Unit 1 / Chapter 1 REVIEW

CHAPTER 1 / UNIT 1 Overview - review Introduction What is law and why do we have it? The division of law Early history of law Development of Canadian Law How laws are made in Canada Canada and International Law CHAPTER 1 / UNIT 1 Overview - review

Where would we be without laws? Chaos Lawless ness Lack of security Lack of peace Violence Unfairness CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Introduction 1.1 Every country has a history and culture that have shaped it’s laws and punishments. What is legal in one country is not always legal in another. You can learn a lot about a country from it’s laws. Canada is a democracy. It’s citizens elect law makers who make laws that suit the majority of Canadians Laws are always changing CHAPTER 1 / UNIT 1 Overview - review

What is law and why do we have it? 1.2 Hockey with no rules Football with no rules Court houses with no rules Driving with no rules Why have rules? Peace Able to get on with other people Understand your place in society! CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Rules vs. Laws! Rules (micro) You have rules of a game. These rules only apply to that game and to those people during the game. You join a school. You have rules to follow Each school is different Uniforms!!!!! Law (Macro) Apply to members of society all of the time. Made by the government Any one that lives in that society must adhere to the law. Speed limits Drugs CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review The function of laws Settle disputes peacefully and fairly Establishing rules of conduct Laws that we use every day to have a safe environment. Speed limit Age to drive Protecting rights and freedoms Must be able to be enforced CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review The function of laws - continued Protecting people Labor conditions Working hours and salaries Must work to a contract CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review 2 types of law 1. Substantive law Substantive laws are 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 CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Divisions of Law 1.3 CANADIAN LAW Substantive Law (Statute and Case Law) Procedural Law Public Law Private (Civil) Law Family Law Tort Law Labour Law Criminal Law Constitutional Law Administrative Law Contract Law Property Law CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review 2 Types of Law Continued 2. Procedural law This is all the rules of the law CHAPTER 1 / UNIT 1 Overview - review

Substantive Law - Public i) Criminal Law Set of rules passed by government Offences against society Murder, rape, kidnapping, assault etc… Punishments are found in the criminal code When a crime has been committed then the accused and society are represented by lawyers Society is represented by the crown CHAPTER 1 / UNIT 1 Overview - review

Substantive Law - Public ii) Constitutional law Power is divided among the 3 levels of government Federal Provincial Local All in the constitution act 1982 CHAPTER 1 / UNIT 1 Overview - review

Substantive Law - Public iii) Administrative law Relationship between citizens and government agencies E.g.: liquor control boards and consumption licenses at the bar. CHAPTER 1 / UNIT 1 Overview - review

Substantive Law Private/ Civil law Relationships between private citizens and organizations and or other private citizens. Plaintiff Person who wants to go to court Defendant Person who is being sued. It is possible for the same incident to have both criminal and civil action e.g.:Plane crashes 1. Private plane, not well looked after {Civil} 2. Intoxicated. Criminal CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Made up of : Family Law Relationships, child support etc… Contractual Law Legal binding of partnership etc… Tort Law Wrongs, breach of contracts etc… Property Law Anything of cash value Labor Law Work ethics or labor disputes etc… CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Early history of Law 1.4 Years ago, society was much smaller. Therefore all the rules were word of mouth Now days, there are to many people, thus rules need to be written down. Therefore the famous rule book was made: The code of Hammurabi Moses and Mosaic law Roman law CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Code of Hammurabi Hammurabi was a famous king who ruled Babylonia (Iraq) 3800 years ago. He took about 300 laws and just wrote them down so that his people could understand them. He had them calved in pillars of stone One of them was unearthed in 1901 by a tappiologets. It was based on the premise of retribution. Eye for an eye was the way to go. Death penalty had to have panel of Judges Other offences were simply matched to what ever punishment was deemed fit for the crime. CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Mosaic Law Centuries after Hammurabi died, Moses gave laws to the Hebrew people Many were similar to Hammurabi Set out in the first 5 books of the old testament CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Mosaic Law Came in the form of the 10 commandments on mount Sinai Forbid things like Killing. Adultery bearing false witness Punishments were severe Adultery = stoning to death CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Moses and Mosaic Law Centuries after Hammurabi Laws given to Moses – make up the first five books of the Old Testament (613 laws or ‘mitzvot’) – including the ‘Ten Commandments” Holds a central position in both the Jewish and Christian faiths Punishmens of Mosaic law were severe Student Activity: (Handout) Compare and contrast Code of Hammurabi and Mosaic Law CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Roman Law Began in early Rome and was the basis of western European law except, for England. As the Roman empire grew, so too did the number of laws, thus a whole profession devoted to the study of legal matters was created. This marked the beginning of the role of the modern day lawyer. CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Roman Law Roman Empire (100CE – 500CE) Began by early Romans – became the basis of law for Western Europe (except England) As the Roman Empire grew so did the complexity and number of its laws New profession devoted to the study of legal matters developed - Law Byzantine emperor Justinian (527-564CE) codified 1000 years of Roman law to create the “Justinian Code” Laws emphasized equality – that the law should be fair and just, and that all people are equal under the law, regardless of their wealth or power CHAPTER 1 / UNIT 1 Overview - review

