The Pillars of The Pillars of Canadian LawCanadian LawWhere do our laws come Where do our laws come

from?from?

Canadian LawsCanadian Laws

Within your group think of Within your group think of a)a) One good law for our country, One good law for our country,

province…province…

b)b) One bad law for our country, provinceOne bad law for our country, province

c)c) One law that you would like to see One law that you would like to see modifiedmodified

d)d) Explain.Explain.

Where do our laws come from? Where do our laws come from?

Within your group think of one or two Within your group think of one or two sources of our Canadian Laws.sources of our Canadian Laws.

Be ready to share. Be ready to share.

Where does the law come from?

There are three main sources of law in Canada:

– Constitutional Law – Statute Law – Common Law

Constitutional Law

British North America Act, 1867 (BNA)British North America Act, 1867 (BNA) It overrides all other laws. These laws lay the foundation for all the

others that come after.

Ex: The concept of Freedom of speech must not be contradicted by other laws.

Ex: How new laws are created in Canada.

Constitutional Law

Governmental Powers It determines the law‑making powers of the

federal and provincial governments.

Each level of government then passes its own laws in specific domains. its own area of political its own area of political jurisdictionjurisdiction (authority and control). (authority and control).

This is why some laws are the same throughout the country (postal) while some laws differ from one province to another (education). However, they must all fall under the umbrella of constitutional law (ex Charter of Rights and Freedom).

J urisdictions in Canada Information

Name: __________________________________________________________________ At which level of government does each jurisdiction below belong? Federal Provincial Municipal

1. Postal Services (Mail)

2. Municipal institutions (hospitals)

3. Property Rights

4. Banking and currency

5. Navigation

6. Patents

7. Littering Laws

8. Marriage and divorce

9. Celebration of marriage

10. Units of measure (metric system)

11. Bankruptcy

12. Clearing snow from the sidewalks

13. Army, navy, air force

14. Education

15. Modification of the constitution

16. Forests

17. Employment Insurance

18. Census and statistics

19. Aboriginal rights and reserves

20. Highways

21. Garbage Collection

22. Criminal Law

Jurisdictions in CanadaJurisdictions in Canada The federal government enacts laws that apply to The federal government enacts laws that apply to

everyone in Canada. everyone in Canada. It has jurisdiction in several areas of law, It has jurisdiction in several areas of law,

including:including:• Aboriginal rights and reservesAboriginal rights and reserves• criminal law,criminal law,• modification of the Constitutionmodification of the Constitution• units of measurement (metric system)units of measurement (metric system)• navigation within our waters (otherwise International Law)navigation within our waters (otherwise International Law)• patents,patents,• armed forces (army, navy, air force)armed forces (army, navy, air force)• federal penitentiaries, federal penitentiaries, • employment insurance, unemployment benefitsemployment insurance, unemployment benefits• official census and statisticsofficial census and statistics• banking and currency, bankruptcybanking and currency, bankruptcy• marriage and divorce,marriage and divorce,• and postal services. and postal services.

Jurisdictions in CanadaJurisdictions in Canada

The laws that provincial governments pass The laws that provincial governments pass apply to people in that particular province. apply to people in that particular province. Provinces have jurisdiction to make laws Provinces have jurisdiction to make laws affecting:affecting:

• educationeducation• modification to the Constitutionmodification to the Constitution• hospitals (and other municipal institutions such as hospitals (and other municipal institutions such as

hospices and refuges)hospices and refuges)• police forces (not the RCMP),police forces (not the RCMP),• celebration of marriage (what you need to do to get celebration of marriage (what you need to do to get

married)married)• property rights, property rights, • highways, highways, • and forests. and forests.

Jurisdictions in CanadaJurisdictions in Canada

Municipal or local governments make Municipal or local governments make laws called laws called bylawsbylaws that deal with local that deal with local issues such asissues such as

• garbage collection, garbage collection, • most littering laws, (some are provincial or most littering laws, (some are provincial or

federal on government property or historical federal on government property or historical sites)sites)

• the height of backyard fencesthe height of backyard fences, , • who is responsible for clearing snow from who is responsible for clearing snow from

sidewalks. sidewalks.

Jurisdictions in CanadaJurisdictions in Canada

Indian Bands established under the Indian Bands established under the federal federal Indian ActIndian Act are like local are like local governments in that they have some governments in that they have some authority to make bylaws that apply authority to make bylaws that apply to that band’s reserve lands. to that band’s reserve lands.

If an Aboriginal group has a self-If an Aboriginal group has a self-government agreement, that group government agreement, that group has wider law-making powers than a has wider law-making powers than a band. band.

Statute Law

Laws passed by elected representatives at the federal, provincial and municipal level.

It overrides common law but cannot contradict Constitutional Law.

It has proven staying power and the respect of the community.

