LAW UNIT 1

What is law, morality, and justice?

What is law, morality, and justice?

• Law is a system of rules created and enforced by governmental institutions to regulate behavior, ensuring order and protecting rights.

• Morality refers to personal or societal standards about what is right and wrong, often influenced by cultural, religious, or philosophical beliefs.

• Justice is the principle of fairness, where people receive fair treatment and appropriate consequences under the law.

What is the rule of law?

• The rule of law is the concept that all individuals, institutions, and the government itself are subject to and accountable to the law, ensuring fairness, accountability, and protection from arbitrary power. It means that laws are applied equally, consistently, and transparently.

What is the history of law and how did we arrive at our current legal system in Canada?

Indigenous Legal Traditions: Before Europeans arrived, Indigenous peoples had their own legal systems based on oral traditions and community agreements. These laws focused on relationships and the land.

French and English Influences When European settlers came, they brought two main legal systems:

• French Law: In New France (now Quebec), French civil law was used, influenced by the Napoleonic Code.

• English Law: After the British took over, English common law became dominant, especially in other provinces. This system is based on case law and judicial decisions.

What are the three sources of law in Canada?

The three main sources of law in Canada are

1. The Constitution: The highest law in Canada, setting out government powers and individual rights.

2. Statute Law: Laws made by elected governments (federal, provincial, and territorial) through legislation.

3. Common Law: Laws developed through court decisions and judicial precedents.

What is Constitutional law?

• The branch of law deals with the rules and principles set out in a country’s constitution. It defines government powers, protects individual rights, and ensures laws follow the Constitution.

Laws

a system of rules which a country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties

Rule of Law

1. Individuals must recognize and accept that the law is necessary for regulation

2. The law applies equally to everyone, regardless of status or power

3. No one has the authority to take away our rights except in accordance with the law

Vendetta

"an eye for an eye makes the whole world blind, "when places did not have laws, they spiraled into violence

Morality

Principles or values that help distinguish right from wrong behavior.

Justice

Fair treatment and due reward or punishment under the law.

Codification

The process of organizing and recording laws into a formal, systematic code.

Retribution

a repayment; a deserved punishment

Restitution

payment for an injury; compensation

Code of Hammurabi

Introduction of codification, almost like retribution, reflected patriarchal society, a kind of restitution was necessary: payment by the offender to the victim

Mosaic Law

shift from seeking to punish deliberate actions rather than punishments

Mosaic law is more focused on punishing the guilty regardless of status

Maintaining a social safety net, codification of wellbeing

Ten Commandments

Religious laws or moral rules found in the Bible, guiding ethical behavior.

Jury

A group of citizens selected to evaluate evidence and make a verdict in a trial.

Democracy

A system of government where citizens have the power to vote on laws and leaders.

Socrates

An ancient Greek philosopher known for his contributions to ethics and questioning techniques in philosophy.

Justinian Code

Laws must be recorded, justice wouldn't be judges alone, codified into Twelve Tables, and a distinction in civil law and criminal law

Civil Law

• solve disagreements between people, groups, or companies

• Contracts, property, family issues, and personal rights

• Usually no jail time

• Judge might ask someone to pay money or fix a problem to make things fair for everyone.

• helps keep things fair and respectful in everyday situations.

Criminal Law

• set of rules that says what people can and cannot do to keep everyone safe

• defines actions that are considered crimes

• Explains what the punishments are if someone breaks these rules

• When someone breaks a criminal law, the police and courts work together to figure out what happened?, guilty?, punishment?

• GOAL: to protect people and make sure everyone can live in a safe, fair community

Napoleonic Code

• set of laws created by Napoleon Bonapart

• first modern legal codes, and it organized laws in a clear, written way so that everyone could understand them.

• rules about property, family, contracts, and individual rights, aiming to make laws fair and the same for everyone.

• inspired by the Napoleonic Code, and some even 

• Inspired other places to base their own laws on it meaning its an timportant influence on modern legal systems.

British Code

• Present Laws

• a "code" was like a set of important rules people followed to do the right thing.

  • Ex. code for being honest, brave, and respectful, how to act in battle, how to treat others, how to show respect to the king or queen.

• These rules helped keep everyone safe and respectful

• A big part of how people got along

Trial by Ordeal

An ancient method where guilt or innocence was tested through painful or dangerous trials believed to reveal divine judgment.

Oath Helping

• tried to prove they were telling the truth. If someone was accused of doing something wrong, they could ask friends or family to swear, or make an "oath,"

• The more people who said they believed you, the more others thought you were telling the truth.

•  if many people believed and supported them, then maybe they were telling the truth.

Trial by Combat

• Trial by combat was a way people long ago settled arguments by fighting

• believed that whoever won was right. Instead of talking or having a judge, they would fight to prove who was telling the truth.

Adversarial System

• TWO SIDED SYSTEM 

• System with Prosectuer and defense, judge and jury

• both sides have a fair chance to present their case

• encourages thorough examination of the facts, ensuring that everyone has a chance to be heard before a decision is made

Divine Right

• The right kings and queens refer to to explain how they should be in charge because they were chosen by God

•  saying they had a special permission to rule that came from a God (a higher power)

• In history, rulers who believed in divine right thought they didn’t have to listen to anyone else because they were appointed by God

Assizes

• special court sessions held in different places to handle serious cases

• in the past, judges would travel to towns to hear cases and make decisions right there, instead of everyone coming to a big city court. This way, more people could have access to justice without having to travel far

• less common now, it helped make sure that everyone had a chance to have their voices heard and get a fair trial, no matter where they lived

Circuit judges

• ‘special referees’ for the law who travel to different places to help decide cases.

