Canadian Law 101-Modules 1 to 7

What is law considered in society?

A force that affects both big and small aspects of life. Some grant rights and privileges; other set out obligations

What are the two main categories of law?

Public Law and Private (Civil) Law.

What does Public Law govern?

The relationship between individuals and society, including criminal, constitutional, and administrative law.

What does Private (Civil) Law govern?

The relationships individuals have with each other, including corporations, contract law, and tort law.

Why do we need laws in society?

To ensure society is functional and predictable, leading to consistent outcomes for the same conduct.

Three Branches of Government

Executive, Legislative, Judicial

What is the legislative branch responsible for?

Passing legislation.

Delegated Authority in Canada

Municipality are not true source of legislation, as they act on authority of provincial government

What is the life cycle of legislation?

Bill - First Reading - Second Reading - Committee Stage - Final Reading. Federal legislation goes through this cycle twice as it is Bicameral.

What is required for a bill to become an Act?

It must pass final reading and receive Royal Assent from the Governor General.

What can an Act do?

Create new laws, change existing laws, or remove existing laws

What are regulations in the context of legislation?

Specific details attached to Acts that can be changed more quickly than the Acts themselves, and contain more specific details.

What is Driedger's Modern Principle of Statutory Interpretation?

A method to interpret unclear legislation using three approaches: plain meaning, contextual(does interpretation conflict with other sections or acts), and purposive(mischief sought to be prevented).

Common Law

Type of Law that comes from judicial branch and judges. Canada is mostly common law, except for Quebec which is civil system/code.

Are judges elected or appointed?

Appointed;permanent till judge is 75

What is the difference between Binding Precedent and Persuasive Precedent?

Binding Precedent must be followed by lower courts, while Persuasive Precedent is not mandatory.

What is Ratio Decidendi?

The part of a court's decision that is binding and establishes a legal principle.

What is Obiter Dictum?

Parts of a court decision that are not binding.

What is the principle of Parliamentary Supremacy?

Legislation can overrule common law since the judiciary does not have a democratic mandate.

What does the Rule of Law signify?

That rules are not arbitrary and nobody is above the law. Tenet of system. Can also refer to separation of powers.

How does common law differ from civil law?

Common law is based on precedent, while civil law is based on a comprehensive statement of rules.

Does lawful equal moral?

Not always. Illegal things can mean criminality, but can also cover more such an ambiguous contract without clear definition.

What is the process for creating a law(federally)?

Proposed law is drafted, approved by cabinet, presented as a bill, debated, and must be approved by both chambers before receiving Royal Assent.

What is the Canada Gazette?

The official newspaper of the Government of Canada that publishes formal public notices and proposed regulations.

What is the role of judges in the common law system?

To interpret laws and apply precedents to resolve disputes.

What is the significance of judicial independence?

It ensures that judges can make decisions free from external pressures, particularly from the executive branch.

What are the types of Public Law?

Constitutional Law, Criminal Law, Administrative Law, and Taxation Law.

What are the types of Private Law?

Contracts, torts, law of property, and family law.

What is the role of the Judicial Advisory Committee in Canada?

To recommend senior lawyers for judicial appointments.

What happens during the Committee Stage of legislation?

The bill is studied in depth, including public hearings, and potential changes can be made.

Regulation Creation steps

-Relevant organisations conduct analysis

-Stakeholder engagement

-Further refinement

-Draft regulations developed by department of justice

-Minster/treasury boards reviews and approves with or without changes

-Approved regulations published in Canada Gazette

What is the purpose of stakeholder engagement in regulation creation?

To seek views on possible policy approaches before finalizing regulatory proposals.

What is the final step in the regulation creation process?

The final regulations are approved and published in the Canada Gazette.

What is the primary purpose of the Canadian Constitution?

To provide a comprehensive legal framework that governs how Canada operates and defines the power structures within the government.

What is meant by 'Constitutional Supremacy'?

It refers to the principle that the Constitution is the supreme law of Canada, and no law can override its provisions.

What does the Constitution Act, 1982 entail?

It includes provisions for constitutional amendments, enshrined rights through the Canadian Charter of Rights and Freedoms (CCRF), and recognizes Aboriginal and treaty rights.

What are some unwritten constitutional principles in Canada?

They include democracy, federalism, and the rule of law, which help interpret the Constitution and guide governance.

What is 'Federal Paramountcy'?

It is the principle that when federal and provincial laws conflict, federal law prevails.

What role does the Supreme Court play in relation to the Constitution?

The Supreme Court acts as the guardian of the Constitution, ensuring laws comply with constitutional principles and offering judicial remedies.

Why is the Constitution described as a 'living tree'?

Because it can evolve and adapt through constitutional amendments and judicial interpretations, allowing for growth within natural limits.

What was the significance of the British North America Act of 1867?

It established Canada as a dominion with its own parliamentary system while still under British governance, outlining federal and provincial powers.

How does Canadian federalism manage jurisdiction?

It divides powers between federal and provincial governments, allowing courts to interpret the extent of their respective jurisdictions.

What is the purpose of the Canadian Charter of Rights and Freedoms (CCRF)?

To guarantee fundamental rights and freedoms to all Canadians, such as democratic rights, legal rights, equality rights, and language rights.

What are the implications of the 'notwithstanding clause'?

It allows governments to pass laws that may violate certain rights guaranteed under the CCRF, but it must be explicitly stated in the legislation.

What are 'constitutional remedies'?

Judicial powers to enforce constitutional compliance, including striking down laws, reading in or reading down provisions, and issuing constitutional declarations.

What is the relationship between the constitution and Canadian federalism?

The constitution guides the structure of government, delineating the powers of federal and provincial governments while promoting unity and diversity.

Why can Quebec not unilaterally secede from Canada?

Due to constitutional principles such as federalism and the rule of law, which require negotiations and mutual consent from other provinces and the federal government.

What is the significance of the role of the governor general in the context of the Constitution?

The governor general represents the monarch in Canada, performing ceremonial duties, and exercising certain powers such as summoning Parliament.

How does the Constitution reflect the national identity of Canada?

The Constitution embodies the ideals and aspirations of Canadian society, serving as a legal mirror of the values and principles held by its citizens.

What are overlapping jurisdictions in Canadian law?

They occur when federal and provincial laws are valid simultaneously, which can lead to conflicts or inefficiencies in law enforcement.