Chapter 1+2

Why we have Law Law Why we have laws? a rule of conduct established by government, for the society to follow and obey Why we have laws? Eliminate conflicts and create a safer place (ex. Highway traffic laws) Protect rights and freedoms (ex. Charter of Rights and Freedoms) Protect people (ex. Labour laws)

Divisions of Law Substantive Law Private(Civil) Law Tort Law Family Law Public Law Criminal Law

Public Private (Civil) Criminal Law Tort Family Offences against society Society is represented by the Crown, accused by lawyers Private (Civil) Tort One person (business) against another person, business Family Relationships between individuals living together or between parents and children

Development of Canadian Law Common Law Precedent Something has been done (established) that can later be example or rule on how other things should be done Case Law Previous cases used in future cases Rule of Law Habeus Corpus Appear before the courts in a reasonable time Statue Law Laws passed by a government body

Canadian Charter of Rights and Freedoms Ultra Vires – outside the authority of the government (businesses) Intra Vires – Inside the authority of the government (people) Section 2 – Fundamental Freedoms Freedom of Religion Everyone is free to practice their own religion, without fear of attack Freedom of Thought, Belief, Opinion, and Expression Free speech and expressions, with a few exceptions such as hatred towards groups or illicit material R. V. Keegstra (pg.51) Freedom of Peaceful Assembly and Association Protesting or striking (public demonstrations)

Sections 3 – 5 – Democratic Rights Section 6 – Mobility Rights Right to vote, maximum time between elections, and meeting of parliament Section 6 – Mobility Rights Right to enter or leave Canada Section 7 – 14 – Legal Rights Seach and seizure, arrest, detention, imprisonment, treatment, etc. Section 15 – Equality Right Everyone is equal and has right to equal protection

Section 1 – Reasonable Limits Clause Notwithstanding Clause Can infringe on an individuals rights if it is for the betterment of society Notwithstanding Clause Allows the government to enact legislation that violates sections 2 and sections 7-15 of the Charter. The government simply states they are enacting the Notwithstanding clause Can be in effect for up to 5 years, but then can be reenacted

Human Rights Prejudice Stereotyping Discrimination Making a judgement about a person who belongs to a certain group. A pre- judgement on the fact that the person belongs to a certain group Stereotyping Judging one member of a group and applying that judgement to the entire group Discrimination Intentional discrimination Knowingly discriminates against someone Unintentional discrimination Treat others unfairly, but unaware of their actions