Comprehensive Study Notes for University Canadian Law

Foundations of Law and the Rule of Law

● Habeas Corpus   ● Translated from Latin as "you shall have the body."   ● Serves as a protection for individuals against being imprisoned without a valid legal reason.   ● Establishes the requirement that a person must be brought before a court to determine if their detention is lawful.

● Magna Carta ($1215$)   ● Signed by King John of England in the year $1215$.   ● Primarily functioned to limit the power of the monarch.   ● Established the foundational principle that rulers must obey the law.   ● Heavily influenced the development of the modern Rule of Law.

● Rule of Law   ● Dictates that everyone is subject to the law.   ● No individual is above the law, encompassing government officials and leaders.   ● Mandates that laws must be applied fairly and equally to all citizens.

Sources of Canadian Law

● Constitutional Law   ● Recognized as the highest law in Canada.   ● Includes the Constitution Act, $1867$ and the Constitution Act, $1982$.   ● Establishes that all other laws passed in Canada must comply with the Constitution.

● Statute Law   ● Refers to laws passed by Parliament (federal) or provincial legislatures.   ● Also commonly referred to as legislation.

● Common Law   ● Refers to law that is created through the decisions of courts.   ● Based heavily on the principle of precedent.   ● Judges utilize outcomes from previous cases to decide new or similar cases.

Division of Powers: Constitution Act, $1867$

● Federal Government Powers (Section $91$)   ● Criminal law.   ● Defence.   ● Banking.   ● Immigration.   ● Marriage and divorce.

● Provincial Government Powers (Section $92$)   ● Education.   ● Hospitals.   ● Property and civil rights.   ● Municipalities.   ● Marriage ceremonies.

Unit $2$: Rights and Freedoms in Canada

● Distinction Between Rights and Freedoms   ● Rights: Defined as legal, moral, or social entitlements that every person possesses.   ● Freedoms: Defined as the ability to act without experiencing unreasonable interference.

● Canadian Charter of Rights and Freedoms   ● Purpose: To protect individuals from government actions that unfairly infringe upon their rights.   ● Part of the Constitution since it was repatriated in $1982$.   ● As constitutional law, it overrides any conflicting laws.

● Scope of the Charter   ● Applies to: Federal government, provincial governments, municipal governments, Crown corporations, and federally regulated organizations.   ● Does NOT apply to: Private disputes between individuals.

Charter Constraints and Clauses

● Section $1$: Reasonable Limits Clause   ● Dictates that rights and freedoms can be limited if the limits are reasonable.   ● These limits must be demonstrably justified in a free and democratic society.

● Section $33$: Notwithstanding Clause   ● Allows governments to temporarily override certain Charter rights for a limited period.   ● Can override: Fundamental freedoms, legal rights, and equality rights.   ● Cannot override: Democratic rights or mobility rights.

Specific Charter Rights and Freedoms

● Fundamental Freedoms (Section $2$)   ● Freedom of religion.   ● Freedom of thought.   ● Freedom of belief.   ● Freedom of opinion.   自由 of expression.   ● Freedom of peaceful assembly.   ● Freedom of association.

● Democratic Rights (Sections $3$-$5$)   ● Section $3$: The right to vote and the right to run for political office.   ● Section $4$: Requirement for elections to be held at least every $5$ years.   ● Section $5$: Requirement that Parliament and provincial legislatures must meet at least once every $12$ months.

● Legal Rights (Sections $7$-$14$)   ● Section $7$: The right to life, liberty, and security of the person.   ● Protection against unreasonable search and seizure.   ● Protection against arbitrary detention.   ● The right to counsel (legal representation).   ● The right to a fair trial.   ● The presumption of innocence.   ● Protection against cruel and unusual punishment.

● Equality Rights (Section $15$)   ● States that everyone is equal before and under the law.   ● Provides protection from discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

Enforcement of Charter Rights

● Section $24$   ● Enables individuals to go to court when they believe their rights have been violated.   ● Possible remedy: The exclusion of evidence that was obtained illegally.

