Law 101 - Module 1 - How Laws are created

What is the law and how does it impact everyday life?

Law is everywhere—like gravity or magnetism—and influences daily life in big and small ways. It governs actions such as driving on a certain side of the road, receiving mail, and life events like birth, employment, and marriage.

What are the 2 general types of laws and how do they evolve?

Some laws grant rights (e.g., voting, protection from discrimination), while others impose obligations (e.g., paying taxes, obeying laws, honoring contracts). Laws are not static; they evolve over time—like a “living tree”—especially through the Constitution.

What is public law and what are some examples?

Public law governs the relationship between individuals and society as a whole (Individual-state relations).
Examples include:

• Criminal law

• Constitutional law

• Administrative law

What is private law and what are some examples?

Private law governs relationships between individuals, including corporations. It’s also known as civil law.
Examples include:

• Contract law

• Tort law

Why do we need law in society?

Laws make society functional and predictable by ensuring the same conduct leads to the same result.
Examples:

• Business requires enforceable contracts.

• Criminal punishment needs consistency.
  Without law, obligations can't be enforced and fairness disappears.

Where does law come from (+2 general covered in this module)?

Law comes from multiple sources:

• Conventions

• Indigenous legal traditions

• International sources

• Two main sources covered in this module:

  • Legislation (e.g., Criminal Code)

  • Common law (judge-made law from court decisions)

What are the three branches of government and which one passes legislation?

The three branches of government are:

• Legislative Branch – Makes the laws (e.g., Parliament: House of Commons & Senate)

• Executive Branch – Carries out the laws (e.g., Prime Minister, Cabinet, Governor General)

• Judicial Branch – Interprets and enforces the laws (e.g., Courts, Supreme Court of Canada)

The legislative branch creates laws at both the federal and provincial levels. Citizens vote for representatives in a representative democracy.

How does legislation pass through government (bill to law)?

Lifecycle:
Bill → First Reading → Second Reading → Final Reading → Royal Assent

• Federal: Follows a bicameral system (two chambers = House of Commons and Senate)

• Once passed, it's called an Act

• Acts can create, amend, or repeal laws

• Royal Assent is a formality from the Governor General

How are municipalities involved in making laws?

Municipalities (cities, towns, districts):

• Hold elections

• Pass bylaws

• Act under delegated authority from provincial governments

• Not a true source of legislation—limited to their jurisdiction

What are regulations and how are they different from Acts?

• Regulations are faster to change than Acts

• Linked to Acts (called the enabling statute)

• Contain specific details, while Acts provide broad principles

• Example: Post-Secondary Learning Act (Act outlines governance; regulation sets tuition fee details)

What happens after legislation passes and becomes an Act?

Once legislation passes:

• It becomes an Act

• It can create, amend, or repeal laws

• Takes months or years to pass

• Sometimes supplemented by regulations for quicker updates

what does amend and repeal mean?

• Acts can change existing laws (“Amending”)

• Acts can remove existing laws (“Repeal”)

what is royal assent?

• King’s authorization

• Reflective of “Constitutional Monarchy”

• King’s representative: Governor General

• Practically, Royal Assent is a formality (Governor General does not necessarily refuse anything)

How is legislation interpreted when it’s unclear?

Driedger’s Modern Principle:
Read the words in context, using:

1. Plain meaning – everyday language, straightforward

2. Contextual approach – check for conflicts in the Act or other laws (Golden Rule)

3. Purposive approach – find the Act’s goal/ the legislation’s objective (Mischief Rule)
   Final interpretation may be decided by a judge.

What is common law and where does it come from?

Common law is judge-made law developed by the judicial branch.

• Originated in the English legal system

• Canada uses a common-law system, except for Quebec, which uses civil law

• Common law is built on precedent (also called jurisprudence)

What are the different meanings of “common law”?

• Judge-made law (precedent/jurisprudence)

• A legal system (contrast with civil or customary law)

• contrast with statutory law/legislation

• Used as an adjective (e.g., common-law jurisdiction) or noun ("the common law")

• Refers to legal rules established by prior judicial decisions

Who creates common law in Canada?

