ICJ Powerpoints Week 3 2024

Sources of Law

  • Common law is a foundational source of law in Canada.

  • Importantly, its principles guide how laws are interpreted and enforced.

Key Principle of Common Law

  • COURTS resolve common disputes uniformly to maintain fairness and consistency.

STARE DECISIS

  • Latin term for the doctrine that courts should follow precedents from previous cases.

  • Precedents help ensure stability and predictability in the law.

  • Hierarchical court structure and jurisdiction significantly influence precedents.

Hierarchy of Courts

  • Higher court decisions are legally BINDING on lower court judges.

  • The Supreme Court of Canada is the highest court, binding all lower courts.

Provincial Appeal Courts

  • Decisions from courts like the ONTARIO COURT OF APPEAL are binding on lower Ontario judges.

JURISDICTION

  • Each province in Canada operates as a separate legal jurisdiction.

  • Ontario judges must follow higher court decisions within their province but can consider decisions from other jurisdictions.

JUDGES

  • Judges are appointed by the Prime Minister or a Provincial Premier.

  • Appointments include:

    • Supreme Court of Canada

    • Ontario Court of Appeal

    • Superior Court of Justice

    • Ontario Court of Justice (by the Premier)

QUALIFICATIONS OF JUDGES

  • Candidates must be lawyers with at least 10 years of experience.

  • An appointments committee screens candidates, recommending suitable individuals to the PM or Premier.

INDEPENDENCE OF JUDGES

  • Judges serve until the age of 75.

  • They can only be removed for serious misconduct, requiring legislative action to initiate removal.

  • Judicial independence is crucial; removals have been rare.

FINDING CASE REPORTS

  • Legal publishers identify important cases as precedents, compiling them in reporting services:

    • ONTARIO LAW REPORTS

    • CANADIAN CRIMINAL CASES

    • CANADIAN ENVIRONMENTAL CASES

ON-LINE Resources for Case Reports

  • All Canadian courts publish case reports online.

  • CANLII (Canadian Legal Information Institute) is particularly useful for accessing cases.

CASE REPORTS

  • Judges provide views on:

    • Key facts of the dispute

    • Legal issues to resolve

    • Judge's decisions and their reasoning

  • Judges' decisions set precedents for future cases.

APPEAL COURT DECISIONS

  • Special caution is needed when reading decisions from appeal courts since odd-numbered panels may not reach unanimous conclusions.

  • Majority decisions set precedents, while dissenting opinions can influence but do not create precedent.

Jury Decisions

  • Jury decisions do not include written reasons.

  • Jury appeals typically focus on judicial conduct during trials.

Sample Cases

  • R. v. Gibson, identified as a criminal case, involves prosecution by Canadian society against an individual for alleged criminal activity.

Understanding "R" in Case Names

  • "R" stands for Regina (Queen) or Rex (King), representing Canadian society in criminal cases.

  • The prosecution serves as government representatives in seeking justice.

R. v. Gibson Case Details (2013)

  • Case involving Teilor Gibson accused of cannabis possession under the Controlled Drugs and Substances Act.

Civil Cases vs. Criminal Cases

  • Glanzmann Tours Ltd. v. Yukon Wide Adventures is an example of a civil lawsuit.

    • Plaintiff versus Defendant model.

    • Corporations are treated as legal persons under the law.

Eccles v Bourque Case Facts

  • Involves police entry into Eccles' apartment on suspicion of harboring a fugitive; resulted in a trespass claim.

Legal Issues in Eccles v Bourque

  1. Did police have statutory authority for the entry?

  2. If not, did they hold a common law right?

Decision in Eccles v Bourque

  • Justice Dickson ruled that police lacked legal authority under Criminal Code, deriving principles from common law.

Relevant Precedent: Semayne’s Case (1604)

  • Established the legal principle: "Every man’s house is his castle."

Application of Legal Principle in Eccles v Bourque

  • Police must identify themselves, state entry purpose, and knock when entering without a warrant.

  • Failure to do so could lead to claims of trespass.

Understanding Basic Laws

  • Government agencies typically enact public health and safety laws, guided by societal norms.

RETROACTIVE LAWS

  • Section 11 of the Charter of Rights and Freedoms prohibits retroactive legislation criminalizing past actions.

Common Law Principles

  • Nullem crimen sine lege (No crime without law), Nulla poena sine lege (No punishment without law).

Age of Criminal Responsibility

  • Criminal Code, s. 13: Individuals under 12 years cannot be convicted.

Defining Terms in Statutes

  1. Review definitions in the statute.

  2. Consider related statutes.

  3. Look for common law definitions.

  4. Consult standard dictionaries.

PROSECUTION: Key Elements for Conviction

  1. Identity of the perpetrator.

  2. ACTUS REUS (criminal act).

  3. MENS REA (intent), depending on the charge.

R. v. Sault Ste. Marie (1978) Offence Classifications

  1. True criminal offences: require mens rea.

  2. Strict liability offences: actus reus suffices; due diligence as defense.

  3. Absolute liability offences: actus reus alone, no defenses.

Drunkenness as a Defense

  • Applicable for specific intent crimes (e.g., 1st-degree murder) but only partial.

  • Those intoxicated may still face convictions for lesser offenses.