● Section $52$   ● Empowers the courts to strike down laws that are found to be unconstitutional.   ● Possible judicial remedies:     ● Striking down: Declaring a law invalid.     ● Reading down: Interpreting a law narrowly so it remains constitutional.     ● Reading in: Adding language to a law to make it comply with the Charter.

Unit $3$: Principles of Criminal Law

● Definition of a Crime   ● An act or omission that is prohibited by law and punishable by the state.

● Elements of a Criminal Offence   ● Actus Reus (The guilty act):     ● Examples: Stealing, assault, fraud, or failing to perform a legal duty.   ● Mens Rea (The guilty mind):     ● The accused intended or understood the consequences of their actions.   ● Conviction requirement: Both elements are usually required for a criminal conviction.

● States of Mind Establishing Mens Rea   ● Intent: The person meant to commit the specific act.   ● Knowledge: The person was aware of what they were doing.   ● Criminal Negligence: Characterized by a reckless disregard for the safety of others.   ● Recklessness: The person recognizes a risk and chooses to ignore it.   ● Wilful Blindness: The person suspects the truth but deliberately avoids confirming it to remain unaware.

Involvement in Crimes and the Jury System

● Levels of Involvement   ● Perpetrator: The individual who actually commits the crime.   ● Aiding: Helping someone commit a crime.   ● Abetting: Encouraging someone to commit a crime.   ● Counselling: Advising or persuading another person to commit an offence.   ● Accessory After the Fact: Helping an offender avoid arrest or conviction.

● Jury Qualifications   ● Jurors must be Canadian citizens.   ● Jurors must be adults.   ● Jurors must understand English or French.   ● Jurors must not have disqualifying criminal records.

● Jury Selection and Challenges   ● Potential jurors are questioned before selection.   ● Challenge for Cause: A procedure where a juror can be removed if there is concern regarding bias or an inability to be fair.

Rules of Evidence in Criminal Trials

● Admissibility Requirements   ● Evidence must be relevant to the case.   ● Evidence must be reliable.   ● Evidence must be legally obtained.

● Types of Evidence   ● Direct Evidence: Directly proves a fact (e.g., eyewitness testimony).   ● Circumstantial Evidence: Suggests a fact through inference (e.g., fingerprints found at a crime scene).   ● Testimonial evidence.   ● Physical evidence.   ● Documentary evidence.   ● Expert evidence.

Legal Defences and Sentencing

● Examples of Legal Defences   ● Self-defence.   ● Duress.   ● Necessity.   ● Automatism.   ● Mental disorder.   ● Mistake of fact.

● Goals of Sentencing   ● Denunciation: Condemning unlawful conduct.   ● Deterrence: Discouraging future crimes.   ● Separation: Protecting society by removing offenders from the community.   ● Rehabilitation: Helping offenders change their behaviour.   ● Reparation: Compensating victims for their loss.   ● Responsibility: Promoting accountability in the offender.

● Traditional vs. Restorative Justice   ● Traditional Justice:     ● Focus: Punishment, the offender, and the broken law.     ● Goal: Determine guilt and provide a sentence.   ● Restorative Justice:     ● Focus: Repairing harm, victims, and community involvement.     ● Goal: Reconciliation and healing.

Unit $4$: Civil Law and Torts

● Parties in a Civil Action   ● Plaintiff: The person who initiates the lawsuit.   ● Defendant: The person being sued.

● Standard of Proof   ● Balance of Probabilities: The standard used in civil law, meaning it is more likely than not ($>50\%$) that the claim is true.

● Civil Remedies   ● Compensatory Damages: Intended to compensate the plaintiff for losses.   ● General Damages: For non-monetary losses like pain and suffering.   ● Special Damages: For specific, quantifiable financial losses.   ● Punitive Damages: Intended to punish the defendant for egregious wrongdoing.   ● Nominal Damages: A small award given when rights were technically violated but the actual loss was minimal.

