United States of America was formed between 1776-1783 during the War of Independence. Canada was created July 1, 1867 following passage

More information

How to Understand Statutes and Regulations

How to Understand Statutes and Regulations INDEX Aboriginal rights, protection of, 252, 259, 265-269 Aboriginal treaties, 265-268 extrinsic materials and interpretation See Extrinsic materials, Aboriginal treaties and interpretive principles Aboriginal

More information

The Development of Democratic Ideas

The Development of Democratic Ideas The Development of Democratic Ideas Magna Carta-1215 1 st document to limit power of English rulers Kings and queens must obey the law too! Major step toward constitutional government Where? - England

More information

Index Aboriginal Peoples, see Native Peoples Absolute liability offences Access to justice Access to the courts Definition Open c

Index Aboriginal Peoples, see Native Peoples Absolute liability offences Access to justice Access to the courts Definition Open c Index Aboriginal Peoples, see Native Peoples Absolute liability offences 180-81 Access to justice Access to the courts 133-35 Definition 133-35 Open courts principle Definition 137-38 Costs of 139 Practical

More information

Today we re going to look at the roots of US government. You ll see that they run pretty

Today we re going to look at the roots of US government. You ll see that they run pretty Historical Roots of US Government Activity # GV121 Activity Introduction Hey there, I m (name) Today we re going to look at the roots of US government. You ll see that they run pretty deep. So in order

More information

Introduction 2. Common Law 2. Common Law versus Legislation 5. How to Find and Understand Law 6. Legal Resources 8.

Introduction 2. Common Law 2. Common Law versus Legislation 5. How to Find and Understand Law 6. Legal Resources 8. Changing Your Name CHAPTER CONTENTS Introduction 2 Common Law 2 Common Law versus Legislation 5 How to Find and Understand Law 6 Legal Resources 8 Legal Notices 10 2016 Caxton Legal Centre Inc. queenslandlawhandbook.org.au

More information

The PLEA. Vol. 34 No. 2 PM

The PLEA. Vol. 34 No. 2 PM Canada s Legal System : An Introduction The PLEA Vol. 34 No. 2 Canada is very fortunate to be a country with a fair legal system. This is because Canada adheres to the Rule of Law. The Rule of Law is the

More information

Available NOW at your campus bookstore!

Available NOW at your campus bookstore! This is the prescribed textbook for your course. Available NOW at your campus bookstore! Introduction to the legal system Chapter 1 The law The law is a set of legal rules that governs the way members

More information

IN BRIEF COMMON LAW AND CIVIL LAW

IN BRIEF COMMON LAW AND CIVIL LAW Learning Objectives To introduce key differences between common and civil legal traditions. To develop students understanding of strengths and weaknesses of each system. To develop students knowledge of

More information

Unit #1: Foundations of Government. Chapters 1 and 2

Unit #1: Foundations of Government. Chapters 1 and 2 Unit #1: Foundations of Government Chapters 1 and 2 Principles of Government Chapter 1 Chapter 1, Sec 1 What is Government? Government is the institution through which a society makes and enforces its

More information

Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law.

Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law. Canadian Systems of Law Contract and Tort Law for Professionals There are two systems of law that operate in Canada: Common Law and Civil Law. Common Law operates in all Canadian Provinces and territories

More information

The Charter of Rights and Freedoms

The Charter of Rights and Freedoms The Charter of Rights and Freedoms Introduction - Sources of Rights and Freedoms In this section you'll learn about the importance of the Canadian Charter of Rights and Freedoms and human rights legislation

More information

CHAPTER/LECTURE 1: Introducing the Law Law and Life Law and Personal Life

CHAPTER/LECTURE 1: Introducing the Law Law and Life Law and Personal Life CHAPTER/LECTURE 1: Introducing the Law Law and Life Law and Personal Life - Contract: legal agreement between 2 or more parties - Have a contract with sale of goods from local supermarket, and contract

More information

Chapter 2. The Canadian Charter of Rights and Freedoms

Chapter 2. The Canadian Charter of Rights and Freedoms Chapter 2 The Canadian Charter of Rights and Freedoms Background The Canadian Charter of Rights and Freedoms was entrenched (safeguarded) in the Canadian Constitution on April 17, 1982. This means that

More information

4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?

