Secondary Sources

What are the 3 secondary sources of Canadian law?

The Constitution Act (1867), statute law, and case law.

What is the Constitution Act (1867)?

It is based on values and principles derived from multiple primary sources and outlines legal principles, including democracy and rule of law, as well as the distribution of government powers.

What are examples of federal powers?

Money, foreign affairs, military, and post service.

What are examples of provincial powers?

Healthcare, education, and main roads such as the 401.

What are examples of municipal powers?

Parks and recreation, road work, garbage pickup, and snow removal.

What is statute law?

Any law passed by the federal or provincial government.

What happens before a statute becomes law according to the notes?

The House of Commons/legislature debates and revises it, and it is then sent to the Senate to become law.

What is case law?

Judges’ written explanations of their rulings. These can become precedents considered in future similar cases.

What is a precedent?

A previous case or ruling that will be considered in future similar cases.

What happened in the Muzzo/Robertson example of precedent?

Muzzo received 10 years for a drinking-and-driving case that killed three young children and their two grandparents. It was a major sentence at the time. Robertson later did something similar, and what happened with Muzzo was used as a precedent; Robertson received 17 years.

What happened in the Bissonnette example of precedent?

Bissonnette shot up a mosque and killed eight people. A judge wanted to give him 40 years, but he appealed because the maximum in Canada was 25 years. The higher court agreed and used that rule as a precedent.