Administrative Law, Criminal Law, and Family Law Review

ADMINISTRATIVE LAW

  • Definition: Administrative law governs the actions of government decision-makers, including tribunals, boards, and agencies established by statute (law made by Parliament or a legislature).

  • Tribunal: A governmental body that makes determinations outside of traditional courts.

  • Jurisdiction: Refers to the legal authority to make decisions.
      - Intra Vires: Actions taken within the authority of the decision-maker.
      - Ultra Vires: Actions taken outside the authority, rendering the decision invalid.

  • Discretion: The ability to choose among options; must be:
      - Exercised in good faith.
      - Based on relevant factors.
      - Consistent with the purpose of the law.
      - Must avoid arbitrary action or improper purposes.

  • Procedural Fairness: Requires that processes are fair; encompasses:
      - Notice: Parties must be informed of proceedings.
      - Right to be Heard: Parties must have the opportunity to respond.
      - Unbiased Decision Maker: Must be neutral without perceived bias.
      - Additional Elements: Presenting evidence, responding to other sides, timely decisions, and receiving reasons for decisions.

  • Duty of Fairness: Is flexible; the seriousness of the decision influences the level of fairness required.

  • Legitimate Expectations: If officials promise a procedure, they must adhere to it.

  • Judicial Review: A court reviews the validity of decisions to ensure legality and fairness,
      - Reasonableness Standard: Courts ensure the decision is logical and justified; courts show deference to the decision-maker.
      - Correctness Standard: The court checks if the decision is absolutely correct with no deference given.

  • Challenge Points: Decisions can be invalidated if they:
      - Are ultra vires.
      - Lack procedural fairness.
      - Are biased.
      - Misinterpret the law.
      - Ignore relevant factors or include irrelevant ones.
      - Are made in bad faith.

  • Remedies for Judicial Review: May include:
      - Cancelling the decision.
      - Sending the matter back for reconsideration.
      - Ordering or stopping actions.

CRIMINAL LAW

  • Definition: Criminal law addresses offenses against the state, focusing on punishment and societal protection.

  • Classification of Offenses: Offenses categorized as:
      - Summary Offences: Less serious crimes usually punishable by fines or short imprisonment.
      - Hybrid Offences: Can be prosecuted as either summary or indictable, depending on circumstances.
      - Indictable Offences: More severe crimes with heavier penalties.

  • Burden of Proof: The Crown must prove guilt beyond a reasonable doubt.

  • Actus Reus: Refers to the physical element of a crime, including:
      - Conduct, circumstances, and consequences.
      - Voluntariness is essential for actus reus to exist; involuntary actions do not fulfill this requirement.
      - Omissions can constitute actus reus if a legal duty to act exists.

  • Mens Rea: Reflects the mental state of the accused, ensuring punishment targets morally blameworthy individuals:
      - Subjective Mens Rea: Based on the accused’s actual knowledge and intentions.
      - Objective Mens Rea: Considered what a reasonable person would know.
      - Related verbs include:
        - Intention: The accused aims to achieve a particular outcome.
        - Knowledge: The accused is aware of certain facts.
        - Recklessness: The accused acknowledges a risk but proceeds anyway.
        - Wilful Blindness: The accused suspects potential wrongdoing but consciously avoids confirming.

  • Simultaneity of Actus Reus and Mens Rea: Both elements must occur at the same time for a crime to be valid; missing either element negates the existence of a crime.

  • Causation: Connects the act to the resultant harm;
      - But For Test: Questions if the harm would occur without the accused’s actions.
      - Reasonable Foreseeability: Determines if a normal person could anticipate the harm.
      - The accused’s actions must significantly contribute to the harm.

  • Thin Skull Rule: The accused must accept the victim as they are, including any unusual susceptibility to harm.

  • Remoteness: Limits liability where the harm is too unforeseen to be a result of the action.

STRICT LIABILITY OFFENCES

  • Strict Liability Offences: Permit a due diligence defence if the accused can demonstrate they took reasonable steps to avoid committing the offence.

  • Absolute Liability Offences: Offer no defence whatsoever, regardless of circumstances.

  • Reasonable Doubt: Must be based on credible evidence and logical reasoning, not mere speculation.

SECTION 11 RIGHTS

  • Rights under Section 11 include:
      - Right to a trial within a reasonable timeframe.
      - Protection against double jeopardy.
      - Entitlement to reasonable bail.

CHARTER RIGHTS

  • Application: The Charter applies exclusively to government action and not to private individuals.

  • Limitations: Rights may be limited under section 1 if justified.

  • Section 7: Protects life, liberty, and security, mandating fundamental justice.

  • Section 8: Guards against unreasonable search and seizure; a search must demonstrate a reasonable expectation of privacy.
      - Types of privacy include:
        - Personal Privacy: Related to an individual’s intimate space.
        - Territorial Privacy: Associated with one's domain.
        - Informational Privacy: Protects personal information.
      - Exceptions to Warrant Requirement: Include consent, plain view, exigent circumstances, and searches incidental to arrest.

