Canadian Legal System Chapter Two (Kyles Notes)

A set of vocabulary flashcards covering key terms and concepts from the Canadian legal system notes.

liberal democracy

A political system combining liberal rights with democratic governance, including rule of law, peaceful power transfer, free elections, and protection of individual rights.

rule of law

The principle that all people and government actions are governed by law and that laws apply equally to everyone.

peaceful transition of power

An orderly, nonviolent transfer of governmental authority after elections.

open and free elections

Elections where eligible citizens can vote freely without coercion or unfair barriers.

respect for rights

Recognition and protection of fundamental liberties and human rights.

individual freedoms

Basic liberties (expression, association, religion, etc.) protected from government intrusion.

constraints on government power

Legal and institutional limits preventing the concentration or abuse of power.

power corrupts and absolute power corrupts absolutely

A cautionary saying that unchecked power tends to lead to corruption.

branches of government

Division of governmental powers into legislative, executive, and judicial branches.

constitution

The supreme law that sets up government structure and distributes powers.

Acts

Federal or provincial laws enacted by a legislature; often called statutes.

Codes

Collections of laws on a topic; often used interchangeably with Acts for certain topics.

legislation

Laws created by elected representatives in Parliament or the Legislative Assembly.

Parliament (federal)

Canada’s federal law-making body, consisting of the House of Commons and the Senate.

Legislative Assembly (provincial)

A province’s law-making body.

Income Tax Act

A federal statute governing income taxation.

Residential Tenancies Act

A provincial statute governing rental housing and tenancies.

House of Commons (HOC)

The lower house of Parliament; where most legislation is proposed and debated.

MPs

Members of Parliament; elected representatives in the HOC.

Senate

The upper house of Parliament; appointed members who review proposed laws.

Senators

Members of the Senate; provide review and delay (sober second look) of legislation.

Governor General (GG)

The Crown’s federal representative who grants Royal Assent to laws.

Royal Assent

Formal approval by the Crown (GG) turning a bill into law.

Lieutenant-Governor (LG)

The Crown’s provincial representative who grants Royal Assent to provincial laws.

Crown

The monarch and its representatives; used to describe executive authority in Canada.

regulation

Rules created by the executive under authority of legislation to implement and detail laws.

Citizenship Act

Federal law governing how to become a Canadian citizen.

Citizenship Regulations

Regulations implementing and clarifying the Citizenship Act’s criteria.

policy

The government’s guiding principles and objectives that shape laws and decisions.

executive branch

The branch headed by the PM or Premier, the Crown, and cabinet; administers laws and departments.

Prime Minister (PM)

The head of the federal government.

Premier

The head of a province’s government.

cabinet

Ministers who run government departments and shape policy.

government departments

Administrative units that deliver services and administer laws.

Parks Canada

A federal department that administers national parks.

Canada Revenue Agency

The federal agency that collects taxes and administers tax laws.

Alberta Health Services

Alberta’s provincial health authority.

judicial branch

The branch of courts and judges that interpret and apply laws.

Supreme Court of Canada (SCC)

Canada’s highest court, final authority on constitutional and national matters.

Alberta Court of Appeal (ABCA)

Alberta’s highest provincial appellate court.

Court of King's Bench (KB)

Alberta’s superior trial court; handles major civil/criminal trials.

Court of Justice (COJ)

Alberta’s inferior court handling minor criminal and civil matters under a monetary threshold.

common law

Law developed through court decisions and precedents, not just statutes.

precedent

A previous court decision that guides future similar cases.

ratio decidendi

The legal reasoning or principle underlying a court’s decision.

Supreme Court of Canada (SCC)

Canada’s highest court; final court of appeal and constitutional authority.

Alberta Court of Appeal (ABCA)

Alberta’s top provincial appellate court for decisions from lower courts.

Court of King’s Bench (KB)

Alberta’s superior trial court; handles serious civil/criminal matters.

Court of Justice (COJ)

Alberta’s inferior court handling minor civil and criminal matters.

unlimited monetary jurisdiction

A trial court's authority to hear civil cases with large or unlimited monetary claims.

private law

Laws governing relationships between individuals/businesses (tort, contract, employment).

public law

Laws governing relationships between individuals/businesses and the government (criminal, constitutional, tax).

civil law (Quebec)

Private law system in Quebec based on codified Civil Code; judges interpret the code.

common law system

A system of law based on precedent and judicial decisions; adversarial proceedings.

adversarial system

A legal system where parties present evidence and judges act as neutral arbiters.

civil law system (Quebec)

Quebec’s private-law system based on codification and judge-led interpretation.

canlii

An online resource providing access to Canadian case law and statutes.

sources of laws

Legislation, regulations, and common law collectively form the legal system.

domestic law

Laws within a country governing relations among its own people and entities.

procedural law

Laws that govern how lawsuits are brought and pursued (civil procedure).

substantive law

Laws that define rights and obligations, such as contract, tort, and criminal law.

limitation period

Time limit to commence a lawsuit (often two years in private actions).

two legal systems in Canada

Common law in English Canada and civil law in Quebec for private matters.

division of powers

Constitutional allocation of powers between federal and provincial governments under s.91 and s.92.

federalism

A system of government dividing powers between national and regional governments.

exclusive jurisdiction

Topic area where only one level of government can legislate (e.g., federal criminal law).

concurrent jurisdiction

Both levels can legislate on the same subject for different purposes.

paramountcy

Federal law prevails when a valid federal and provincial law conflict and compliance is impossible.

laws in disguise

When a law on one topic is framed to appear as a law in another jurisdiction.

substance vs form

Substance looks at the true nature of the law; form is its label or title.

Charter of Rights and Freedoms

Constitutional protections for fundamental rights and freedoms in Canada.

7/50 amendment formula

General constitutional amendment rule requiring broad consent from federal and provincial levels and a national referendum.

constitutional conventions

Unwritten rules guiding state behavior, such as the Governor General acting on PM's advice.

rep of the constitution 1982

The Constitution Act 1982 patriated the constitution from the UK and created Amending Formulae.