Tort Law and the Concept of Negligence

● Tort Law Overview   ● A tort is a civil wrong that causes harm.   ● Tort Law provides remedies for harm caused to people or property.   ● Intentional Torts: Examples include assault, battery, false imprisonment, trespass, and defamation.   ● Unintentional Torts (Negligence): Careless conduct that causes foreseeable harm.

● Stage $1$ of Negligence: Duty of Care   ● Obligation to avoid harming others.   ● Neighbour Principle: Established in Donoghue v. Stevenson. You owe a duty of care to people who may reasonably be affected by your actions.   ● Foreseeability: A reasonable person could have predicted that harm would occur.

● Stage $2$ of Negligence: Standard of Care   ● The level of caution expected of an individual.   ● Reasonable Person: A person who acts with ordinary intelligence and care.   ● Professional Liability: Professionals are held to a specialized standard of care, measured against a reasonable professional in the same field.

● Stage $3$ of Negligence: Causation   ● Cause-in-Fact: Determined by the "but for" test. Would the injury have occurred but for the defendant's actions?   ● Remoteness of Damage: Asks if the injury was foreseeable.   ● Intervening Act: An unforeseeable event that occurs and breaks the chain of causation.

Family Law: Marriage and Support

● Essential Requirements for Marriage   ● $1$. Mental capacity.   ● $2$. Freedom of consent.   ● $3$. Age requirements.   ● $4$. No prohibited relationships (e.g., close family).   ● $5$. No existing marriage.

● Formal Requirements for Marriage   ● $1$. Marriage licence.   ● $2$. Legal ceremony.   ● $3$. Two witnesses.   ● $4$. Authorized officiant.

● Grounds for Marriage Breakdown   ● $1$. Living separate and apart for at least $1$ year.   ● $2$. Adultery.   ● $3$. Physical cruelty.   ● $4$. Mental cruelty.

● Support Systems   ● Child Support: Money paid by one parent to help support children after separation to meet the child's needs and ensure financial support from both parents.   ● Spousal Support: Money paid to a financially dependent spouse after separation to reduce economic hardship and provide assistance.   ● Factors for Spousal Support: Length of relationship, roles during the relationship, financial need, ability to pay, and existing agreements.

Landmark Cases in Canadian Law

● R. v. Morgentaler ($1988$)   ● Facts: Dr. Morgentaler challenged the validity of Canada's abortion law.   ● Legal Issue: Did the existing abortion law violate Charter rights?   ● Decision: Yes.   ● Reasoning: The law violated Section $7$ (life, liberty, and security of the person).   ● Significance: Canada's abortion law was struck down.

● R. v. Lavallee ($1990$ )   ● Facts: A woman in an abusive relationship killed her partner.   ● Legal Issue: Could battered woman syndrome be used to support a claim of self-defence?   ● Decision: Yes.   ● Reasoning: Expert evidence demonstrated she reasonably believed she was in imminent danger.   ● Significance: Expanded the legal understanding of self-defence and domestic violence.

● Halpern et al. v. Attorney General of Canada ($2003$)   ● Facts: Same-sex couples challenged the traditional legal definition of marriage.   ● Legal Issue: Did restricting marriage to opposite-sex couples violate equality rights under the Charter?   ● Decision: Yes.   ● Reasoning: The traditional definition was found to violate Section $15$ equality rights.   ● Significance: Marriage was redefined as "the voluntary union for life of two persons to the exclusion of all others," laying the groundwork for the legalization of same-sex marriage.

Essential Vocabulary and Key Terms

● Habeas Corpus ● Rule of Law ● Constitutional Law ● Statute Law ● Common Law ● Charter of Rights and Freedoms ● Section $1$ (Reasonable Limits) ● Section $33$ (Notwithstanding Clause) ● Actus Reus ● Mens Rea ● Intent ● Recklessness ● Wilful Blindness ● Duty of Care ● Neighbour Principle ● Foreseeability ● Standard of Care ● Reasonable Person ● Cause-in-Fact ● Remoteness of Damage ● Intervening Act ● Tort ● Negligence ● Child Support ● Spousal Support ● Marriage Breakdown