Secondary Sources of Law: (the major written documents)

Constitution

• Canadian Constitution – enacted in 1867, amended in 1982

• - highest level of law in Canada

• When there is disagreement about which level of government has jurisdiction over a certain area of law, it is up to the Supreme Court of Canada to make the decision. 

• Ex.: Safe Streets Act in Ontario – dealt with criminal behaviour, so SCC could deem it to be federal in scope (criminal code of Canada)

Criminal Code of Canada

The Criminal Code of Canada is a federal statute that consolidates most of Canada's criminal laws. It defines criminal offenses, outlines the punishments for those offenses, and provides procedures for criminal justice

British North America Act

British North America Act (BNA Act), now known as the Constitution Act, 1867. According to the act’s preamble, Canada was to have “constitution similar in principle to that of the United Kingdom.” This meant that Canadians inherited many ideas, customs, conventions, values, and principles of law from Britain that were not always spelled out in written clauses but were understood from centuries of experience and case law.

CCRF

• CHARTER OF RIGHTS AND FREEDOMS

• Added to the constitution in 1982

•  all laws must conform to the Charter

•  any law that violates a right under the Charter can be struck down by the SCC – (R. v. Zundel) in contrast to (R. v. Keegstra)