Intro to Law in Canada

Statute laws

Statute laws

laws passed by parliament/government

instability of minority governments

tend to be less stable than majority governments because they can be more easily defeated on confidence votes (such as the passing of budgets or key legislation). If the government loses a confidence vote, it may trigger a new election.

what is the rule of law? (not the 3 part principles, but what is it exactly)

it is a foundational constitutional principle that ensures the supremacy of law in governing the country. it means that everyone is subject to and accountable under the law. this principle is essential for maintaining a democratic society, protecting rights and freedoms, and ensuring justice and fairness

Common laws

based on judicial decisions or case law precedent - passed by judges

Canadian Constitutional law

Primarily based on the Constitution Act, 1867, and the Constitution Act, 1982, it defines the responsibilities (jurisdiction) and limits the powers of government.

This framework is crucial for maintaining the rule of law, ensuring that all government actions are bound by legal limits.

• supreme, hard to change, applies to everyone equally

Rule of Law

The rule of law is a principle that all individuals and organizations, including the government, are subject to the law and that the law is enforced equally and fairly. The three-part principles of rule of law are:

1. Individuals must recognize and accept that the law is necessary to regulate society

2. The law applies equally to everyone, including people in power

3. No one in society has the authority to take away oru rights except in accordance with the law

3 Sources of law in Canada

constitutional law, statute law, common law

What is at the top of the pyramid and why? (Sources of law)

Constitutional law, because it overrides statute and common law due to it possessing the greatest authority.

How are the three sources of law created?

Constitutional law is created by the constitution, statute law is created by elected legislative bodies, and common law is created through court decisions and judicial precedent.

What is the pyramid of the three sources of law?

Constitutional law is at the top, statute law in the middle, and common law at the bottom.

State decisis

the practice of using earlier judicial rulings as a basis for deciding cases

Distinguishing a case

identifying a case as being sufficiently different from previous cases as to warrant a different decision
- decision of a judge to reject previous decisions and set a new precedent
- common law can evolve to meet modern realities (eg. AI), new legal challenges, and to prevent unfair laws

English common law

The basis of a court system for justice. The essence of English common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the facts before them.

Identify three reasons why a judge may decide to distinguish a case

- insufficient existing precedent for a relatively novel case (involving the Internet, technologies)
- outdated precedents that are no longer applicable to contemporary society and its values
- incongruencies with a judge's values that lead to rejection

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Jurisdiction

The political or legal authority to pass and enforce laws, or the judicial authority to decide a case

How does statute law relate to common law?

-many statute laws that govern the lives of Canadians today are common law decisions that have been written into legislation. Common laws help to fill in gaps in statute laws

How does jurisdiction impact the enactment of statute laws?

- sets boundaries for the types of laws that the diff. levels of gov are able to change/create.
- ex: the fed. gov. is unable to extend school days because it does not have the same political jurisdiction as the provincial government.

What areas of law are under federal jurisdiction?

matters like national defense, criminal law, immigration, trade, and banking, as outlined in the Constitution Act, 1867.

What areas of law are under provincial jurisdiction?

Hospitals, police forces, property rights, highways and roads, provincial jails

Bylaws

Laws that deal with local issues, passed by municipal governments

What happens if a law violates the constitution?

The courts may declare the law unconstitutional and strike it down

rule of precedent (stare decisis)

Applying a previous decision to a case that has similar circumstances

How do judges follow precedent?

Judges and lawyers refer to reports of previously decided cases known as precedents which are collected in law books and databases online for answers
- standing by former decision

When precedent must be followed

- judges must follow precedent from upper level court
- judges at every level of court must follow rulings of the Supreme Court of Canada
- if the Supreme Court has not ruled on particular issues, judges must follow precedents of the court of appeal or any higher court

Provincial Court

handles cases at the provincial level and every province has its own court system - handles criminal, traffic, small claims and family cases

What is the role of Provincial Superior Courts in Canada?

handle serious criminal cases, civil disputes, and family law, and they can also hear appeals from lower provincial courts.

