 The Canadian legal system has its foundation in the British common law system  Quebec, however, still retains a civil system for issues of private.

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Presentation transcript:

 The Canadian legal system has its foundation in the British common law system  Quebec, however, still retains a civil system for issues of private law.  Both legal systems are subject to the Constitution of Canada.

 Statute law is written law set down by a legislature  Statutes may originate with the federal or provincial legislatures or local municipalities.  Statutes of lower jurisdictions are subordinate to the law of higher.  Each level of government can only write laws within its’ jurisdiction

 The national Parliament has power “to make laws for the peace, order and good government of Canada,”  These include criminal law, defence, penitentiaries, employment insurance, banking, currency, marriage, divorce, and postal services

 The provincial parliaments have jurisdiction over:  Police & Provincial Prisons  Hospitals  Municipalities  Licensing  Solemnization of Marriage  Property  Provincial Courts  Natural Resources  Education  Roads & Highways

 The most important local governments are municipal government.  The provinces have exclusive jurisdiction over municipal affairs, under the constitution.  The Municipal Act is a consolidated statute governing the extent of powers and duties, internal organization and structure of municipalities in Ontario.

 Indian bands can have a range of governmental powers over reserve lands under the federal Indian Act.  Other Aboriginal governments, such as self-governments, exercise governmental powers as a result of specific agreements negotiated with the federal and provincial or territorial governments.

 Canadian constitutional law involves the interpretation and application of the Constitution of Canada by the Courts.  All laws of Canada, both provincial and federal, must conform to the Constitution  A law may be challenged on its validity, applicability, or operability.  Any laws inconsistent with the Constitution have no force or effect.