Classifying Law
Sources of Law In Canada laws originate from three sources: 1.The Canadian Constitution (Constitutional Law) 2.Elected Government Officials (Statute Law) 3.Previous Legal Decisions (Common Law)
Consitutional Statute Common law
Each source of law has a different level of authority Constitutional Law overrides Statute Law Statute Law overrides Common Law
Constructing the Pyramid of Law Common law Called Common Law because it is common to all and has a general universal application Also called Case Law because its sources include decision made by judges in previous cases Common law constantly evolves as judges decide new cases Based on the legal principle of Precedence: Similar laws should be decided in similar ways Lawyers look to previous case decisions A case may be identified that is no longer applicable to todays society. If a judge disagrees with the decision that has been made in the past, then the judge must create a new precedent This process if called distinguishing a case
Constructing the Pyramid of Law These are laws passed by elected representatives in the form of acts or statues Laws passed by government in the Parliament Many laws today are statutes - These are common law decisions that have been codified Statutes generally override previous common law, but if no statute exists then the common law prevails When a judge interprets and applies a statute to a case, that sets a precedent and judges in the future must do the same thing with similar cases In practice, statues and common law usually form the bulk in Canadian Law Statute Law Common Law
Division of Powers Each level of government has the power to make laws that apply to their authority or control Jurisdiction is the political or legal authority to make legal decisions or the judicial authority to make judgements
Federal Government Enacts laws within its own Jurisdiction This includes criminal law, federal penitentiaries, employment insurance, banking, currency, marriage and divorce, postal services All Canadians are subject to these laws
Provincial Government Enacts laws within its own provincial jurisdiction Includes laws affecting health care, education, highways, The citizens of the province are subject to these laws
Local (Municipal) Governments Creates laws known as Bi –laws These are regulations that deal with local issues such as snow removal, parking tickets, parking rates Aboriginal Governing Structures As outlined in the Indian Act, each band has the authority to make bilaws that apply to that band’s reserve lands An Aboriginal band that has a self government aggreement, can make laws regarding larger items like marriage, education, or adoption
Constructing the Pyramid of Law Based on a document that determines the structure of federal government Limits the powers of government by setting out certain basic laws, principles, and standards that all other law must adhere to Divides law making powers between federal and provincial governments Also sets a standard by setting out basic laws and principles that all law must adhere to Constitutional Law trumps all other laws because it decides how law is structured Any law not in accordance with the constitution will be struck down as unconstitutional CONSTITUTIONAL LAW STATUTE LAW COMMON LAW