  • Section 10: Grants the right to be informed of the arrest reason and to contact a lawyer immediately.

  • Section 11(d): Guarantees the presumption of innocence.

  • Section 24(2): Permits exclusion of evidence that could compromise the integrity of the justice system.

  • Oakes Test: Determines if a rights limit is justified by assessing:
      - Important Objectives
      - Rational Connection to the Objective
      - Minimal Impairment
      - Proportionality of the Limitation

TORT LAW

  • Definition: Tort law involves civil wrongs where the aim is to compensate the injured party rather than punish the offender.

  • Negligence: Occurs when an individual fails to act reasonably, resulting in harm to another.
      - To establish negligence, three elements must be proven:
        - Duty of Care: Must exist, assessed via reasonable foreseeability and relationship closeness; it can also be restricted by policy.
        - Breach of Standard of Care: Determined by what a reasonable person would do in similar circumstances; professionals are held to higher standards.
        - Causation: Also requires the “but for” test and reasonable foreseeability; harm shouldn’t be deemed too remote.

  • Thin Skull Rule: The defendant is liable for full extent of the harm, no matter how severe, even if it was unforeseen.

  • Vicarious Liability: Holds employers accountable for actions of their employees.

  • Contributory Negligence: Reduces damages if the plaintiff’s actions contributed to their own harm.

  • Voluntary Assumption of Risk: May eliminate liability under certain circumstances.

  • Multiple Defendants: Can share responsibility for the same harm.

  • Standard of Proof: Established as a balance of probabilities.

  • Damages: Monetary compensation awarded to the injured party.

FAMILY LAW

  • Overview: Family law governs familial relationships and responsibilities with a focus on children's best interests, including:
      - Safety
      - Stability
      - Well-being

  • Governing Laws: Federal law governs marriage and divorce, while provincial law handles property and many family matters.

  • Marriage: Confers legal rights and obligations.
      - Common Law Relationships: May also create rights and responsibilities depending on relevant laws.

  • Divorce: Requires demonstration of relationship breakdown due to separation, adultery, or cruelty.

  • Annulment: Declares that a marriage never legally existed.

  • Property Division: Typically includes assets upon separation; certain properties (gifts or inheritances) may be exempt.
      - Unequal Division: May occur if equal division would lead to significant unfairness.

  • Parenting Orders: Address child decision-making and custody time arrangements; wealth distribution not automatically equal.

  • Child Support: Adheres to guidelines including additional expenses; stepparents may also incur obligations.

FOUNDATIONS OF LAW

  • Definition of Law: A systematic set of rules enforced by the government to regulate behavior, resolve disputes, and maintain societal order.
      - Core purposes:
        - Maintain order
        - Protect individuals
        - Resolve disputes
        - Promote fairness

  • Types of Law: Divided into:
      - Public Law: Regulates relationships between individuals and the state.
      - Private Law: Governs relationships among individuals.

  • Sources of Law: Include:
      - The Constitution (highest law, including the Charter).
      - Statutes (laws enacted by legislative bodies).
      - Common Law (laws developed by court decisions).

  • Rule of Law: Principle that all, including the government, must adhere to the law.

  • Common Law System: Courts develop law through decisions, structured in a hierarchy.
      - Hierarchy of Courts: Lower courts hear majority of cases; higher courts handle appeals.
      - The Supreme Court of Canada is the apex court.

  • Precedent and Stare Decisis: Courts must follow prior decisions for consistency,
      - Ratio Decidendi: Binding legal reasoning set in a court’s decision.
      - Obiter Dicta: Persuasive remarks not essential to the decision.
      - Courts may choose to follow, distinguish, or overrule former rulings.

  • Statutory Interpretation: Process of interpreting legislation by examining text, purpose, context.

  • Division of Powers: Authority allocation between federal and provincial governments.
      - Living Tree Doctrine: Treats the Constitution as a dynamic, evolving document.

LEGAL REASONING AND APPLICATION

  • Legal Reasoning Steps: Identify issues, articulate the rule, apply the rule to facts, and reach a conclusion.
      - For Criminal Law: Identify actus reus, mens rea, and causation before considering defenses.
      - For Charter Cases: Identify rights in question, assess if breached, and explore possible justifications.
      - For Tort Law: Focus on duty, breach, and causation.
      - For Administrative Law: Check jurisdiction, adherence to fairness, and assess reasonableness.
      - For Family Law: Emphasize the best interests of the child.

  • Key Considerations: If any required elements are missing, associated liability is negated.
      - Criminal Contexts: Consider actus reus and mens rea.
      - Negligence Contexts: Assess harm resulting from actions.
      - Government Decisions: See if they align with administrative law constructs.
      - Children and Family Environments: Prioritize children's welfare.

STRATEGIC PHRASES FOR EXAM WRITING (POWER SENTENCES)

  • Criminal Law Context: The actus reus is…; The mens rea is demonstrated by…; But for the accused’s actions, the harm would not have occurred; This was reasonably foreseeable because…; A reasonable person would have…; The decision is unreasonable because…; The best interests of the child are…