Canadian legal system and intro to healthcare law

what is law?

the body of rules that regulates the conduct of members of society and is recognized and enforced by the government

at its most basic, law is about…

relationships. it defines them, governs them, settles disputes within them, and balances them

are rules laws?

no! many rules are not laws

laws tell us about our…

rights privileges, and obligations within our society. as well as structure of our government

laws cannot…

violate the charter of rights and freedoms

three branches of individual

government, society, and individual

2 branches of govenment

constitutional law and administrative law

2 branches of constitutional law

constitution act, charter of rights and freedoms

sources of law

statute law, common law, administrative law, doctrine, custom

statute law

those passed by the government branch with the appropriate authority. includes statutes and their regulations

examples of statute laws

health professions act, criminal code of canada

statute law general principle

statutes cannot violate the charter of rights and freedoms

how is statute law applied and interpreted?

through common law

common law (case law)

law made by judges as they decide disputes. interprets ad applies legislation/statutes

common law creates…

precedents which must be followed by lower-level courts in the future in similar situations

with common law judges…

look at relevant legislation/statutes, then at any previous decisions that have been made.

if no previous decisions have been made…

they interpret legislation as they believe it was intended

judge-made law

develops in the courts based on precedent or stare decisis. Follows precedent if decision made by higher court, in the same jurisdiction, based on similar facts.

stare decisis

to abide by the decision

administrative law

decisions made by administrative tribunals and administrative boards

examples of administrative tribunals and boards

workers compensation board, BCCNM discipline committee, mental health review board

doctrine

includes articles, textbooks, other materials written by legal scholars and academics

doctrine authors comment on…

statute and case law and discuss the legal principles at play and implications

weight given to doctrine is determined by…

judges and is dependent on the stature of the author

custom

principles and rules of a particular trade. least authoritative source of late

when is custom used?

judges look to it as a last resort (although lawyers often invoke it during witness testimony to either give someone credibility or make them look as if misinformed about expectations in their industry)

how does legislation differ from case law?

• condensed and to the point

• intended to be applied broadly and not just to a single case

• made within the last century to solve either new or newly identified problems

• can be changed

• more accessible than case law

what is the primary source of law?

legislation

3 basic parts of canadian federal government

king, senate, and house of commons

basic government structure set by

constitution act, 1867

the king

head of state, currently king charles 3

king delegate duties to…

governor-general, lieutenant-governors, and commissioners

senators represent

provincial interests in parliament but the provinces have no say in who they are

how many members of senate?

105

senate chosen by…

prime minister and appointed by governor general

role of the senate

to review legislation

senate appointment viewed as…

a reward to those who have either made some type of contribution to canada or who have te same political affiliation as the PM

other name for senate

chamber of sober second thought

how many members in house of commons?

308

house of commons

based on a party system, each member is elected from one of the electoral districts

which party form government?

party that wins the majority of seats in the house of commons with leader becoming PM

prime minister selects…

a cabinet from other members of parliament

cabinet forms…

executive branch of the government

cabinet members form…

prime ministers advisers and consultants to determine government’s agenda and address problems that arise

provincial government structure

set out in constitution but lacks a senate

provincial legislatures called…

legislative assemblies

lieutenant governor chosen by…

governor general on paper but really the prime minister

how many legal jurisdictions in canada

14

federal legislation refers to…

statutes as well as subordinate legislation (regulations, orders, rules)

are statutes broad?

yes they are broad in scope and vague in general. can have lots of regulations attached or none

federal statute step 1

preparation of a bill

federal statute step 2

approval of the bill by the house of commons

federal statute step 3

approval of the bill by the senate

federal statute step 4

assent by the governor general

federal statute step 5

proclamation

legislative process begins with…

an idea, which is then drafted into a bill. bill may propose a new law or amend an existing law

first reading

bill is formally introduced into house of commons or senate. this is a formality as the bill is read, there is no debate.

second reading

important stage. the best place to figure out the intent of the proposed legislation.

during second reading bill is…

debated in principle and is referred to committee for a clause-by-clause examination where the bill is carefully reviewed

during second reading committee will…

hear from witnesses, lobbyists, interest groups. gathers evidence and submissions to consider

third reading

bill is formally read and voted on for the last time. once passed by house of commons it goes through the process with the senate

when both houses of parliament pass the bill…

it is then approved by the governor general on behalf of the king and given royal assent

provincial statutes

identical to federal process except no second chamber. only goes through 3 readings in legislative assembly

regulations

provide the detailed rules needed to implement the borad social policy intent of statutes

regulations are approved by…

cabinet then given to lieutenant governor or governor general for signing

once a regulation is signed by GG or LG it is…

law! no voting is needed to pass regulations

advantages of regulations over statutes…

• faster to create

• can be amended quickly

• much more flexible

• can easily be adapted to changing social problems

• allows for details that explain how policy will be implemented

problems with regulations…

• no independent scrutiny before created

  • may not be as well thought out

  • falls to citizens to challenge meaning and validity

• way to many regulations

criminal law

protection of society through punishing offenders and restricting their activities

criminal law concerned with…

crimes so serious they threaten society itself

criminal law crime against…

the state

civil law

protection of society through compensation for injuries caused to a victim. any kind of law other than criminal

tort law

injured party sues wrongdoer for compensation for their wrongful conduct

tort law divided

unintentional torts and intentional torts

negligence

involves inadvertent or careless conduct causing injury or loss to another

3 components of negligence

duty of care, fell below standard of care, resulting in injury or loss

summary of canadian healthcare

Canada has a decentralized, universal, publicly funded health system called Canadian Medicare

how does canadian healthcare work?

federal government give block funding to provinces and territories for healthcare

block fund

sum of money provided from one level of government to another for a specific purpose

where does money for healthcare come from?

money for publicly-funded healthcare comes from taxation and other revenue

when was the canada health act passed?

in 1984 by the federal government

canada health act established…

5 principles upon which a healthcare system must be based in order for provincial and territorial governments to receive full federal transfers of money

universality

each health insurance plan must insure residents for all medically necessary hospital and physician care

comprehensiveness

medically necessary hospital and doctor services must be covered by the public healthcare insurance plan

accessibility

residents must have reasonable access to insured services without being charged or paying user fees

portability

each plan must cover all insured persons when they move to another province or territory within canada and when they travel abroad

public administration

each plan must e administered and operated on a non-profit basis by a public authority which is publicly accountable for its spending

charter of rights and freedoms

guarantees individual rights and freedoms. part of the constitution act

fundamental freedoms

everyone has certain fundamental freedoms. protects patients rights to be treated in accordance with their religion

examples of fundamental freedoms

freedom of conscience and religion. freedom of thought, belief, opinion, and expression