Appeal court

court that reviews the decisions of lower courts to determine if there is error

Federal Court of Canada

a court that hears cases involving the federal government; consists of a trial and an appeal division

What is the process to pass a bill into law at the federal level? (one sentence answer)

The bill passes through the House of Commons, the Senate, and is given Royal Assent by the Governor General.

What is the process to pass a bill into law at the provincial level? (one sentence answer)

The bill passes through the Legislative Assembly and is given Royal Assent by the Lieutenant Governor.

What is the impact of a minority government on passing a bill?

• Compromise: Bills may need to be adjusted to satisfy different parties.

• Coalitions: The government may form coalitions with other parties to secure enough votes.

• Less Control: They do not have the majority needed to pass legislation without cooperation, making it harder to push through controversial bills.

What are the major political parties in Canada?

Liberal Party, Conservative Party, New Democratic Party (NDP), and others like the Bloc Québécois and the Green Party.

how many provincial ridings are there in canada 2024

93 ridings

how many ridings are there in canada 2024

As of 2024, Canada has 338 electoral districts, also known as ridings, which are represented in the House of Commons. The number of ridings has increased due to population growth and redistribution efforts to ensure fair representation across the country

What are the representatives at each level of government called?

Federal: Members of Parliament (MPs). Provincial: Members of the Legislative Assembly (MLAs). Municipal: Councillors or Aldermen.

Why is constitutional law important to the rule of law?

It ensures that all laws and government actions are based on a legal framework and protect citizens' rights.

-\

Canadian Constitution

Establishes the rules and principles that govern the operation of government and political life in Canada.
- created in 1867, amended in 1982 to include charter of rights and freedoms

Constitutional democracy

a form of government in which the sovereign power of the people is spelled out in a governing constitution.

Constitutional monarchy

A King or Queen is the official head of state but power is limited by a constitution.

Canada is a

constitutional monarchy, parliamentary democracy

what are laws?

set of rules and principles that regulate the conduct of a community

why do we need laws?

• regulate society

• enforce consequences for negative/harmful behaviour

• foster cooperation in a community

electoral district, riding, constituency

A geographical area where all people vote for a single representative.

constituent

an essential part; a voter who elects a representative

what are the three parts of the federal parliament?

the House of Commons, the Senate, and the govenor general (who represent's Canada's head of state)

The House of Commons

the part of Parliament that is teh most integral for making laws - representatives are elected by the citizens of Canada

member of parliament

a representative elected by the voters of a specific electoral district, also known as a riding, to serve in the House of Commons in Canada's federal parliament. The role of an MP is to represent the interests of their constituents and to participate in the legislative process by voting on bills and other matters before the House of Commons.

how does a government form in canada?

Federal Election: Citizens vote in a general election to elect Members of Parliament (MPs) for each riding.

Winning Party: The political party that wins the most seats in the House of Commons usually forms the government.

Majority vs. Minority:

Majority Government: If a party wins more than half the seats (170 out of 338), they form a majority government.

Minority Government: If no party wins a majority, the party with the most seats can try to form a minority government.

Prime Minister: The leader of the winning party becomes the Prime Minister.

Cabinet Formation: The Prime Minister selects Cabinet Ministers from the elected MPs to manage government departments.

Confidence of the House: The government must maintain the confidence of the House of Commons to stay in power.

What is the Cabinet in Canada?

The Cabinet in Canada is a group of senior government ministers chosen by the Prime Minister. They are responsible for different government departments (e.g., finance, health) and help shape national policy. The Cabinet plays a key role in decision-making, proposing laws, and guiding the administration of the country.

describe the difference between a majority and minority government, and how it impacts passing a bill

Majority Government: When one party wins more than half the seats in the House of Commons (170 out of 338). It can pass bills more easily because it has enough votes on its own to approve legislation.

Minority Government: When no party wins a majority of seats. The governing party must rely on support from other parties to pass bills, making it more difficult and requiring negotiation and compromise

What is the difference between passing a bill in the provincial government and the federal government in Canada?

Provincial Government: Bills are introduced and passed in the provincial legislature. There is only one legislative body, called the Legislative Assembly, where the bill is debated and voted on. Once passed, it only applies to the specific province.

