LWSO 203 MIDTERM 1 2024, lwso203 topics 1-7 combined uofc 2024

Constitution

Forms a country's supreme laws, legal system, and political society

Sovereignty

Supreme authority within a territory

Supreme Court

Canada's final court of appeal

R. v. Genereux

Supreme Court case on the right to an impartial tribunal

Saskatchewan v. Whatcott

Case on hate speech laws under the Canadian Charter of Rights and Freedoms

Supreme Court Justices

Total of 9 members in the Supreme Court of Canada

Legal Realism

Theory of law focusing on political, social, and economic factors

Merlo v. Canada

Federal Court case on racial and sexual discrimination in the RCMP

Judicial Appointments

Superior court justices appointed by provincial governments

Law and Politics

Reciprocal shaping of legal and political systems

Supreme Court Panels

Hears cases in panels of 3, 5, 7, or 9 justices

Carter v. Canada

Case on physician-assisted death in Canada

Amending Formula

Requires support from specific legislative bodies and provinces

Judicial Precedent

Established practice of following previous court decisions

Sections 3, 5 and 6 of the Canadian Charter of Rights and Freedoms set out ...

Outlines basic, equality, legal, and fundamental freedoms of Canadians(the basic rights of Canadians)

Criminal Division of the provincial and territorial courts

Where the majority of criminal offences are heard in Canada

Justicia

Latin term translating to 'to give each person their due'

Natural Law in Canada

Evident in the Canadian Charter of Rights and Freedoms

British Parliamentary Supremacy

Roots of Positivism in Canadian law

Constitutional False Statement

A statement regarding constitutions that is false

Constitutional Amendment Process

Most constitutions are often amended through a majority vote in the legislature

Executive Power Limitation

Constitutions tend to restrict the exercise of executive authority

R. v. Drybones Case

Supreme Court case on a section of the Indian Act conflicting with the Canadian Bill of Rights

Judicial Review Introduction

Judicial review in Canada followed the introduction of the Canadian Charter of Rights and Freedoms

Indigenous Law in Canada

Limited space for Indigenous law in Canada, transformed into Canadian legal form

Constitution of Canada

Quebec did not officially approve the Constitution Act, 1982; includes the Canadian Charter of Rights and Freedoms

Summary Conviction Offences

Handled by the criminal division of lower provincial and territorial courts

Section 41 of Constitution Act, 1982

Requires unanimity of federal and provincial governments for specific constitutional amendments

Jurisdiction Establishment

Sections 91 and 92 of the British North American Act, 1867 establish federal and provincial government jurisdictions

R. v. Morgentaler Case

Focused on safe access to abortion by the Supreme Court of Canada

Canadian Legal Information Institute (CANLII)

Provides open access to judicial decisions and legislation in Canada

Vertical Diffusion of Power

In Canada, refers to federalism within the constitution

Quebec Law

Applies civil law system codified in the Civil Code of Quebec

Appeal Division of the Federal Court

Hears appeals from federal administrative boards and tribunals

Court Functions

Enforcing the constitution and dispensing justice are functions of Canadian courts

Custom as a Source of Law

Applied minimally in Canada, but not in specific cases like the Supreme Court's decision on provincial consent

Human Rights Tribunal

An example of a federal administrative tribunal in Canada

Federalism Definition

Political system with multiple autonomous levels of government and specified jurisdiction

Notwithstanding Clause

Section of the Canadian Charter allowing provincial laws to override Charter rights temporarily

Magna Carta

First law limiting English monarchy authority during feudalism

Private Law Example

Contract law, family law, and tort law are examples

Institution

Systems guiding human behavior

Politics

Processes of power relations

Society

Interconnected individuals in an ordered web

Law

Rules governing society, balancing individual and collective interests

Power

Influence over others, instrumental and ideological

Rule of Law

Ensures legal fairness and equality before the law

Justice

Reflects legal fairness, equality, distributive and restorative justice

Natural Law

Universal, absolute law, emanating from God or separate from the divine

Positivism

Views law 'as is' rather than 'as it should be', with validity from the state

Marxism

Views law as an institution of capitalism, informed by historical materialism

Critical Legal Theory

Critical of law's rationales, purposes, and assumptions, considering political, social, and economic context

Feminist Theory of Law

Understands law from a gendered perspective, problematizing the gendered nature of law and legal study

Carter v. Canada (Attorney General)

