Unit: 1 Canadian Law Quiz

Morals vs laws

Morals are what you personally believe is right or wrong(learned at home, school, etc..)

Law Are principles that dictate whats legally prohibited (debated by government officials)

Bill stages

Rules vs laws

Rules are specific guidelines to the people in a certain group or society,

Laws are Formal rules that apply to everyone,

Civil law

Law dealing with disputes between people

Private

What’s the Rule of law

The law applies to everyone and no one is above it

What’s the Magna Carta?

In 1215, people were fed up with their king abusing his power(making unfair decisions, demanding money from barrons so they asked him to sign a royal charter or else they would revolt against him. 

Think “even the ruler is not above the law”

Influences the law by helping establish the idea that the government needs to follow the law too

Roncarelli sued dupplessis(quebec premier)

The chief prosecutor contacted Duplessis to inform him that roncarelli was paying for people’s bails, and dupplessis had mr roncarelli’s liquor license revoked. He owned a restaurant where he could no longer sell alcohol and make a lot of income. Because he wasn’t making income, he couldn’t pay for other Jehovah's witness bail fines. 

Stare Decisis

Where judges use previous cases to help decide what will be an appropriate sentencing to a current different case. 

Ontario court of justice

Most criminal cases, less serious ones, family matters

Superior court of justice

More serious criminal cases, major civil cases, some familu

Criminal citation

R v. Smith

Civil citation

Wu v. Wong

Federal court

Cases involving laws or government decisions

Precedent

A precedent is a previous court decision that can be used as a guide for future similar cases. (case law, common law, precedent law)

Legislative Branch

Makes laws, passes laws, creates debates. This is parliament, House of commons, and senate

They make the laws

Judicial branch

Interprets laws, decides how they apply to cases, and explain what the rules mean

Executive Branch

Puts laws into action, carries them out, runs the government, Includes the Prime Minister, Cabinet, and government departments.

Due process

Due process means the government must follow fair legal procedures before taking away someone’s rights or punishing them.

Example: If you're accused of a crime, you should get a fair trial and a chance to defend yourself.

Habeas Corpus

• Within 24 hours as soon as your arrested, you have the right to go to court and be told what you are charged with

• The right to know what is happening to you

• Burden of proof: The government or jailer must prove to a judge that they have a legal right and valid reason to hold the person.

Judicial independence

• Judges are not the same people who create the laws

• If this was false, judges would be biased and have clouded lenses

• They make decisions based on the law and not political pressure

Procedural law

The rules for how a legal case is handled

It tells courts and the people involved what steps and procedures they have to follow during a legal case.

Purpose of law

• Promotes goals and values of society

• Legal means that Resolve disputes and arguments/conflict between people

• Protects individuals and property(self defense laws)

• To maintain order and regulate behaviour

• eg how evidence is presented, how witnesses are quetsioned

HOW the law is applied

Substantive law

the actual rules that define people’s rights, duties, and what is legally allowed or prohibited.

defines what is legal and illegal

WHAT the law is

Public Law + 3 types

Public law = laws that deal with the relationship between the government and people, how the government interacts with individuals

Constitutional law - deals with government and constitution

Criminal law

Administrative law

Constitutional law - public law

Laws about how the government is structured and what powers it has, its also the laws and court decision about the constitution(Highest set of rules)

Constitutional Law sets out how the country will be governed and the structure and responsibilities of each level of government. 

Constitutional law is the supreme law of the land and overrides all laws. If such law is in violation of the constitution, it may be struck down as "unconstitutional".

Administrative law - public law

Administrative law is the part of public law that sets the rules for how government agencies and public organizations operate, make rules, and make decisions.

Criminal law

Criminal law = laws about crimes and actions that are considered offences against society.

Private law - laws that deal with disputes between people or organizations + 6 types

Contract law

Tort law

Family law

property law

employment law

business/commercial law

Contract law - private law

Deals with agreements between people or businesses. It determines what happens when someone doesn't follow an agreement.

Tort law - private law

Tort law deals with situations where one person wrongfully causes harm to another person.

Tort law = when someone causes harm to you, what are they legally responsible for?

Property law - private law

Deals with owning, using, buying, or selling property.