• go to different courts in various areas instead of just one place. They listen to the cases, make decisions, and help keep the law fair for everyone, no matter where they are

Case Law

• collection of all the rules that judges have made over time.

• helps people understand the law by showing how judges have decided similar cases in the past

• It helps everyone know what to expect

• Each time a judge makes a decision, it is added to the case law

Common Law

• big set of rules that judges create based on decisions they make over time

• when judges decide a case, their decisions become part of the rules for future cases

Stare decisis

• Precedent (When judges make a decision about a case, they try to follow what other judges have decided before,)

• the law tries to stay the same unless there's a really good reason to change it

Rule of Precedent

helps keep things consistent and fair, just like your game! If a new case comes up, judges look back at previous decisions to help them decide what to do.

Magna Carta

• Aka the Great Charter

• First step in establishing individual basic rights for the people of England

• Recognized the Principle of Law giving the people equality under the law

Habeas Corpus

A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

Great Binding Law

• Originally the Aboriginal Law

• Outlined the rights, duties, and responsibilities of the people

• Included laws covering adoption, emigration, treason, and secession

• Outlined principles of justice and fairness

English Common Law

Law that originates from decisions made by judges in previous cases

Statute Law

• Federal and provincial governments

• Each level of government has the power to enact legislation within the limits of its jurisdiction.

• This is sometimes codified common law

• Statutes generally override previous common laws

Jurisdiction

• The political or legal authority to pass and enforce laws, or the judicial authority to decide a case

Three Levels of Government

• Constitutional law

• Common law

• Statute law

Constitutional Law

• Blueprint for the way canada works 

• Overrides all other laws

• Can be used to strike down laws deemed unconstitutional by the courts

Constitution

Framework that sets out how a country is governed and operates at every level

British North America Act

• Created a system to prevent us from going to war again

• Still forms part of Canada's constitution

• Intended as the constitution for a colony, not a country but did recognize Canada as a separate political entity within the British Empire

• Years leading to the confederation of 1861-1865 one of the bloodiest and most brutal wars broke out between rival states in the newly formed USA

  • Consider this to be the first modern war.

Unitary System

A one level government system

Federal System

A two level government system

Ultra vires

legislation that is found to be outside the jurisdiction of a level of government. Meaning “outside the power.”

Distribution of Powers

The authority of a state to govern itself or another state

Constitution Act

• 1982

• Formed the basis for how our country works along with the BNA Act

• Constitution=blueprint

Indian Act

• Legal Framework that enabled a cultural genocide of Canada’s Indigenous population. 

• Involved the assimilation of culture and language (“kill the Indian in the child”)

Right

• A legal, moral, social entitlement due to all people because they are human beings. 

Inalienable Rights

• Guaranteed entitlements that cannot be transferred because are a part of our intrinsic nature. 

• Eg. The Declaration of Independence (US) declares that all people have inalienable rights to equality and liberty.

• Inalienable rights are similar (the same) as fundamental rights. 

  • Includes fundamental freedom of speech, thought, expression, opinion, peaceful assembly, religion, conscience. 

  • Includes equality of men and women, and of all people under the law. 

  • Freedom from torture/inhumane punishment, education, presumed innocent until guilty.

Entrenchment

• To incorporate one thing into another. In the sense of the law, it means to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the constitution. 

Notwithstanding Clause

• Section 33 c. of the Charter of Rights and Freedoms

• Gives the government the power to override some rights and freedoms in the Charter.

• The legislation is reviewed every 5 years to ensure that abuse has not been occuring.

Charter Rights

• Shifts authority from 

• Does not apply to the government actions

• Goal was to entrench the Canadian Charter of Rights and Freedoms into the Constitution itself

• Applies only to government/crown corporations/federally incorporated companies/banks/and other federally regulated organization

• Gives us the right to challenge the Government

• Citizens can file a lawsuit against the government

Supreme court

• “guardian of the constitution”

• In charge of deciding if a case violates the charter

Sovereignty

power or authority of a country or group to govern itself without outside control

Civil liberties

• basic rights and freedoms that every person has, which protect us from unfair treatment by the government or others in power.

•  Expression 

•  Freedom

• Fair Trial

• Privacy

override

If one rule overrides another, it means it has more power and replaces the other one.

franchise

The right to vote

The Charter of Rights and Freedoms

• Pierre Trudeau wanted to entrench these to protect them from being dismissed. 

• The Charter applies to all levels of government (its jurisdiction). 

• Gives people the right to challenge and sue the government if they believe their Charter rights have been violated.

Judicial Independence

Judicial independence is the concept that judges are free to make decisions without influence or interference from any source (especially the government). The state cannot tell a court/judge how to judge a case,  and it cannot discipline judges for making particular decisions.

Lawyer Independence

• Lawyer independence is the concept that lawyers are free to act in their client’s best interest without interference or fear of repercussions. 

• Anyone can become a lawyer, and no one lawyer can be prevented from representing a particular client. 

• Lawyers can freely put their clients first, without pressure, influence, and control from the government .

freedom

• The ability to conduct one’s affairs without being hampered or frustrated by