Unit 1 – Heritage of Law Chapter 2 – Sources and Categories of Law Secondary Sources of Law–Part 2

Agenda 1. Secondary Sources of Law - Part 2 1. Secondary Sources of Law - Part 2 2. Take-up Jantunen v. Ross (1991), 85 DLR (4 th ) 461, (Ont. Div.Ct.) p.52 & do ?’s 1-3 on p Take-up Jantunen v. Ross (1991), 85 DLR (4 th ) 461, (Ont. Div.Ct.) p.52 & do ?’s 1-3 on p Start review for test 3. Start review for test

Learning Goal for Today By the end of the lesson(s), students will be able to distinguish between primary and secondary sources of law By the end of the lesson(s), students will be able to distinguish between primary and secondary sources of law

Expectations Students will: distinguish between primary and secondary sources of law Students will: distinguish between primary and secondary sources of law CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society

Secondary Sources of Law Cont’d Substantive law – a law that identifies the rights and duties of a person or level of government Procedural law – a law that outlines the methods or procedures that must be followed in enforcing substantive laws

Secondary Sources of Law Cont’d Domestic law – a law that governs activities within a particular country Domestic law – a law that governs activities within a particular country International law – a law that has jurisdiction in more than one country by way of treaty International law – a law that has jurisdiction in more than one country by way of treaty

Secondary Sources of Law Cont’d Domestic Law can be divided first into 2 categories: Public law - government people Public law - government people Private law – regulates disputes between individuals, businesses and/or organizations (other than the government) Private law – regulates disputes between individuals, businesses and/or organizations (other than the government)

Secondary Sources of Law Cont’d Public law: Administrative law – governs relations between the people and government agencies, boards and departments Administrative law – governs relations between the people and government agencies, boards and departments

Secondary Sources of Law Cont’d Public law: Criminal law – prohibits and punishes behaviour that injures people, property, and society as a whole Criminal law – prohibits and punishes behaviour that injures people, property, and society as a whole

Secondary Sources of Law Cont’d Public law: Constitutional law consists of/sets out: Constitutional law consists of/sets out: written and unwritten laws written and unwritten laws how the country will be governed how the country will be governed distribution of powers between the federal and provincial government distribution of powers between the federal and provincial government certain important legal principles (ex. Charter) certain important legal principles (ex. Charter)

Secondary Sources of Law Cont’d Constitutional Law Constitutional Law Ultra-vires – outside jurisdiction Ultra-vires – outside jurisdiction Intra-vires – inside jurisdiction Intra-vires – inside jurisdiction

Secondary Sources of Law Cont’d Section 91 of the Constitution Act, 1867 powers/jurisdiction of the federal government (some below – write those with *) Section 91 of the Constitution Act, 1867 powers/jurisdiction of the federal government (some below – write those with *) 1. Public debt and property 1. Public debt and property 2. Trade and commerce 2. Trade and commerce 3. Raising of $ and taxation 3. Raising of $ and taxation 4. Borrowing of money on public credit 4. Borrowing of money on public credit 5. Postal service 5. Postal service 7. *National defense 7. *National defense 12. Sea Coast and Inland Fisheries 12. Sea Coast and Inland Fisheries

Secondary Sources of Law Cont’d Section 91 (cont’d) Section 91 (cont’d) 14. Currency and coinage 14. Currency and coinage 15. Banking and Paper Money 15. Banking and Paper Money 20. Legal tender 20. Legal tender 24. Indians and Lands reserved for Indians 24. Indians and Lands reserved for Indians 26. *Marriage and divorce 26. *Marriage and divorce 27. *The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, including the procedure of criminal matters 27. *The Criminal Law, except the Constitution of Courts of Criminal Jurisdiction, including the procedure of criminal matters

Secondary Sources of Law Cont’d Section 92 of the Constitution Act, 1867 powers/jurisdiction of the provincial government (some below – write those with *) Section 92 of the Constitution Act, 1867 powers/jurisdiction of the provincial government (some below – write those with *) 5. Management and Sale of Public Lands (within province) and of the Timber and Wood theron 5. Management and Sale of Public Lands (within province) and of the Timber and Wood theron 7. Establishment, Maintenance and Management of Hospitals, Asylums, Charities and Charitable Institutions for the Province, other than Marine Hospitals 7. Establishment, Maintenance and Management of Hospitals, Asylums, Charities and Charitable Institutions for the Province, other than Marine Hospitals