Employment law - private law

Deals with the relationship between employers and employees, including workplace rights and responsibilities.

business/commercial law - private law

Deals with legal issues involving businesses, such as business transactions, sales, and relationships between companies.

Family law - private law

Deals with legal issues involving families, such as divorce, child custody, and child support.

What are the 3 LEVELS of government and what do they mean

Federal government - Deals with the whole country of Canada eg immigration, criminal law - the prime minister runs

Provincial/territorial - It handles things that mainly affect people within that province or territory, such as: education, highways, drivers liscence

Municipal - local city/community, parks, snow removal, garbage

Primary sources

The actual law itself,

• Statue law - laws written and passed by government

• Case law - Laws that come from judges court decisions

• Constitution - Canada’s fundamental law

Secondary sources

Things that explain or discuss the law

• Textbooks

• Legal articles

WHy can laws change

• Changes are made by the government, democratically, or by the courts, or public protest

• Demographic changes(Birth/death rates, population, immigration)

• Changes in Value(Behaviours that were tolerated in the past are no longer, drunk diving, smoking indoors)

• National and international events(Covid, human rights issues, gun control, responding to activities within or outside canada requires laws

Collective action

Unified effort of a group of people to achieve a common goal that would be difficult for individuals to achieve alone(eg. Anime club)

• Voting,

• Petitions

• Boycotts

• gofundme(Crowdfunding)

Lobby groups

• A group of people trying to influence legislators on their behalf of their particular case or interest(eg. Showing up at a town meeting as a group and expressing the need for more spaces for young adults(implementing volleyball courts)

Political demonstration

• Protesting - Individuals expressing their opinions through political rallies where a large number of people gather to speak

Civil disobedience

• A peaceful protest(purposely breaking the law) Being prepared to accept legal consequences(eg. Rosa Parks not giving up her seat) eg lemonade machine

Bill

Draft proposal for a law that has not been made yet and needs to go through the stages

Stages that go from a bill to a law

1. Starts off with an idea for a law, and this idea is drafted into a bill ( in both english and french) to be presented to the parliament

2. First Reading is when the bill is introduced to the house of commons and the draft is read in its entirety by either a Cabinet minister or a private member. A vote is taken, and if the bill passes more than half people voting, it moves on to the next step

3. The bill is read once more at the house of commons, then it is debated and examined line by line, questions get asked - This stage can take weeks. 

4. A second vote is taken, and moves on.

5. Committee stage of MPs is formed, the bill is reviewed in detail with experts and any changes or amendments are made

6. Third reading is where the bill is read in the house of commons/legislature to ensure that the changes discussed at the second reading have been made and a third vote is taken. Once federal bill has been read three times, it is sent to the house or senate

7. ( FEDERAL ONLY) The senate goes through the same three readings, a committee stage and three votes.

8. The Governor General signs the federal bill to make it a law, this stage is called royal assent.

9. The Lieutenant Governor signs the provincial Bill to make it a law - Royal Assent 

Natural law

laws/principles based on basic human rights and morality.

The idea is that some rights exist naturally, even if the government hasn't written them into a law.

Positive law

laws that are officially created and recognized by governments.

These are the laws that are written, passed, and enforced by legal authorities.

John LOCKE

Locke believed people have natural rights such as life, liberty, and property. He also believed that governments create positive laws to protect people's rights and maintain order.

He developed the idea that government gets its authority from the consent of the people and that government power should be limited. If a government seriously violates people's natural rights, people can challenge its authority.

His ideas influenced modern constitutional government, individual rights, and limited government, ideas that are important in Canadian and international human-rights law.

Hansa Mehta

Mehta argued strongly for equality between men and women and that human rights should apply to all human beings, not just men.

She played an important role in shaping the language of the Universal Declaration of Human Rights, particularly the move toward wording that emphasized “all human beings” rather than language that could be interpreted as referring primarily to men.

Her work contributed to the development of international human-rights law and the principle that rights should apply equally to everyone.

Division of power

deciding which level of government has the ability to make laws about what(WHO) gets to make the law

Parliamentary Supremacy

Parliament has the main authority to make and change laws

Intra vs ultra vires

Intra - within your powers, acting within authority given

Ultra - beyond powers, government body does something they do not have legal auhtority to do