Legal case involving the right to physician-assisted dying

The Cannabis Act

Legislation legalizing recreational use of cannabis in Canada

Theoretical Perspectives on Law

Different viewpoints on the nature, purpose, and interpretation of law

Hammurabi

Ancient Babylonian king known for his code of laws, one of the earliest recorded legal systems

Confucius

Chinese philosopher whose teachings influenced East Asian legal systems and emphasized moral and ethical conduct

Mohammad

Prophet of Islam, whose teachings influenced Islamic law and governance

Feudal Law

Legal system based on the granting of land in return for services, prevalent in medieval Europe

Royal Proclamation of 1763

Transferred French territory to the British in Canada, shaping the legal and territorial framework of the country

Quebec Act

Legislation that guaranteed the freedom to practice Catholicism in Canada, impacting religious and legal freedoms

Constitution Act of 1791

Divided Canada into Upper and Lower Canada, laying the foundation for the country's legal and political structure

Act of Union, 1840

Created the united Province of Canada, shaping the legal and political landscape of the nation

British North American Act, 1867

The legal basis of Canada, now known as the Constitution Act, 1867, establishing the framework for Canadian law and governance.
Created the 'Dominion of Canada'

Statute of Westminster, 1931

Granted Canada legislative independence from the UK, a significant step in Canada's legal autonomy

Constitution Act, 1982

Patriated the Constitution and included the Charter of Rights and Freedoms, a pivotal moment in Canadian legal history

Public Law

Legal area concerning the public interest, including constitutional and criminal law, governing the relationship between individuals and the state

Private Law

Legal area concerning disputes between individuals, including tort and family law, governing private relationships and interactions

Substantive Law

Governs society, including criminal law, defining rights and obligations of individuals and the state

Procedural Law

Governs legal system rules and procedures, including sentencing, ensuring fair and just legal processes

Legislature

Creates and changes law, the branch of government responsible for enacting laws

Executive

Executes laws and policies, the branch of government responsible for implementing and enforcing laws

Judiciary

Implements law and dispenses justice, the branch of government responsible for interpreting and applying laws

Statute Law

Law created by a legislature, including acts and regulations passed by the government

Case Law

Law established by judicial decisions and precedents, setting legal standards through court rulings

Custom

Source of law derived from customary practice, reflecting long-standing traditions and practices

Books of Authority

Authoritative texts on legal principles by scholars, providing guidance and interpretation of legal concepts

Indian Act of 1876

Legislation that governs many aspects of Indigenous life in Canada, impacting Indigenous rights and governance

First Nations Land Management Act

Legislation that allows First Nations to control and manage their reserve lands, empowering Indigenous communities in land management

Canadian Constitution

The fundamental laws and principles that govern Canada, including the Constitution Act, 1982, which includes judicial review, amending formulas, and the Canadian Charter of Rights and Freedoms

Constitutional Design

The specific features and characteristics of a constitution, such as length, codification, and amendment processes

Diffusion of Powers

The distribution of authority within a state, including the division of powers and systems of checks and balances

Separation of Powers

The division of government powers between executive, legislative, and judicial branches

Federalism

A political system with multiple autonomous levels of government, each with specified jurisdiction

Unitarism

A political system with no subnational governments possessing delegated authority, in contrast to federalism

Canadian Federalism

Established Canada as a federal state with outlined federal and provincial powers and jurisdiction

Canadian Bill of Rights, 1960

A federal statute outlining the rights of Canadians

Canadian Charter of Rights and Freedoms

A constitutional document setting out the rights and freedoms of Canadians, including fundamental freedoms, legal rights, and equality rights

Section 1 (Canadian Charter)

The 'limitations' clause with a 2-part test for restrictions on rights

Section 24 (Canadian Charter)

Empowers courts to exclude certain evidence

Section 33 (Canadian Charter)

Contains the Notwithstanding clause, with limits on its application

Quebec's Rejection of the Constitution Act, 1982

Quebec's non-approval of the Constitution Act, leading to the Meech Lake Accord and Charlottetown Accord

Constitutional Diffusion of Powers

The spread of constitutional authority among different branches or levels of government

Dispute Resolution

The process of resolving conflicts or disputes between parties

Dispensing Justice

Administering fair treatment and judgment in legal matters

Enforcing Contracts

Ensuring the fulfillment of legal agreements between parties

Social Control

Regulating behavior and maintaining order within society

Administrative Boards & Tribunals

Entities outside the court system, created by legislation, responsible for adjudication and rule-making

Military Courts

Courts dealing with violations of the Code of Service Discipline within the military