Influences and Sources of Canadian Law

Vocabulary flashcards covering primary and secondary sources of law, historical and cultural influences, distribution of powers, statute law, and case law precedents.

Primary Sources of Law

The foundations upon which the legal system is based, representing the historical, religious, and moral origins of current laws.

Secondary Sources of Law

Written laws and cases that reflect values, principles, and attitudes derived from primary sources of law.

Historical - Greek Influences

Contributions to law including democratic ideals, citizen participation expectations (native-born Athenian men over 18 years old), and large juries composed of hundreds of people to prevent bribery.

Historical - Roman Influences

Contributions to law including appointed advocates (such as lawyers) to simplify law for the public, organizing laws into codes/sections, and the presumption of innocent until proven guilty.

Historical - Indigenous Influences

Contributions to law including the Great Binding Law, oral transmission of laws through legends/stories, and a focus on democracy, separation of power, and giving a fair voice to both men and women.

Magna Carta

An English charter serving as a primary source of law that established freedom from unlawful detention, equal justice for all regardless of status, and early recognition of women's rights.

Religious Influences on Law

Primary sources viewing God as the original source of law, embedding Judeo-Christian influences into justice systems and the Charter (e.g., Lord's Day Act closing stores on Sunday, CCRF Freedom of Religion, and s. 231 of the Criminal Code).

Moral Influences on Law

Primary sources where laws reflect society's moral values and adapt over time as those societal values change (e.g., smoking laws, R. v Jacob).

Customs

Established patterns of behavior that are commonplace and expected in legal contexts, such as standing up when a judge enters/leaves the courtroom or appointing the Governor General.

Constitution Act (1867)

A secondary source of law outlining legal principles (democracy, rule of law) and defining the distribution of government powers between federal and provincial jurisdictions.

Federal Powers

Government powers assigned under the Constitution Act (1867) that include money, foreign affairs, the military, and the postal service.

Provincial Powers

Government powers assigned under the Constitution Act (1867) that include healthcare, education, and main highways (e.g., Highway 401).

Municipal Powers

Local unwritten responsibilities of municipal governments, including parks and recreation, road work, garbage pickup, and snow removal.

Statute Law

Any formal law passed by the federal or provincial government, debated and revised in the House of Commons/legislature and sent to the Senate to become law.

Case Law

Secondary sources consisting of judges' written explanations of their rulings, which set precedents to guide future legal decisions.

Precedent

A written legal decision established in past case law that serves as an authority or standard for judges deciding future similar cases.