Under the Constitution Act of 1982 and the BNA Act of 1867, the authority to grant laws is by elected representatives.

Section 91 outlines the jurisdiction of the federal government. The federal government is responsible for the postal service, military and defense, currency, interest rates, and criminal law.

Marriage and divorce fall under federal law because of the two primary religions, Catholics cannot divorce.

The federal government has a Residual Powers Clause which gives responsibility to the federal government for any new area of law that emerges that is not private in nature.

Section 92 outlines the jurisdiction of the provinces which includes hospitals, municipal institutions, licenses for shops, saloons, and taverns, property and civil rights in the province, and any matter that are local or private in nature in the province.

The legislative process in Canada begins with cabinet introducing laws.

Anybody else who wants to introduce laws can do so under Private Member Bills, but this almost never happens.

The three elements that make up the legislative process include legislators either in the House of Commons or Provincial legislators, the senate and the king through the Governor General and Lieutenant Governor General.

There are six sources of laws that develop or restrict new laws.

The constitution is considered the supreme law of Canada under section 52 while parliamentarians have the supremacy to make a law that allows the federal government to make a law arbitrarily (don’t need to consult anyone else).

The second source of law is a statute, which is law passed by the government. I can be changed at any time by a simple majority (number of ppl in the room who voted for the bill).

The third source of law is jurisprudence which can take the form of case law or precedence.

Precedence is courts decide similar cases in a similar matter.

The doctrine of Stare Decisis means “Let the decision stand”.

Under precedence you must let the higher court decision stand, no lower courts can challenge it.

The only way to change precedence is through judicial activism, the supreme court, and the state.

The Fourth source of law is through doctrine which are written commentaries on the law by legal experts such as judges, professors, and lawyers.

The fifth source of law is custom. A custom is a tradition accepted by a community and is accepted by a court if there is no conflict with an existing statute.

A custom can be turned into a statute and if it’s accepted by society it can turn into law.

The sixth source of law is administrative law which is when a federal or provincial government doesn’t have the resources to make a law for everything, so it creates administrative boards that are empowered by statute to pass laws.

Where we decide to sue depends on the nature of the case, the type of case and amount of money involved, and the geography which is the location of the issue or defendant.

The municipal court enforces by-laws such as traffic, zoning, and taxes as well as minor criminal matters including theft under $1000 and mischief.

A small claims court is the only court where you can’t hire a lawyer, it takes cases no more than $15,000, and it is an inquisitive court where the judge is forced to play different roles.

In a small claims court, the creditor can reduce debt to sue at this lower level, businesses must be represented by an employee who can be a lawyer. It is not available for businesses with more than 10 employees.

The Court of Quebec hears all cases up to $85, 000, except alimentary pension and federal cases. Appeals go to the Quebec Court of Appeal, and you’re not allowed to appeal cases under $60 000.

In the Court of Quebec, it’s possible to be summoned for criminal cases of 2 years or less in jail.

The Superior Court is a court of first instance unless the case is jurisdictional or criminal. It covers all cases of $85, 000 dollars or more, and all cases are not assigned to other courts

The Court of Appeal contains 7 judges while decisions are based on a majority present with no jury. They can argue an error of law or error of fact and apply for leave (permission) to be heard

The three decisions a court can make include upholding the decision of the lower court, overturning or replacing a decision, or sending it back for re-trial.

The Supreme Court of Canada has 9 judges that argue error of law or error of fact with leave (permission). They have juries for criminal cases, and you need to show them why they need to hear your case.

Administrative tribunals are enacted by administrative regulation. They conduct an internal review mechanism of administrative decisions. There are no appeals.

The legal profession is made up of judges, lawyers, notaries, and mediators.

Judges are selected by the government, and they play an adversarial role except in small claims courts.

Lawyers must be a member of the Quebec bar to practice law in Quebec.

Notaries have the exclusive right to prepare certain contracts, and produce authentic documents but cannot represent you in court unless it’s in uncontested matters.

Mediators perform the role of an objective third party and they cannot represent you in court.