4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14 2. What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set

More information

Investigative Negligence. Hill v. Hamilton-Wentworth Regional Police Services Board (2007)

Investigative Negligence. Hill v. Hamilton-Wentworth Regional Police Services Board (2007) Investigative Negligence Hill v. Hamilton-Wentworth Regional Police Services Board (2007) By Gino Arcaro M.Ed., B.Sc. Niagara College Coordinator Police Foundations Program I. Commentary Part 1 Every police

More information

Canadian Criminal Law and Impaired Driving

Canadian Criminal Law and Impaired Driving Canadian Criminal Law and Impaired Driving H. Pruden Department of Justice (Canada) Ottawa, Ontario Abstract This article outlines the current criminal legislation directed against alcohol and drug driving

More information

Department of Environment, Labour and Justice

Department of Environment, Labour and Justice Cover Department of Environment, Labour and Justice Table of Contents 1.0 Introduction & Intake...1 2.0 Information, Emotional Support and Referral............................. 1 3.0 Assistance Under the

More information

Social Review Questions Chapter 1. Shaping Society Together

Social Review Questions Chapter 1. Shaping Society Together Social Review Questions Chapter 1 Shaping Society Together Chapter 1 Shaping Society Together Key Vocabulary Majority rule Values Compromise Diversity Justice Equity Freedom Representation Federal government

More information

Grade 9: Social Studies Review PAT Prep

Grade 9: Social Studies Review PAT Prep Grade 9: Social Studies Review PAT Prep 9.1 Issues for Canadians: Governance and Rights General Outcome Students will demonstrate an understanding and appreciation of how Canada s political processes impact

More information

The Charter of Rights and Freedoms Part of our written constitution

The Charter of Rights and Freedoms Part of our written constitution The Charter of Rights and Freedoms Part of our written constitution The text for this document was taken from the Youth Guide to the Canadian Charter of Rights and Freedoms - English Edition published

More information

ANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7

ANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7 Table of Contents ANALYSING A CASE 4 DEFINITIONS 5 THE FEDERAL HIERARCHY OF AUSTRALIA 6 INTRODUCTION TO LEGISLATION 7 PRINCIPLES IN RELATION TO STATUTES AND SUBORDINATE LAWS 7 MAKING STATUTES: THE PROCESS

More information

GRADE 9 Social Studies Canada: Opportunities and Challenges

GRADE 9 Social Studies Canada: Opportunities and Challenges GRADE 9 Social Studies Canada: Opportunities and Challenges 9.1 Issues for Canadians: Governance and Rights General Outcome Students will demonstrate an understanding and appreciation of how Canada s political

More information

Module 1: Fundamentals of Law

Module 1: Fundamentals of Law Module 1: Fundamentals of Law Section 1.1: The Nature of Law Lesson 1.1A: Law: Definition and Purposes Lesson 1.1B: The Relationship Between Laws and Morals Lesson 1.1C: Important Legal Terms Section 1.2:

More information

CHARTER OF RIGHTS AND FREEDOMS. Part of the Constitution in Rights and Responsibilities

CHARTER OF RIGHTS AND FREEDOMS. Part of the Constitution in Rights and Responsibilities CHARTER OF RIGHTS AND FREEDOMS Part of the Constitution in 1982 - Rights and Responsibilities http://www.cic.gc.ca/english/resources/publications/discover/section-04.asp Example of Rights under our Charter

More information

The Crown Foundations Act

The Crown Foundations Act 1 CROWN FOUNDATIONS c. C-50.12 The Crown Foundations Act Repealed by Chapter 15 of the Statutes of Saskatchewan, 2013 (effective July 31, 2013). Formerly Chapter C-50.12 of the Statutes of Saskatchewan,

More information

The Proceedings against the Crown Act

The Proceedings against the Crown Act 1 PROCEEDINGS AGAINST THE CROWN c. P-27 The Proceedings against the Crown Act being Chapter P-27 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of

More information

1.1 DEFINITION AND TYPES OF LAW

1.1 DEFINITION AND TYPES OF LAW 1 English legal system The following topics are covered in this chapter: Definition and types of law Court system Sources of law Legislation Rules of statutory interpretation Human Rights Act 1998 1.1

More information

Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Part 1 of the Constitution Act, 1982 Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms 1. The Canadian Charter of Rights

More information

Commercial Law Outline. 4 th Edition

Commercial Law Outline. 4 th Edition 1 Commercial Law Outline 4 th Edition 2 Commercial Law Notes (Weeks 1-12) TABLE OF CONTENTS I. Business and the Law... 4 A. The Nature of law... 4 II. The Australian Legal System... 5 A. Legal Systems...

