Canadian Law Unit 1

Law Unit 1 Grade 11

Justice

Is open to debate because our ideas originate from our morals, values, attitudes, and beliefs; all of which may change over time 

Justice

Occurs when the law treats similar cases alike, and different cases differently.

Ex. If a person with Tourette’s Syndrome was charged with causing a disturbance, it might be dismissed by the judge once informed of the person's condition. 

The law is unjust if…

The law is unjust if it discriminates based on irrelevant characteristics 

Ex. It is fair to be denied access to an R rated movie if you are under the age of 18. However, being denied access to the R rated movies based off eye colour is unjustifiable.  

Justice should be impartial…

laws should apply regardless of position or financial status. 

Ex. Being a celebrity should not offer any special protection or privileges. Abusive celebrities should be charged with assault just as other Canadians who committed similar crimes. 

Just laws

…should conform to society's values and beliefs. 

Ex. Government-imposed DNA registration would be opposed by many due to the value of an individual right to privacy in our society. In contrast, the government sex offender registry was not strongly opposed as most people value public safety. 

Rules

Not created by the government and not enforced by the government. They apply to specific people in specific places.

Ex. No hats in school

Laws

A set of rules created by and enforced by the government. They apply to everyone equally.

Ex. Speed limits

The Rule of Law

Government of law and not of people

• Rule of person-monarchy, tyranny, or theocracy

The Rule of Law States:

• Society is governed by law

• No person or government is above the law. The law is applied equally to all

• No one in our society has the right to exercise unrestricted power to take away our rights, except in accordance with the law.

Code of Hammurabi

(1792-1750 BCE)

• One of the earliest written legal codes, emphasizing retributive justice

•  ("an eye for an eye")

• Dealing with Violations: If someone committed a crime, they would receive a punishment equivalent to the offense, such as physical retaliation or fines.

Code of Hammurabi - Modern Impact

• The principals had an impact on modern legal systems.

• It introduced the concepts of presumption of innocence and the importance of evidence.

• Influences concepts of justice and punishment

• debates on retributive vs. restorative justice continue today.

• Introduced publicly accessed law

Mosaic Law

• Violations resulted in fines, restitution, or capital punishment

• More justifiable laws that forbid certain acts.

• These forbidden acts include murder, adultery, theft, and worshiping other gods.

• This law cared for the poor, women, and children, but made punishments equal for all if a law was broken.

Mosaic Law - Modern Impact

• These laws impacted the modern day by setting standards of morals

• Influenced the development of the systems of law like family and social justice. 

Greek Law

• Being a citizen meant you had political rights.

• Created civic duty and democracy

• Offenders faced trials with penalties from fines to exile

• Had a democracy, which being an involved citizen was important to this democracy, ex. Voting, jury duty.

• Only a portion of people were citizens, this excludes women, children, aliens, and slaves.

• The first form of democracy was originated here. 

Greek Law - Modern Impact

• Created foundations of democratic principles and political rights in democratic systems

• Influenced romans to use lawyers

Roman Law

• Now considered a foundation of modern law

• Ruled equality between the rich and poor.

• Two principles of Included the law must be recorded and justice could not be left in the hands of judges alone to interpret.

• Created complex legal systems that govern civil matters, contracts, and property

• Public prosecution of law was normalized in this society.

• Seeking law advice (lawyers) became prevalent in this time when facing criminal charges. 

Roman Law - Modern Day

• This law had formed the basis for shaping legal liability and reforms

• This law shaped the concepts of civil law traditions, property rights, ownership, and contract law.  

Justinian’s Code

• A new body of law that influenced the modern concept of basic law and justice (527-565 CE).

• This law formed the basics of civil law, criminal law, and the legal systems of Western civilization and European countries.

• This code also regulated religious practice.

• Created justice.

• Took books of Roman law and squished it into understandable law. 

Justinian’s Code - Modern Day

• Influenced the regulations of religions today.

• This code also influenced civil law frameworks, creating principles regarding property rights and contracts

Napoleonic Code

• This code regulated civil matters, such as family law, contracts, wills, etc.

