Criminal Law in Canadian Context chapter 1

A set of vocabulary flashcards covering essential terms and concepts from the Criminal Law in the Canadian Context lecture.

Legal Pluralism

A coexistence of multiple legal traditions and arrangements within a legal system.

Constitution Act, 1867

Establishes the relationship between the various orders of government in Canada.

Constitution Act, 1982

Introduces the principle that the Constitution is the 'Supreme Law of Canada'.

Stare Decisis

A legal principle which dictates that courts should follow precedents set by previous decisions.

Public Law

Law that governs the relationship between individuals and the government, including criminal law.

Private Law

Law that regulates relationships between individuals, such as contract, property, and tort law.

Public Wrong

An act that is considered a crime, harming society as a whole.

Private Wrong

A breach of private law that causes harm or damage to an individual.

Charter Rights

Rights guaranteed under the Canadian Charter of Rights and Freedoms, subject to reasonable limits.

Indigenous Law

Legal traditions and practices that are distinct and based on indigenous peoples' customs and perspectives.

French Civil Law

A legal system characterized by a structured, top-down approach and deductive reasoning.

English Common Law

A legal system characterized by organic development, bottom-up processes, and inductive reasoning.

Parliamentary Supremacy

The principle that Parliament has the ultimate legal authority, subject to constitutional limits.

Section 1 Charter

Allows for reasonable limits on Charter rights and freedoms as prescribed by law.

Section 33 Charter

The 'notwithstanding clause' that allows Parliament or legislatures to pass laws that may violate certain Charter rights.

Statutes

Laws enacted by a legislative body, published by the government in sessional volumes.

Case Law

Law established by the outcome of former court cases, typically referring to judicial decisions that set precedents.