More information

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82)

5. There shall be a sitting of Parliament and of each legislature at least once every twelve months. (82) CANADIAN CHARTER OF RIGHTS AND FREEDOMS Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law: Guarantee of Rights and Freedoms Rights and freedoms in Canada

More information

The Canadian Constitution

The Canadian Constitution The Canadian Constitution The Charter of Rights and Freedoms What is the Charter? A constitutional document that defines the rights and freedoms of Canadians and establishes the limits of such freedoms.

More information

TOPIC: HISTORICAL DOCUMENTS. Magna Carta (1215):

TOPIC: HISTORICAL DOCUMENTS. Magna Carta (1215): TOPIC: HISTORICAL DOCUMENTS Magna Carta (1215): What was it: One of most important documents in history; What does it mean: The Great Charter in Latin Who issued it: King John of England Why: Served as

More information

3: A New Plan of Government. Essential Question: How Do Governments Change?

3: A New Plan of Government. Essential Question: How Do Governments Change? 3: A New Plan of Government Essential Question: How Do Governments Change? The Constitution s Source Guiding Question: From where did the Framers of the Constitution borrow their ideas about government?

More information

MyTest for Smyth: The Law and Business Administrations, Thirteenth Edition Chapter 2: The Machinery of Justice

MyTest for Smyth: The Law and Business Administrations, Thirteenth Edition Chapter 2: The Machinery of Justice 1) In addition to the two basic categories of public and private law, law is divided further into two more categories, which are a. criminal and contract law. b. domestic and international law. c. criminal

More information

CHAPTER 2 ORIGINS OF AMERICAN GOVERNMENT SECTION 1: OUR POLITICAL BEGINNINGS

CHAPTER 2 ORIGINS OF AMERICAN GOVERNMENT SECTION 1: OUR POLITICAL BEGINNINGS CHAPTER 2 ORIGINS OF AMERICAN GOVERNMENT SECTION 1: OUR POLITICAL BEGINNINGS OUR POLITICAL BEGINNINGS Basic Concepts of Government Early settlers brought ideas of government or political systems with them.

More information

The Patriot Cause Review Presentation

The Patriot Cause Review Presentation The Patriot Cause Review Presentation WARNING! Do not use this presentation as the sole source for studying! It does visually review the objectives and provide some of the end-of-lesson assessments, but

More information

Chapter 2. Government

Chapter 2. Government Chapter 2 Government The way the United States government is organized, its powers, and its limitations, are based on ideas about government that were brought to these shores by the English colonist. Three

More information

Schedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982

Schedule B. Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982 Guarantee of Rights and Freedoms Fundamental Freedoms Democratic Rights Mobility Rights Legal Rights Equality Rights Official Languages of Canada Minority Language Educational Rights Enforcement General

More information

The Origins of political thought and the Constitution

The Origins of political thought and the Constitution The Origins of political thought and the Constitution Social Contract Theory The implied agreement between citizens and the gov t saying that citizens will obey the gov t and give up certain freedoms in

More information

Law 12 Substantive Assignments Reading Booklet

Law 12 Substantive Assignments Reading Booklet Law 12 Substantive Assignments Reading Booklet Reading # 1: Police and the Law Training and Qualifications Police officers have to go through both physical and academic training to become members of the

More information

IN BRIEF MAKING A NEW LAW. Ontario Justice Education Network

IN BRIEF MAKING A NEW LAW. Ontario Justice Education Network The power to make or pass laws lies solely in the hands of the government in power. The government may draft legislation that addresses public concerns, reflects its policies, or considers technological

More information

Canadian charter of rights and freedoms

Canadian charter of rights and freedoms Canadian charter of rights and freedoms Schedule B Constitution Act, 1982 (79) Enacted as Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11, which came into force on April 17, 1982 PART I Whereas Canada

More information

Social Studies 9 Review Package

Social Studies 9 Review Package Social Studies 9 Review Package Vocabulary Complete the following vocabulary in YOUR OWN words General Advocacy Analyze Biased Cause and Effect Challenges Consensus Criteria Debate Economic System Governance

More information

CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL]

CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL] PDF Version [Printer friendly ideal for printing entire document] CANADIAN CHARTER OF RIGHTS AND FREEDOMS [FEDERAL] Published by Important: Quickscribe offers a convenient and economical updating service

