1.2 The Functions of Law

In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced by society

FIVE Functions of Law

Establish rules of conduct Knowing the law helps us to avoid disputes before they arise. Also, the law serves as a problem-solving tool Examples: contracts for vehicle purchases specifies what buyer and seller receive; landlord/tenant relations

Provide a system of enforcement Laws must be enforced (police and the courts) Examples: The police may charge an individual for breaking a particular law, and that individual would have to go to court to pay the consequences

Protect rights and freedoms A right is something you are entitled to An obligation is something you must do The law encourages the protection of the rights of citizens (tolerance and respect) Rights cannot be limited unless there is a solid legal reason for doing so. Examples: freedom of expression vs. verbally disrespecting someone

Protect society from harm Laws define what we consider wrong and set out punishment for those who break the law Example: carrying an unlicensed handgun (criminal law), labour and occupational safety laws (civil laws)

Resolve disputes Laws settle conflicts (negotiation or court system) Examples: being sued for trespassing on someone’s property

THE STRUCTURE OF CANADIAN LAW

Two Basic types of law in Canada Substantive Law Laws that set out the rights and obligations of each person in society Substantive law allows Canadians to own property and enjoy the rights that come from ownership Procedural Law Laws that outline the steps and procedures involved in protecting and enforcing the rights given under substantive law An example would be the procedures of arrest, jury selection or the steps involved in preparing a legally binding contract

Substantive or procedural?

A law that makes it illegal to assault another person

A law that outlines the steps to follow in making an arrest

A law that makes it illegal to possess a controlled drug

A law that outlines the steps in obtaining a search warrant

Substantive Law comes in two types – Public and Private Law

Public Law Controls the relationship between the government and the people. It represents laws that apply to all individuals.

Types of Public Law Criminal Law – series of rules passed by federal Parliament to prohibit or prevent certain actions such as murder, assault, theft, break & enter etc . . .

Types of Public Law Constitutional Law – laws that set out the structure of government, especially the divisions of power between the provincial and federal governments

Types of Public Law Administrative Law – governs the relationship between citizens and government & public agencies (i.e. Liquor Control Board, CRTC, Employment Insurance Comm.)

Private law (also known as civil law) Outlines the rights and responsibilities of private individuals and organizations. In a private (civil) law case, the person who starts the lawsuit is called the plaintiff, and the person who is being sued is called the defendant. The plaintiff sues because he or she believes that the defendant has caused him or her harm, loss, or injury.

Types of Private Law (also called “Civil” Law) Family Law – governs relationships between persons living as spouses and between parents and children

Types of Private Law Contract Law – a contract is an agreement between 2 or more persons which imposes rights and duties on those parties. As simple as the purchase of a CD or as complex as the leasing of a jumbo aircraft

Types of Private Law Tort Law – a tort is a wrong which one person commits against another. It gives remedies to those who have been injured by the intention or negligence of others

Types of Private Law Property Law – governs the relationships between individuals relating to real property (land and buildings) and personal property (cars, bank accounts etc. . . )

Types of Private Law Labour Law – covers the relationship between employers and employees in terms of rights and obligations. Issues include employment contracts, grievances, etc.

The Divisions of Canadian law

The Divisions of Canadian law Substantive Law (Statute Law and Case Law) Public Law Criminal Law Constitutional Law Administrative Law Private Law Family Law Contract Law Tort Law Property Law Labour Law Procedural Law (Rules)

PUBLIC OR PRIVATE LAW? A youth is arrested for committing a break and enter.

A store owner agrees to sell you a chocolate bar at a specified price.

Your job as a cashier pays you at the provincial minimum-wage rate.

You are arrested for underage drinking in a public park.

You sue a doctor for causing you extensive throat injury while operating to remove your tonsils.

Your parents have divorced and agree on issues related to custody and support payments.

Your parents are considering buying a new home or leasing a new apartment.

You attend a demonstration and are arrested for unlawful assembly.

Homework P. 12 #1-5