Lecture 1 - Introduction to Canada Legal System and the Constitution

BUSI 3705: Legal Environment of Business

Content Overview

  • Topics to be addressed include:

    • Legal reasoning, principles, terminology.

    • The Canadian legal system, Constitutional law, contracts, torts, and business organizations.

Understanding Law

  • Law involves justification of actions based on enforced rules by courts/state, forming a framework for societal interactions.

  • Rule of Law: Key principles include equal application and settlement of disputes by established legal frameworks rather than force.

Interaction of Law and Business

  • Importance of Law in Business:

    • Establishes boundaries, enforces obligations, protects rights, creates opportunities, and manages risks.

Definitions and Legal Terms

  • Legal Terms:

    • Action: court case brought through civil courts.

    • Plaintiff/Defendant: Initiates or is subject of a lawsuit, respectively.

    • Liability: Legal responsibility.

Jurisdictions in Canada

  • Jurisdiction is categorized into common law (Ontario context) and civil law.

  • Interactions between different legal frameworks and Indigenous legal systems.

Sources of Law

  • Hierarchy of Law:

    • Constitution > Statutory Law > Common Law (judicial decisions and precedents).

Federalism and Jurisdiction in Canada

  • Federal powers are listed under S. 91; provincial powers are listed under S. 92 of the Constitution.

  • Definition of intra vires (within powers) vs ultra vires (beyond powers) applies here for legal actions.

Understanding the Charter of Rights and Freedoms

  • Businesses may have Charter rights depending on the nature of the activity; economic interests are not explicitly protected.

Important Legal Concepts

  • Parameters for Rights:

    • Legal challenges/balancing tests for justifying any infringement of protected rights under the Charter.