FRSC 1100

Law

a collection of rules created by the country or society. enforced by gov

Canada

is a common law country

statutes

Written laws made by legislatures

statutes are created by

fed gov, prov gov and muni gov

parliamentary process

Bill is drafted->First reading->Second reading→Committee stage->Report stage->Third reading->House of lords procedures->Royal assent.

to change constitution

fed gov and 7/10 provinces (50% of population) must agree

federal government deals with

the whole country

Fed gov enumerated powers

currency, banking, buoys, measurments

Prov gov enumerated powers

hospital, bars, fines, education, landlords

2 sources of law in canada

written law, case/common law

written law

made by gov

acts codes and by-law

case/common law

laws made by judges

in written court decision

bases on case decisions

Intra Vires

Within the power of government to pass laws

ultra vires

beyond the power of government to pass laws

municipal powers

prov gov delegates powers

safety zones, parking, garbage services

territorial powers

can be added or takes away by fed gov

Overlapping Jurisdiction

more than one court has jurisdiction over the same case (judge decides who has power)

common law

judges resolve common disputes in a common way py relying on precedents

case report

made by judges

description of facts

view of legal issues

the decision

stare decisis

let the decision stand

Heiarchy of Courts

1. supreme court

2. prov or terr court of appeal

3. trial courts

Supreme Court

decisions are binding to lower levels of court

prov and terr appeal courts

binding to jurisdictional trial courts

trial courts

only influential

becoming a judge

• 10 years lawyer

• application to panel->Minister of Justice

• recommendations to Prime Minister

• Queens rep appoints

The youth criminal justice act

defines the consequences young people face for criminal offences

small claims courts

lawsuits, divorce

family courts

specialized courts dealing with issues relating to families, such as divorce and child custody, orders of protection, delinquency proceedings, and guardianship proceedings

judical independence

ability of judges to reach decisions without fear of political retribution

statutes and common law precedents

trying to find answers using other statutes

precedents

previous court decisions that may be influential or binding on an judge dealing with similar legal issues

Absolute Liability

a criminal offence in which intent is assumed to be present and need not be proven

Strict Liability

liability without fault

Due Diligence Defense

A defence to an action that, if proven, makes the defendant not liable.

the three categories of justice

1. the criminal justice system

2. the civil justice system

3. administrative justice system

criminal justice

statute violation

lawyers represent parties

they are not parties

police need

reasonable and probable grounds

prosecutor

represents the Crown

judge/jury

impartial decision makers

criminal law jury

• 12 people

• jury makes decision

• decision must be unanimous

• if no decision, accused is acquitted

• do not decide sentence

criminal law judge

• directs jury on the law

• makes sentence

criminal law onus

the Crown

the defence counsel

lawyer representing the accused

criminal standard of evidence

beyond a reasonable doubt

criminal law disclosure

prosecutor must show accused ALL evidence

criminal law plea

after disclosure, accused can decide to plead guilty or not guilty

reasons for lawsuit (civil justice)

1. breech of contract

2. negligence

3. custody of children

statement of claim

document used to start a lawsuit

statement of defence

document responding to statement of claim

civil law disclosure

evidence is shown both ways

counter claim

A second lawsuit by the defendant against the plaintiff

civil law jury

• 6 people

• majority rules

civil apportion liability

defendant and plaintiff can both be partially liable

civil law limitation period

lawsuit must be filed within a period of time

administrative justice system

handled by other government agencies and administrators

administrative duty of fairness

1. right to know the case against them

2. right to respond

3. right to have impartial decision maker

onus

the responsibility of proving something

civil justice system

handling private matters (lawsuits). must have cause of action

cause of action

legit reason for lawsuit

civil law standard of proof

Balance of probabilities

Balance of probabilities

plaintiffs claim is more likely than not

Rules of Natural Justice

administrative duty of fairness

torts

legal non contract justifications for suing someone

Vicarious Liability

Legal responsibility placed on one person for the acts of another.

legislative rights

rights given under legislation, if breached, allow people to sue

unintentional tort

negligence and malpractice

Negligence

someone is injured because someone was careless

Contributory Negligence

plaintiff contributed to own injuries by lack of care

intentional tort

assault and battery, trespass, false arrest/imprisonment, defamation, invasion of privacy, nuisance,

assault and battery

assault includes a threat or attempt to injure, and battery includes the unlawful touching of another person without consent

trespass

entry to another's property without right or permission

False Arrest/Imprisonment

stopping someone from going where they want to go without a legitimate reason

Defamation

publishing a comment that could damage someones reputation

invasion of privacy

revealing personal information about an individual without his or her consent

nuisance

a person, thing, or circumstance causing inconvenience or annoyance (excessive noise)

Strict Liability

liability without fault

contracts

binding legal agreements

property issues

real estate, personal, intellectual

family law

Laws that govern marriage, common-law partnerships, and child custody.

child welfare

acting for best interest of child

administrative law is made by

gov officers, boards, agencies and tribunals

administrative law deals with

social assistance, immigration, release from prison, ministry of transportation

administrative law does not have to follow

precedents

courts will only get involved when administrative decision makers

make up powers, or do not make a decision

procedural fairness

right to be heard and right to impartial decision maker

human rights tribunal

cannot be discriminated against

Parole board decides

if an inmate can be released early

how long do inmates have to wait until they can apply for parole?

at least 1/3 of their sentence is served

parole board grants parole after evaluating

the risk for releasing them into the community

release contributes to protection of society

recidivism scale

points an inmate gets based on their crime, the likelihood they will offed again

the parole board will consider

criminal history, judges reason for sentence, victim impact statements, correctional facility file, recidivism scale

parole board hearing consists of _____ people

2 or 3

court of appeal does not hear______.

new evidence (no witnesses)

court of appeal only hears from _______.

lawyers

criminal law offence is an offence against

society

anyone can report a crime to

police, justice of peace or judge

criminal law, someone can only be accused if

police find reasonable and probable grounds

Canada has a ____ court.

open

police are the ____ _________.

peace keepers