• Clarified individual rights

• Legal disputes were solved in civil courts

• No physical punishment

• This represented the compromise between influences of Germanic law of northern France and the Justinian Code of southern France.

• This law was easy to access. 

Napoleonic Code - Modern Day

• Influenced developing countries outside of Europe which attempted to modernize and defeudalize their countries though legal reforms.

• This became one of the most widespread systems of law in the world. 

Early British Law

• Trial by ordeal

• Trial by oath helping

• Trial by combat

• Adversarial System

Trial by Ordeal

Trial by ordeal was a judicial practice used in early British law, particularly during the medieval period 

• This method meant that divine intervention would protect the innocent and reveal the guilty 

• This included ordeal by fire and ordeal by water, which tests medieval were done to prove innocence 

Trial by Oath Helping

This is by following out deeds such as asking for support and by checking reputation of the accused

Trial by Combat

In some cases, the accused could challenge their accuser to a duel

Adversarial System

Making informed choices based off data analysis, expert knowledge, and specific context

The Feudal Sytem

- A social, economic, and political structure that dominated medieval Europe in the 9^th to 15th centuries 

- Was characterized by a hierarchy of lords, where land ownership and obligations were central to the system 

- The king/monarch owned all land and granted portions to nobles in exchange for loyalty and military service 

Devine Right

A part of the Feudal System: Refers to a political and religious doctrine that ensures the monarch absorbs their authority from God, rather than consent of the people 

Common Law

• Assizes

• Circuit Judges

• Case Law

• Stare Decisis

• Rule of Precendent

Assizes

• Refers to the periodic sessions or courts held to administer justice, particularly in England.

• Historically, this was established to provide a means for the judged to hear and resolve disputes.

Circuit Judges

• Known as judicial officers who preside over court in specific geographic areas, known as a circuit.

• They hear cases and can oversee trials 

Case Law

• Refers to the body of law that is established through judicial decisions made in court.

• It is created to clarify and apply legal principles to situations

Stare Decisis

• Is a legal principle that mandates courts to follow precedents established in previous judicial decisions when making rulings in similar cases.

• This promotes consistency and predictability in law.

Rule of Precedent

Another term for ‘Stare Decisis’

Legal Reforms

• Magna Carta

• Rule of Law

• Habeas Corpus

Magna Carta

• Also known as the Great Charter, this was a pivotal document in history of democracy and the rule of law.

• Used originally in England in 1215, this established the principle that everyone is subject to law. 

Rule of Law

• A fundamental principle that asserts all individuals, institutions, and the government, ensuring they are accountable to the law.

• This includes; equality before the law, legal certainty, access to justice, separation of powers, and judicial independence.  

Habeas Corpus

A legal principle that protects an individuals right to be free from unlawful detention or imprisionment

Aboriginal Law

• Refers to the body of legal principles and statutes that govern the rights and interests of Indigenous peoples, particularly in relation to their land, culture, and governance. 

• Influenced by historical treaties made between Indigenous peoples and colonial or federal governments.  

• Key aspects include; land rights, self-governance, cultural preservation, and consultation & consent 

Great Binding Law

• Associated with the concept of natural law or universal principles that govern moral and ethical behaviour.

• This binds humanity together, promoting harmony, justice, and mutual respect. 

Retribution

• A punitive approach focused on punishing the offender for their wrongdoings

• Focuses on accountability

Restitution

• A remedial approach aimed at compensating the victim for losses caused by the offender

• Results in penalties for the offender

• Results in financial compensation or return of property to victim

International Law

• Governs the conduct of nations in relationships with each other

• International treaties or agreements are minding

International Law Key Areas

• Human rights law

• International law

• International criminal law

International Court of Justice (ICJ)

• Settles the legal disputes submitted to it by states 

• Gives advisory opinions on legal questions from authorizes organisations and agencies 

Domestic Law

• Governs legal matters within a specific country

Procedural Law

• Governs the processes and procedures for enforcing legal rights and obligations

• This includes rules for courts and litigation

Substantive Law

• Defines the rights, duties, and obligations of citizens and levels of government 

Public Law

• Regulates relationships between the government and its citizens 

• Are subject to the Charter of Rights and Freedoms 

• Three categories: Administrative, criminal, constitutional

Administrative Law

• Regulates governmental agencies/boards and their actions

• This includes liquor control boards and labour boards 

Criminal Law

• Prohibits and punishes behaviour that causes harm to others; such as murder, robbery, or assault. 