More information

Contents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2

Contents. Introduction xvi. Unit 1: Our Legal Heritage 9. How to Use This Book xvi. How to Get the Most from This Course 2 Contents Table of Cases ix Table of Statutes xiii Acknowledgements xv Introduction xvi How to Use This Book xvi How to Get the Most from This Course 2 Researching Legal Concepts 2 Making Notes 2 Studying

More information

GCE AS 2 Student Guidance Government & Politics. Course Companion Unit AS 2: The British Political System. For first teaching from September 2008

GCE AS 2 Student Guidance Government & Politics. Course Companion Unit AS 2: The British Political System. For first teaching from September 2008 GCE AS 2 Student Guidance Government & Politics Course Companion Unit AS 2: The British Political System For first teaching from September 2008 For first award of AS Level in Summer 2009 For first award

More information

OUR POLITICAL BEGINNINGS

OUR POLITICAL BEGINNINGS CHAPTER 2 Origins of American Government SECTION 1 OUR POLITICAL BEGINNINGS The colonists brought with them to North America knowledge of the English political system, including three key ideas about government.

More information

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 68. (Chapter 10 of the Statutes of Ontario, 2017)

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, Bill 68. (Chapter 10 of the Statutes of Ontario, 2017) 2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 68 (Chapter 10 of the Statutes of Ontario, 2017) An Act to amend various Acts in relation to municipalities The Hon. B. Mauro Minister

More information

Name Class Date. MATCHING In the space provided, write the letter of the term or person that matches each description. Some answers will not be used.

Name Class Date. MATCHING In the space provided, write the letter of the term or person that matches each description. Some answers will not be used. Origins of American Government Section 1 MATCHING In the space provided, write the letter of the term or person that matches each description. Some answers will not be used. 1. Idea that people should

More information

Patrimoine canadien. Canadian. Heritage. The. Canadian. Charter of Rights and Freedoms

Patrimoine canadien. Canadian. Heritage. The. Canadian. Charter of Rights and Freedoms Canadian Heritage Patrimoine canadien The Canadian Charter of Rights and Freedoms The Canadian Charter of Rights and Freedoms Whereas Canada is founded upon principles that recognize the supremacy of God

More information

TIF for Smyth: The Law and Business Administrations, Fourteenth Edition Chapter 2: The Machinery of Justice

TIF for Smyth: The Law and Business Administrations, Fourteenth Edition Chapter 2: The Machinery of Justice 1) In addition to the two basic categories of public and private law, law is divided further into two more categories, which are a. criminal and contract law. b. domestic and international law. c. criminal

More information

Explore how English traditions influenced the development of colonial governments.

Explore how English traditions influenced the development of colonial governments. Objectives Explore how English traditions influenced the development of colonial governments. Analyze the economic relationship between England and its colonies. Describe the influence of the Enlightenment

More information

The Innovation Saskatchewan Act

The Innovation Saskatchewan Act 1 INNOVATION SASKATCHEWAN c. I-9.02 The Innovation Saskatchewan Act being Chapter I-9.02 of The Statutes of Saskatchewan, 2009 (effective November 2, 2009), as amended by the Statutes of Saskatchewan,

More information

Who s who in a Criminal Trial

Who s who in a Criminal Trial Mock Criminal Trial Scenario Who s who in a Criminal Trial ACCUSED The accused is the person who is alleged to have committed the criminal offence, and who has been charged with committing it. Before being

More information

Submission to the Standing Committee on Justice and Human Rights on Bill C-75

Submission to the Standing Committee on Justice and Human Rights on Bill C-75 Submission to the Standing Committee on Justice and Human Rights on Bill C-75 September 1, 2018 Introduction The Evangelical Fellowship of Canada (EFC) is the national association of evangelical Christians

More information

Criminal Law. Protect people and property Maintain order Preserve standards of public decency

Criminal Law. Protect people and property Maintain order Preserve standards of public decency A Crime is any action or omission of an act that is prohibited and punishable by law. There are four conditions in which an action or omission becomes a crime: The act is considered a wrong for society.

