The Canadian Legal System

Flashcards for reviewing the Canadian Legal System lecture notes.

Canadian Legal System

The machinery that comprises and regulates government in Canada.

Legislative Branch

Creates law in the form of statutes and regulations.

Executive Branch

Formulates and implements government policy and law.

Judicial Branch

Adjudicates on disputes.

Government Policy

The central ideas or principles that guide government in its work, including the kinds of laws it passes.

Constitutional Law

The supreme law of Canada that constrains and controls how the branches of government exercise power.

Liberalism

A political philosophy that emphasizes individual freedom as its key organizing value.

Constitutional Conventions

Important rules that are not enforceable by a court of law but that practically determine how a given power is exercised by government.

Legislative Branch

The branch of government that creates statute law (e.g., The Criminal Code).

Jurisdiction

The power that a given level of government has to enact laws.

Exclusive Jurisdiction

Jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level.

Concurrent Jurisdiction

Jurisdiction that is shared between levels of government.

Paramountcy

A doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws.

Bill

Proposed legislation going through the process of becoming law.

Formal Executive

The branch of government responsible for the ceremonial features of government.

Political Executive

The branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering all departments of government.

Cabinet

A body composed of all ministers heading government departments, as well as the prime minister or premier; it passes regulations.

Judiciary

A collective reference to judges.

Judges

Those appointed by federal or provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings.

Equity

Rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate.

Domestic Law

Internal law of a given country.

International Law

Governs relations between states and other entities with international legal status.

Substantive Law

Law that defines rights, duties, and liabilities.

Procedural Law

The law governing the procedure to enforce rights, duties, and liabilities.

Public Law

Relate to or regulate the relationship between persons and government at all levels; constrains governmental power according to rules of fairness.

Private Law

Relate to or regulate the relationship between individuals.

Common Law

The body or collection of judge-made law as recorded in judgments.

Judgment

A formal ruling in the matter as well as reasons for that outcome.

Precedent

An earlier case used to resolve a current case because of its similarity.

Treaty Rights

Rights arising in relation to official agreements between the Crown and Indigenous Peoples.

Aboriginal Rights

Rights that exist when treaties have not been negotiated and include rights relating to the occupation of land as well as rights which arise “from a distinctive practice, custom or tradition that may or may not be connected” to land.

Crown

The state or government.

Administrative Law

Rules created by boards, agencies, commissions, tribunals, and individuals who exercise a government function.