Federal Government: Bills are introduced in either the House of Commons or the Senate. They must pass through the House of Commons then the Senate, each with its own stages of debate and voting. Once passed, the law applies across the entire country.

How are municipal laws passed in Canada?

Municipal laws, called bylaws, are passed by the municipal council. A proposed bylaw is introduced, debated, and voted on by the council. If the majority approves, it becomes law and applies within the municipality's boundaries.

why does the government spend time and money researching the effects a new law might have?

The government invests time and resources into researching the potential effects of new laws to maintain political integrity, build public trust, assess potential consequences, and ensure the stability of the governing party

What is an MP, and how are they chosen in Canada?

An MP (Member of Parliament) represents a specific electoral district (riding) in the House of Commons. They are responsible for debating and voting on laws and representing the interests of their constituents.

• they raise issues in Parliament, participate in debates on national policies, and can propose new laws (bills)

MPs are chosen through federal elections, where citizens in each riding vote for their preferred candidate. The candidate with the most votes in each riding becomes the MP for that area. Federal elections are held every four years or earlier if called.

what are the stages in passing a bill in Canada

First Reading: Introduction of the bill; a vote is taken to allow the bill to proceed.

Second Reading: General debate on the bill's principles; followed by a vote on whether to proceed.

Committee Stage: Detailed examination and possible amendments; usually no vote at this stage.

Third Reading: Final debate on the bill; followed by a vote on the bill as a whole.

Senate: Bill is sent to the Senate for review; each stage includes votes similar to the House of Commons.

Royal Assent: Final approval from the Governor General; no vote, but formal approval.

What happens during the First Reading of a bill?

During the First Reading, the bill is introduced to the House of Commons. A vote is taken to allow the bill to proceed to the next stage, and its title and purpose are read out.

What happens during the Second Reading of a bill?

During the Second Reading, Members of Parliament debate the general principles and themes of the bill. This is followed by a vote on whether to proceed with the bill.

What happens during the Committee Stage of a bill?

a committee of MPS examines the bill in detail, reviewing it line by line, inviting expert input, and proposing amendments, before reporting their findings and recommendations to the House for further debate.

• often invite members of the public, interest groups, or organizations to provide feedback on the bill. This can happen through public hearings, written submissions, or presentations.

What happens during the Third Reading of a bill?

During the Third Reading, the final version of the bill is debated. This is followed by a vote on the bill as a whole. If passed, it moves on to the Senate.

What role does the Senate play in the passing of a bill?

After passing the House of Commons, the bill is sent to the Senate. Each stage in the Senate (First Reading, Second Reading, Committee Stage, and Third Reading) includes debates and votes, similar to the House of Commons.

What is Royal Assent in the context of passing a bill?

Royal Assent is the final step in the legislative process, where the Governor General formally approves the bill. There is no vote at this stage; once Royal Assent is granted, the bill becomes law and is enforceable.

three branches of government in canada

Executive Branch

Legislative Branch

Judicial Branch

Executive Branch

Responsible for implementing and enforcing laws. This branch includes the Prime Minister, the Cabinet, and the civil service.

Legislative Branch

Responsible for making and passing laws. It consists of two houses: the House of Commons (elected MPs) and the Senate (appointed members).

Judicial Branch

Responsible for interpreting laws and administering justice. This branch includes the court system, with the Supreme Court of Canada being the highest court.

difference between Member of Parliament (MP) and Member of the Legislative Assembly

MP

• member of the house of commons

• elected to represent a federal electoral district (riding)

• responsible for making federal laws and poliices

• leader of the political party with the most MPs in the House of Commons becomes the Prime Minister

MLA

• member of a provincial or territorial legislative assembly

• elected to represent a provincial or territorial district

• makes laws/policies that apply within their specific province

• leader of political party with the most MLAs in the legislative assembly becomes the Premier of the province/territory

What are the four characteristics of justice, and how do they apply to Canadian society?