Secondary Sources of Law Cont’d Section 92 (cont’d) Section 92 (cont’d) 8. *Municipal Institutions in the Province 8. *Municipal Institutions in the Province 10. Local Works and Undertakings, other than 10. Local Works and Undertakings, other than (a) Interprovincial Lines of Steams or other Ships, Railways, Canals, Telegraphs, etc. (a) Interprovincial Lines of Steams or other Ships, Railways, Canals, Telegraphs, etc. (b) Lines of Ships between the Province to any British or Foreign Country (b) Lines of Ships between the Province to any British or Foreign Country (c) Works within the province declared by Parliament to be for the Advantage of Canada (c) Works within the province declared by Parliament to be for the Advantage of Canada 12. *The Solemnization of Marriage in the Province 12. *The Solemnization of Marriage in the Province 13. *Property and Civil Rights in the Province… 13. *Property and Civil Rights in the Province…

Secondary Sources of Law Cont’d Education and the Constitution Education and the Constitution S.93 – education rights are outlined in s.93 of the Constitution Act (more later… ) S.93 – education rights are outlined in s.93 of the Constitution Act (more later… )

Secondary Sources of Law Cont’d Private/Civil law plaintiff (person suing) plaintiff (person suing) defendant (person defending) defendant (person defending) “the balance of probabilities” (not proof beyond a reasonable doubt) “the balance of probabilities” (not proof beyond a reasonable doubt)

Secondary Sources of Law Cont’d Private law categories: Family law Family law Contract law Contract law Tort law Tort law Wills and estates Wills and estates Property law (including copyright and real estate law) Property law (including copyright and real estate law)

Secondary Sources of Law Cont’d Family law – governs relations among members of a family Ex. marriage, separation, divorce, child custody, adoption Ex. marriage, separation, divorce, child custody, adoption

Secondary Sources of Law Cont’d Contract law – governs agreements between people or companies to purchase goods or services

Secondary Sources of Law Cont’d Tort law – covers civil wrong and damages that one person or company causes to another, when the wrongs or damages arise independently of a contractual relationship Damage can be caused deliberately or through negligence Damage can be caused deliberately or through negligence

Secondary Sources of Law Cont’d (EXTRA-TIME) Chae v. Min, 2001 ABQB 1071 Chae v. Min, 2001 ABQB 1071 CLASS DISCUSSION ON CONTRIBUTORY NEGLIGENCE (page 60) CLASS DISCUSSION ON CONTRIBUTORY NEGLIGENCE (page 60) Decriminalizing Marijuana (page 57) Decriminalizing Marijuana (page 57) CLASS DISCUSSION CLASS DISCUSSION

Secondary Sources of Law Cont’d More private law categories… More private law categories… Estate law – regulates wills and probates, and determines what happens to a person’s property after death Estate law – regulates wills and probates, and determines what happens to a person’s property after death Property law – applies primarily to the buying, selling, and renting of land and buildings and use to which land may be put Property law – applies primarily to the buying, selling, and renting of land and buildings and use to which land may be put

Secondary Sources of Law Cont’d Property law… also applies to intangible property such as patents and copyright, stocks, bonds and other tangible property (in addition to real estate) such as jewellery, CD’s or any other personal property) Property law… also applies to intangible property such as patents and copyright, stocks, bonds and other tangible property (in addition to real estate) such as jewellery, CD’s or any other personal property)

Secondary Sources of Law Cont’d Activity – using the Ontario law report provided, find an example of a criminal law case and a civil law case Activity – using the Ontario law report provided, find an example of a criminal law case and a civil law case In reviewing the two cases, note the use of the different terminology and who the parties are that are involved In reviewing the two cases, note the use of the different terminology and who the parties are that are involved Write a few sentences comparing the differences Write a few sentences comparing the differences

Secondary Sources of Law Cont’d Private/PublicCategory Applying for a credit card Received a traffic ticket Problem crossing a border Interviewed by a Crown Attorney Pirated a song from the internet Member of Neighborhood watch Aboriginal land claims Mentioned in a will

Secondary Sources of Law Cont’d Private/PublicCategory Worked where there is a union Visit a correctional facility Phoned a government agency for information Signed a petition to protect old growth trees Has had a break-in or theft Has made a divorce settlement Property dispute with a neighbor

Secondary Sources of Law Cont’d Private/PublicCategory Paying GST and PST Writes a letter that ruins someone’s reputation Signs a lease for a car Buy out your business partner Attend a rally to protest censorship of movies

Humour Break

Homework Start reviewing for test Start reviewing for test