Canadian and International Law

Change

Occurs when societal values shift, new technologies emerge, or justice demands adaptation.

Necessary Conditions for Change

Public awareness, political will, and effective legal frameworks are essential for implementing change.

Rule of Law

A principle that ensures all individuals and institutions are accountable under the law.

Supremacy of the Law

The concept that everyone is subject to the law, regardless of status.

Equality Before the Law

The principle that all individuals are treated equally in the legal system.

Fairness in the Law

Laws must be clear, public, and enforced fairly.

Democratic Government

A system where power is decentralized, laws are created through public participation, and rights are protected.

Authoritarian Government

A system where power is concentrated, laws suppress dissent, and civil rights are limited.

Independent Judicial System

Courts operate without political interference, ensuring impartiality and upholding the rule of law.

Individual Action

Legal change can be driven by individuals challenging existing laws in court.

Collective Action

Lobby groups and Royal Commissions provide platforms for public opinion and expert consultation on legal reform.

Lobby Groups

Organized groups that influence government policy on specific issues.

Royal Commission

A government-appointed inquiry into complex issues, leading to recommendations for policy/legal reforms.

R v Marshall

A landmark case affirming Indigenous fishing rights in Canada.

Sue Rodriguez

Challenged Canada's assisted suicide laws, sparking public debate and eventual legal changes.

Morgentaler

Challenged abortion restrictions, leading to the decriminalization of abortion in Canada.

Lavallee

Expanded the legal understanding of self-defense for battered women.

Jurisprudence

The philosophy or science of law.

Primary Sources of Law

Influential sources that shape ideas and values about law, including religion and customs.

Secondary Sources of Law

Codified laws and cases that respond to cultural, religious, and philosophical values.

Constitution

The highest legal authority in a nation.

Statutes

Laws enacted by elected representatives at federal or provincial levels.

Regulations

Legal documents made under the authority of a statute.

Court Decisions

Judge-made law that follows an internal hierarchy.

Greek Influence

Introduced democracy and civic participation in lawmaking.

Roman Influence

Contributed to legal development through codification of laws.

English Influence

Established the common law system and jury participation in legal processes.

French Influence

The Napoleonic Code influenced civil law systems, particularly in Quebec.

Trial by Ordeal

A medieval method to determine guilt based on divine intervention.

Trial by Combat

Allowed disputes to be settled through physical fights.

Oath Helping

Involved swearing an oath of innocence supported by credible individuals.

Stare Decisis

The doctrine requiring courts to follow precedents established by higher courts.

King Henry II’s System of Assizes

Created traveling justices, forming the foundation of English common law.

Magna Carta (1215)

Established that the monarch is subject to the law, a cornerstone of constitutional law.

Customs and Conventions

Non-codified traditions that influence legal systems, especially in common law jurisdictions.

Social and Political Philosophy

Philosophical ideas about justice and governance shape legal development.

Hierarchy of Law

The order of legal authority, including constitutional, statute, and case/common law.

Bill to Law Process

Steps include introduction, committee review, debates, amendments, approval, and royal assent.

Precedent

Past legal decisions that guide future cases with similar facts.

Ratio Decidendi

The legal reasoning that forms the basis of a court's decision.

Obiter Dicta

Additional comments made by a judge that are not legally binding.

Substantive Law

Identifies rights and duties of individuals or governments.

Procedural Law

Outlines methods for enforcing substantive laws.

Domestic Law

Applies within a nation and is enforced by domestic courts.

International Law

Agreements between nations, often difficult to enforce.

Public Law

Deals with crimes affecting the community, including constitutional, criminal, and administrative law.

Private Law

Concerns issues between individuals, including contract, property, tort, family, and corporate law.

Socrates

Emphasized morality as part of natural law.

Plato

Advocated for harmony between individual and society in law.

Aristotle

Believed laws ensure good behavior and reason helps develop potential.

St Thomas Aquinas

Natural law is derived from God, and laws must be known to all.

Thomas Hobbes

Argued for strong leadership to maintain order.

John Austin

Advocated for the protection of natural rights by