The four characteristics of justice are:

• treat like cases alike and different cases differently

• a law is unjust if it discriminates on the basis of irrevalent characteristics

• laws should be applied regardless of a person’s position/status

• laws must conform to society’s beliefs and values

Case title in civil cases

In civil cases, the title of the case typically includes the names of the parties involved, with the plaintiff's name listed first, followed by the defendant's name. For example, "Smith v. Jones" would be a civil case where Smith is the plaintiff and Jones is the defendant.

Case title in criminal cases

includes the name of the accused, followed by the name of the prosecuting authority (such as the Crown or the State). For example, "R v. Smith" would be a criminal case where Smith is the accused and the Crown is the prosecuting authority.

Jim Crow Laws

• set of laws and regulations that enforced racial segregation and discrimination in the United States, particularly in the Southern states, from the late 19th century until the mid-1960s.

• These laws mandated segregation in public facilities, restricted the rights of African Americans, and were enforced through violence, intimidation, and legal penalties.

• They were overturned through legal challenges and civil rights protests, but their legacy continues to impact American society.

What was Martin Luther King Jr. arrested for, what was he protesting, and what is the difference between unjust and just laws?

Martin Luther King Jr. was arrested in Birmingham, Alabama in 1963 for violating a court injunction that prohibited public demonstrations without prior approval (parading without a permit)

• He was protesting against the city's segregation laws and practices, which he believed were unjust and violated the principles of equality and fairness.

• He fought against systemic racism that denied African Americans the same rights as White citizens

unjust laws are those out of harmony with moral law, promote discrimination, and are not applied equally to all - they are often created by a majority to oppress a minority

Just laws are those that uphold human dignity, appy equally to everyone, and reflect moral principles. King believed that individuals have a moral responsibility to disobey unjust laws

cabinet minister

a senior member of the government, chosen by the Prime Minister, who leads a government department (e.g., finance, health). They help make important decisions and implement policies.

non-confidence vote

parliamentary vote where members decide if they still support the government. If the government loses the vote, it means they no longer have the confidence of the majority, which can lead to the government resigning or an election being called.

examples of the jurisdictions for each level of government in canada

federal: treaties, national defense, immigration, criminal law, currency/banking

provincial: healthcare, education, transportation, infrastructure

municipal: local roads, water and waste management, zoning and building permits, parks

How does law reflect societal values and morals?

Laws reflect the values and morals of a scoiety because they are often created in response to the beliefs and principles held by society

For example, laws against theft or murder reflect widely accepted moral beliefs about the value of life and property.

As society’s morals evolve, laws may be updated to reflect those changes.

How do laws influence societal values and attitudes?

Laws can shape and influence societal values by promoting certain behaviors and discouraging others. For instance, civil rights laws aim to promote equality and challenge discriminatory attitudes, encouraging society to adopt more inclusive values over time.

How can morality challenge laws?

Societal values and beliefs can challenge existing laws, leading to legal reform. As public attitudes shift, laws may be re-examined or changed to align with current societal views, such as with debates about abortion or civil rights.

coalition

alliance of political parties that join together to form a government, usually when no single party has enough seats to govern alone. They work together to achieve common goals.

How does the principle "Treat like cases alike and different cases differently" apply in Canada?

Canada’s judicial system ensures fairness by applying legal precedents to treat similar cases the same while considering unique circumstances in different cases.

How is discrimination on irrelevant characteristics addressed in Canadian law?

The Charter of Rights and Freedoms prohibits discrimination based on irrelevant factors like race, gender, or disability, ensuring fair treatment for all.

What does it mean for laws to be applied impartially in Canada?

In Canada, laws are applied without bias, regardless of status, wealth, or political power, ensuring fairness for all individuals.

How does the law reflect society's changing values in Canada?

Canadian laws adapt over time, balancing conflicting rights and reflecting societal values, such as changes in equality and human rights laws.

examples of the link between law and morality

• Abortion laws (conflicting moral viewpoints on life and choice).

• Same-sex marriage laws (shift in societal values towards inclusivity and fairness).

• Civil rights laws (e.g., Martin Luther King Jr.'s fight against Jim Crow laws).

what is it called when a minority government joins other parties to form a majority government?

• a coalition government. this happens when a minority government partners with one or more opposition parties to form a majority, allowing them to hold more than half the seats and making it easier to pass legislation