CLN4U Heritage 1

Thoughts Can you think of an act / behaviour that is always wrong? Why is it wrong? Is it wrong in all contexts? Has it always wrong (historically)? In all civilizations? In the future?

The Nature of the Law To provide a remedy

Jurisprudence The philosophy or science of law Includes all aspects of legal thought -legal theories, principles, concepts, institutions and historical developments on which our law is based

Sources of Law Primary:  Those sources that influence of ideas and values about law, over time  Examples include religious doctrines and social and philosophical views  Customs and conventions (agreements or arrangements that are not part of a formal contract

Primary Sources - Influences Religion: “ Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law….” Suggesting?

Primary Sources - Influences Social and Political Influences: Which do each suggest about Canadians? Canadian Charter of Rights and Freedoms We value? The Criminal Code We Value? Tax and social welfare laws We Value?Spectrum of opinions

Primary Sources - Influences Time

Secondary Sources of Law - Laws and cases that have been codified - Constitutions - Statutes - Case Law (Judicial Decisions) using the rule of precedent which provides: 1. predictability 2. Uniformity 3. impartiality

How it all impacts Canadian Law… Early legal codes  Seem harsh and sever yet demonstrate early civilizations understanding of Fairness and a capacity to reason Justinian Code → Napoleonic Code 1804 Quebec Act 1774 granted Quebec the use of civil law for all non-criminal and non- constitutional matters – Napoleonic Code Inquisitorial Trial system – Judge inquiry

How it all impacts Canadian Law… British Influence – Common law 1. Comes from Britain 2. Is common to all (applies to all subjects of the land) 3. Based on past decisions of judges Adversarial Trial system  The accused may never be called to the witness stand to explain their actions  The burden of proof rests entirely on the Crown to prove beyond a reasonable doubt the guilt of the accused  Limited role of the judge Applies to all provinces except Quebec and Federal statutes

Aboriginal Influences Oral tradition Based on principles of fairness and justice  Discouraged hierarchies and private property – a source of conflict Early settlers failed to respect the Aboriginal laws and customs Only now gaining some influence  Treaty Rights  Restorative Justice

1. Substantive law the actual laws that people must follow, and there are penalties for breaking these laws. It lists the rights and obligations of each person in society.  Divided into Public and Private law Public law controls the relationship between government and the people who live in society. E.g : Criminal Constitutional and administrative law  Private Law deals with individuals E.g : Family, tort, contractual property and labor law 2. Procedural Rules on how to create and enforce our laws 2 types of law

CANADIAN LAW Substantive Law (Statute and Case Law) Procedural Law Public LawPrivate (Civil) Law Criminal Law Constitutional Law Administrative Law Family Law Contract Law Tort Law Property Law Labour Law International LawDomestic Law