More information

DRUNKENNESS AS A DEFENCE TO MURDER

DRUNKENNESS AS A DEFENCE TO MURDER Page 1 DRUNKENNESS AS A DEFENCE TO MURDER Criminal Law Conference 2005 Halifax, Nova Scotia Prepared by: Joel E. Pink, Q.C. Joel E. Pink, Q.C. & Associates 1583 Hollis Street, Ste 300 Halifax, NS B3J 2P8

More information

Language Rights in the Northern and Western Canadian regions

Language Rights in the Northern and Western Canadian regions Language Rights in the Northern and Western Canadian regions Note: This table is intended as an overview (not exhaustive) of language rights in the northern and western Canadian regions, and does not constitute

More information

Anderson Stockley Accredited Training Ltd

Anderson Stockley Accredited Training Ltd Anderson Stockley Accredited Training Ltd British Values Democracy. The rule of law. Individual liberty. Mutual respect for and tolerance of those with different faiths and beliefs and for those without

More information

Cases That Have Changed Society

Cases That Have Changed Society Cases That Have Changed Society Many cases are started by individuals or groups, to respond to a particular event or to change a situation. The outcomes of these cases will often lead to changes in certain

More information

WILLS, ESTATES AND SUCCESSION ACT

WILLS, ESTATES AND SUCCESSION ACT PDF Version [Printer-friendly - ideal for printing entire document] WILLS, ESTATES AND SUCCESSION ACT Published by Quickscribe Services Ltd. Updated To: [includes 2016 Bill 5, c. 4 (B.C. Reg. 191/2016)

More information

England and the 13 Colonies: Growing Apart

England and the 13 Colonies: Growing Apart England and the 13 Colonies: Growing Apart The 13 Colonies: The Basics 1607 to 1776 Image: Public Domain Successful and Loyal Colonies By 1735, the 13 colonies are prosperous and growing quickly Colonists

More information

Part of the requirement for a criminal offence. It is the guilty act.

Part of the requirement for a criminal offence. It is the guilty act. Level 1 Award/Certificate/Diploma in Legal Studies Glossary of Terms Term Action Actus reus Barrister Breach of duty of care Case law Chartered Legal Executive Civil law Claimant Common law compensation

More information

SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II:

SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II: SOC 3395: Criminal Justice & Corrections Lecture 4&5: Criminal Law & Criminal Justice in Canada II: In the next 2 classes we will consider: (i) Canadian constitutional mechanics; (ii) Types of law; (iii)

More information

C ANADA S. S YSTEM of J USTICE

C ANADA S. S YSTEM of J USTICE S E R V I N G C A N A D I A N S C ANADA S S YSTEM of J USTICE Published by authority of the Minister of Justice and Attorney General of Canada Government of Canada by Communications Branch Department of

More information

John Humphrey Centre for Peace and Human Rights Youth Guide to the Canadian Charter of Rights and Freedoms French and English

John Humphrey Centre for Peace and Human Rights Youth Guide to the Canadian Charter of Rights and Freedoms French and English Background Information PINK 3 John Humphrey Centre for Peace and Human Rights Youth Guide to the Canadian Charter of Rights and Freedoms French and English GRADES 1-6 John Humphrey Centre for Peace and

More information

DEATH GIVES BIRTH TO THE NEED FOR NEW LAW:

DEATH GIVES BIRTH TO THE NEED FOR NEW LAW: DEATH GIVES BIRTH TO THE NEED FOR NEW LAW: The case for law reform regarding medical end of life decisions. Introduction Many people who oppose the legalisation of euthanasia and/or physician assisted

More information

The Saskatchewan Heritage Foundation Act

The Saskatchewan Heritage Foundation Act 1 SASKATCHEWAN HERITAGE FOUNDATION c. S-22.1 The Saskatchewan Heritage Foundation Act Repealed by Chapter 21 of the Statutes of Saskatchewan 2010 (effective May 20, 2010) Formerly Chapter S-22.1 of the

More information

Salutary Neglect Review Presentation

Salutary Neglect Review Presentation Salutary Neglect Review Presentation WARNING! Do not use this presentation as the sole source for studying! It does visually review the objectives and provide some of the end-of-lesson assessments, but

More information

Constitutional Convention Unit Notes

Constitutional Convention Unit Notes Constitutional Convention Unit Notes Civics Textbook: Government and Society - Text p. 5 Cue four reasons why society needs a government Notes 1. Law and Order Government makes laws to protect citizens

More information

Levels of Police in Canada

Levels of Police in Canada Chapter 8 Levels of Police in Canada The Federal police force of Canada is the Royal Canadian Mounted Police which was formed in 1873 as the Northwest Mounted Police. The RCMP serves as provincial police

More information

NEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful:

NEGLIGENCE. All four of the following must be demonstrated for a legal claim of negligence to be successful: NEGLIGENCE WHAT IS NEGLIGENCE? Negligence is unintentional harm to others as a result of an unsatisfactory degree of care. It occurs when a person NEGLECTS to do something that a reasonably prudent person