• Judges, who are appointed (not elected)

• Usually senior lawyers, recommended by Judicial Advisory Committees

• Appointed for life, retire at 75

• Their decisions set binding precedents for lower courts

How does the Canadian court system use precedent?

• A higher court’s decision is binding on lower courts

• A lower or equal court's decision is persuasive only

• The core rule in a decision is the ratio decidendi

• Non-essential commentary is called obiter dictum

• “adversarial system” - court hearing a dispute between 2 parties

How does common law develop over time?

• By applying old precedents to new situations

• Clarifies, adjusts, and expands existing rules

• Rarely, courts may create new rules when needed

• Ensures flexibility and adaptability in legal interpretation

How does common law (judicial decisions) interact with legislation?

• Legislation can override common law (parliamentary supremacy)

• Judiciary does not have a democratic mandate

• Courts may strike down legislation if it’s unconstitutional

• The Constitution is the supreme law of Canada

• Courts act through the judiciary to uphold constitutional rights

What is the Rule of Law and why is it important?

The Rule of Law means laws are not arbitrary and apply equally to everyone—no one is above the law.
It’s a foundational principle of Canada’s legal system.

It includes judicial independence, legal authority for government actions, reasoned court decisions, and the principle of legality (e.g., no retroactive laws).
Without it, history shows that chaos and injustice often follow.

similar concept: “law and order”: means a peaceful society where laws are followed and enforced to keep people safe. It involves the police, courts, and government working together to prevent crime, protect rights, and maintain justice.

How do checks and balances to guard against human tendencies work in the legal system?

• Legislation: goes through multiple stages (readings, committee stage) before becoming law

  • Bill -> first reading -> second reading -> committee stage -> final reading

• Common Law: decisions can be appealed through a hierarchy of courts
  These checks help limit human bias and ensure accountability.

Is something illegal always immoral or unethical?

No—“illegal” ≠ immoral

• In common use, “illegal” often implies criminal or immoral

• In law, something can be illegal (e.g., a vague contract) without being unethical
  Lawful behavior isn’t always moral, and unlawful behavior isn’t always immoral

How has law served as a vehicle for social change?

Law has helped drive major societal progress.
Example:

• 1929 Person’s Case – women legally recognized as “persons”
  Courts have provided a path to justice for minorities when other avenues were blocked.

What role do values and principles play in studying law?

Law is human-made and constantly evolving.
As you study law, reflect on your own values and principles.
Ask:

• What kind of legal changes do you want to see?

• How can law be used to create a better society?

reading - What are the general steps Parliament/a legislature goes through to create legislation? 

1. Government ministers or senior public servants examine the problem carefully and suggest ways in which, under federal jurisdiction, a law could deal with pollution.

2. They would draft the proposed law.

3. The law has to be approved by the cabinet, which is traditionally made up of members of Parliament chosen by the prime minister.

4. This version is then presented to Parliament as a bill to be studied and debated by members.

5. The bill becomes law if it is approved by a majority in both the House of Commons and the Senate. It also needs to be assented to by the Governor General in the name of the Queen. All laws need royal assent.

what are the steps for a bill to become a law?

1. Policy approval

2. Drafting

3. 1st Reading

4. 2nd Reading

5. Committee Stage

6. Report Stage

7. 3rd Reading

8. Other Chamber

9. Royal Assent

10. Coming into Force

who is involved in the bill process?

Cabinet, Dept. of Justice, House of Commons, Senate, Committees, Governor General, and the public (at committee hearings).

What is a regulation?

A detailed rule made under authority of an Act, usually by a Minister or the Governor in Council.

What are the steps to make a regulation?

1. Proposal development

2. Stakeholder consultation

3. Drafting

4. Approval for publication

5. Canada Gazette, Part I

6. Final revisions

7. Final approval & publication (Part II)

Who is involved in creating regulations?

Government departments, Department of Justice, Ministers, Treasury Board, Governor in Council, stakeholders, public, Canada Gazette.

governor general vs lieutenant governor

Q: Who is the Governor General?
A: The Monarch’s representative in Canada who gives Royal Assent to bills at the federal level.

Q: Who is the Lieutenant Governor?
A: The Monarch’s provincial representative who gives Royal Assent to provincial laws.