Ex: legal voting age

Statute Law

Municipal bylaws

Municipal bylaws in our area include: Pooper scooper law Closing times for public parks Smoking laws Littering laws

Common Law

Also known as case law. It is based on decisions by judges in other

cases and is constantly evolving. If a judge . If a judge disagrees with the decision made by a disagrees with the decision made by a previous judge, or if the precedent (law in previous judge, or if the precedent (law in common law) no longer applies, the judge can common law) no longer applies, the judge can reject previous decisions and create a new reject previous decisions and create a new precedent. This process is called precedent. This process is called distinguishing a casedistinguishing a case. .

It is also used when there is no statute law or to add further components the statute law.

Ex: speeding tickets

Classifying the LawClassifying the Law

How the various laws are How the various laws are organisedorganised

It determines the studies, the type It determines the studies, the type of lawyer, the type of law firm, the of lawyer, the type of law firm, the courts where the disputes will be courts where the disputes will be heardheard..

Organizing the Law

Because the law has so much authority over everything in our lives, it has to be written down or codified in sections so we can understand and use it.

This is why we talk about a “Code of Law”

Categories of LawCategories of Law

Legal disputes rarely fit neatly into Legal disputes rarely fit neatly into one category or another without one category or another without overlapping at some point. However, overlapping at some point. However, categories provide distinctions that categories provide distinctions that help to clarify and organize a help to clarify and organize a complex body of law. complex body of law.

International Law

These are the laws that govern the relationships between independent nations such as Canada, the United States, China or England.

Ex: trade laws, fishing rights in international waters, humanitarian rights.

Domestic Law

These laws govern the activity within a nation’s own borders.

Domestic law is broken into two categories:

– Substantive Law– Procedural Law

Substantive Law

Defines the rights, duties and obligations of citizens and governments.

These are the laws we have to obey as citizens – the dos and don’ts for people to follow.

Examples include the right to own Examples include the right to own and protect property, to enter into a and protect property, to enter into a legal contract, and to seek remedies legal contract, and to seek remedies if that contract is broken.if that contract is broken.

Procedural Law

Deals with the content of the law; it is the prescribed method of enforcing the rights, duties and obligations found in Substantive Law.

Ex: These are the procedures of law – how to deal with those who have broken the laws – it determines the actions of the police, prison guard, people working in the courts.

Procedural Law

Procedural law therefore refers to Procedural law therefore refers to gathering evidence properly, following gathering evidence properly, following the legal requirements for a lawful the legal requirements for a lawful arrest, and adhering to correct trial arrest, and adhering to correct trial procedures.procedures.

Procedural law helps ensure that all Procedural law helps ensure that all citizens are treated fairly and that citizens are treated fairly and that neither the police nor the courts act neither the police nor the courts act arbitrarily arbitrarily

Public and Private LawPublic and Private Law

Substantive law can be divided into Substantive law can be divided into the categories of public law and the categories of public law and private law.private law.

Public lawPublic law regulates the relationship regulates the relationship

between the government and its between the government and its citizens. citizens.

Private LawPrivate Law

Private lawPrivate law, more commonly known , more commonly known as as civil lawcivil law, covers all the areas of , covers all the areas of law that deal with legal relationships law that deal with legal relationships between individuals and between between individuals and between individuals and organizations individuals and organizations (excluding the government). (excluding the government).

Please recopy on back of bookletPlease recopy on back of booklet

Public LawPublic Law

Constitutional law is one type of public law. Constitutional law is one type of public law. Another type of public law is Another type of public law is

administrative lawadministrative law. The everyday lives of . The everyday lives of Canadians are probably more affected by Canadians are probably more affected by administrative law than any other branch of administrative law than any other branch of law. Victims of violent crimes seeking law. Victims of violent crimes seeking reparation for injuries or expenses, injured reparation for injuries or expenses, injured workers seeking compensation, and people workers seeking compensation, and people concerned about a subdivision being built concerned about a subdivision being built near a conservation area all find near a conservation area all find themselves involved in administrative law.themselves involved in administrative law.

Public LawPublic Law

It is It is criminal lawcriminal law, however, another type , however, another type of public law that attracts the most media of public law that attracts the most media attention. attention.

Criminal law prohibits and punishes Criminal law prohibits and punishes behaviour that causes harm to others such behaviour that causes harm to others such as murder, robbery, or assault. as murder, robbery, or assault.

All crimes are described in the All crimes are described in the Criminal Criminal Code of CanadaCode of Canada and only the federal and only the federal government has the authority to pass government has the authority to pass criminal legislation. criminal legislation.

Private LawPrivate Law

The main purpose of private law is to The main purpose of private law is to regulate conduct and compensate regulate conduct and compensate individuals who have been harmed individuals who have been harmed by the wrongful actions of others. by the wrongful actions of others.

Private law refers to torts (civil Private law refers to torts (civil injuries), contracts, and family law. It injuries), contracts, and family law. It also includes property law, also includes property law, employment law and estate law.employment law and estate law.