More information

Unit 2 Assessment The Development of American Democracy

Unit 2 Assessment The Development of American Democracy Unit 2 Assessment 7 Unit 2 Assessment The Development of American Democracy 1. Which Enlightenment Era thinker stated that everyone is born equal and had certain natural rights of life, liberty, and property

More information

SS.8.A.3.2 Explain American colonial reaction to British policy from

SS.8.A.3.2 Explain American colonial reaction to British policy from SS.8.C.2.6 Examine the causes, course, and consequences of the French and Indian War. IB Unit 1: No More Kings! SS.8.A.3.1 Explain the consequences of the French and Indian War in British policies for

More information

England and Its Colonies. The Americans, Chapter 3.1, pages

England and Its Colonies. The Americans, Chapter 3.1, pages England and Its Colonies The Americans, Chapter 3.1, pages 66-71. England and its Colonies Prosper Although many colonists benefited from the trade relationship with the home country, the real purpose

More information

Study Guide for Civics Cycle II

Study Guide for Civics Cycle II Study Guide for Civics Cycle II 1.1 Locke and Montesquieu-Recognize how Enlightenment (use of reason to understand the world) ideas including Montesquieu s view of separation of powers and John Locke s

More information

Chapter 4. Understanding Laws

Chapter 4. Understanding Laws Chapter 4 Understanding Laws You may be familiar with some laws such as those that specify the age of marriage, the age at which a person can vote, and perhaps even the laws dealing with buying and selling

More information

LEGAL STUDIES. Unit 2 Written Examination Trial Examination SOLUTIONS

LEGAL STUDIES. Unit 2 Written Examination Trial Examination SOLUTIONS LEGAL STUDIES Unit 2 Written Examination 2015 Trial Examination SOLUTIONS SECTION A: (25 marks) Question 1 a. Precedent Also known as stare decisis which is to stand by what has been previously decided.

More information

The Government Organization Act

The Government Organization Act 1 The Government Organization Act Repealed by Chapter E-13.1* of the Statutes of Saskatchewan, 2014 (effective August 15, 2014). Formerly Chapter of the Statutes of Saskatchewan 1986-87-88 (effective January

More information

Unit I Test Review - Glue onto pages 19 & 20 - Due on TEST DAY!

Unit I Test Review - Glue onto pages 19 & 20 - Due on TEST DAY! Unit I Test Review - Glue onto pages 19 & 20 - Due on TEST DAY! List the five fundamental principles of American government and give an example for each principle 1. Consent of the Governed The people

More information

(correct answer) [C] the people grant the States the authority to govern [D] the basic powers of government are held by a single agency

(correct answer) [C] the people grant the States the authority to govern [D] the basic powers of government are held by a single agency General Questions government foundations 1. Local governments derive their power from (1 pt) [A] the Constitution and federal laws [B] State constitutions and State laws (correct answer) [C] both State

More information

THE FEDERAL LOBBYISTS REGISTRATION SYSTEM

THE FEDERAL LOBBYISTS REGISTRATION SYSTEM PRB 05-74E THE FEDERAL LOBBYISTS REGISTRATION SYSTEM Nancy Holmes Law and Government Division Revised 11 October 2007 PARLIAMENTARY INFORMATION AND RESEARCH SERVICE SERVICE D INFORMATION ET DE RECHERCHE

More information

THE CRIMINAL EQUATION

THE CRIMINAL EQUATION THE CRIMINAL EQUATION Actus Reus + Mens Rea = CRIME Actus Reus Latin for guilty act This simply means the physical act of committing a crime 1 Mens Rea Latin for guilty In the Criminal Code you will find

More information

The Nature of Law. Lesson One. Aims. Context. Note. The aims of this lesson are to enable you to

The Nature of Law. Lesson One. Aims. Context. Note. The aims of this lesson are to enable you to Lesson One Aims The aims of this lesson are to enable you to define what law is distinguish law from morality and justice, where appropriate indicate how and why law is divided up into separate areas of

More information

Landmark Case SEXUAL ORIENTATION AND THE CHARTER VRIEND v. ALBERTA

Landmark Case SEXUAL ORIENTATION AND THE CHARTER VRIEND v. ALBERTA Landmark Case SEXUAL ORIENTATION AND THE CHARTER VRIEND v. ALBERTA Prepared for the Ontario Justice Education Network by Counsel for the Department of Justice Canada. Vriend v. Alberta (1998) Delwin Vriend

More information