• All crimes can be found under the Criminal Code of Canada and other related federal statutes. 

Constitutional Law

• Focuses on the application and interpretation of the constitution

• The body of rules, doctrines, and practices that govern the operation of political communities

Private Law

• Also known as civil law as it deals with relationships between people in certain situations 

• Legal relations between two individuals, and individuals & organizations – not the government 

• 6 sections: Tort, contract, family, will & estates, property, employment

Tort Law

Demands for a large sum of money for harm, pain, suffering, & financial loss due to the careless actions of others 

• Ex. Mcdonalds coffee too hat when lady spills and burns self 

Contract Law

• Everyday transactions where people buy or provide goods & services 

• If satisfied with the purchase/service received, they pay 

• If satisfied they can go to court 

Family Law

Marriage, property division when separating, custody/child support, divorce

Will & Estates

• Laws governing life from birth to death 

• Division of property after death 

• Legal & binding wills outline how estate/assets are divided upon death 

• Will can be challenged under estate law 

Property Law

Regulates property ownership rights including the ownershipn and transer of real estate

Employment Law

• Relationships between employer & employee 

• Both provincial & federal laws 

• Some examples: child protection, restriction on hours, minimum wage, hiring/firing procedures, protection for discrimination/harassment, safety rules, protection in workplace, unions 

The BNA Act

A foundational document that set the stage for Canadas development as a nation and is a crucial part of the the constitutional framework today.

The Constitution Act

Created in 1982, set of laws that contain the basic rules about how Canada opperates

The Canadian Charter of Rights and Freedoms

Part of the Canadian constitution enractment under the goverment of Pierre Trudeau

What is a right?

A legal, moral, or social claim that people are entitled to, primarily by their government.

What is a freedom?

Is the right to live life how you want

Fundamental Freedoms

• Freedom of conscience and religion

• Freedom of thought, belief, opinion, and expression

• Freedom of peaceful assembly and association

Democratic rights: Section 3

the right to vote at a legal age

Mobility rights: section 6

Allowed to leave and return to Canada

Life, liberty, and security of the person: section 7

Noise Limitations

Unreasonable search and seisure: Section 8

Arbitrary detention/detainment: Section 9

Areest detention charges: Section 10 + 11

Cruel + uncival punishment: Section 12

Executive Structure of Government

• The brand responsible for enforcing laws and managing the government

• Implies laws, conducts foriegn policies, and oversees national defense

Legislative Structure of Government

• The branch responsible for creating laws

• Consits of two houses: the house of commons and the senate

• Proposes, debates, voting, and taxes

Judicary Structure of Government

• The brand responsible for interpriting laws and administering justice

• Composed of courts

• Resolves disputes and ensures laws comply with the constitution

Judges

Appointed or elected officials who presides over cases to make legal decisions

Courts

Various levels, including trial courts, appellate courts, and a supreme court

Parliament Structure

Established two parts of parliment: the house of commons and the sentate

Federalism

Divides power between the national and provincial government

Constitutional Framework

Created a basis for Canadas constitution and future provinces

Steps to enact a legeslation

Proposal, readings, committee, review, voting, and royal assent

Amending formula

Sets rules for changing the constitution, neegreement from both federal and provincial governments

A bill is

A proposal for a new law

The parliaments main function is to

make, change, or repeal laws

the first step into making a bill

An idea is put forth by a cabinet minister, private member, or other source.

How many reading before a bill becomes a las

Three readings in each chamber

What does the senate do with the bill?

Reviews, debates, and proposes amendments to the bill