Napoleonic Code Napoleon Bonaparte - 1804 French Civil Code Established civil law (French law based in both Roman law and the Justinian Code) Emphasized equality and justice Napoleon conquered much of Europe during the early 1800 Napoleonic Code therefore became the model for many European countries Today is the basis of law in many modern democratic countries including Canada (Quebec CHAPTER 1 / UNIT 1 Overview - review

Development of Canadian Law 1.5 Based on laws of France and England, the countries that colonized Canada Differences between them French law was codified and written down and English was not until quite late CHAPTER 1 / UNIT 1 Overview - review

Feudalism and Common Law 1066 C.E. William, Duke of Normandy invades and conquers England William becomes King of England Introduces feudalism a system of government where all the land belongs to the king and is divided up among his lords / nobles in return for loyalty and military service CHAPTER 1 / UNIT 1 Overview - review

Feudalism and Common Law 1066- William the Conqueror introduces feudalism to England King owned all the land, divided it between his lords and nobles, who became the kings vassal’s and promised him loyalty and military service lords then had vassals who farmed and gave part of their produce to King and Church basis for modern property law each lord ran his own judicial system over his vassals until William appointed judges who travelled (assizes) and held trials on controversial or disputed cases; they met regularly in London, and by the 13th century, the law and it’s punishments had been somewhat regulated basis for modern common law CHAPTER 1 / UNIT 1 Overview - review

Law within the Feudal System Common Law Lords (Nobles land) Manor / Estate Lord ran estate as he saw fit also the judge Within the manor courts there was much injustice People could appeal their case to the king where it would be heard in an assizes (country court / kings court) By the 13th century some judges were appointed to travel throughout England - Assizes (country courts) They developed regular punishments for specific crimes – forming the basis of English common-law This new system was more ‘just’ therefore earning new respect This common-law system was introduced to North America by colonists CHAPTER 1 / UNIT 1 Overview - review

Common Law and Precedent Rule of Precedent (When something has been done that can later serve as an example or rule for how other things should be done) Came about when a case and its decision became common knowledge in the English legal community Result – All judges who heard cases with similar facts would give similar decisions Established standards for judging offences Originally relied on judges’ memory – unwritten law Now all judgments are recorded and published – Case Law Introduces a degree of certainty into the law CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review There are a few terms we need to know Precedent Case Law Rule of law Parliament and statute law CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Precedent To set a precedent is to do something that in time to come will be the new rule for how things should be done! Hence when similar cases are managed there would be similar consequences etc… Lawyers use this in the hope of swaying the judge to reach a similar decision ! CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Case Law Each recorded case is given a title or citation Provides basic information on the case Who is involved in the case Is case public or private (civil law) Year court decision was reached Which court heard the case Name of court reporter Intended to be easily retrievable in a law library Student Activity: Textbook page 15-16, In partners, read both cases and complete the discussion questions CHAPTER 1 / UNIT 1 Overview - review

Case Law – citation format Elements of a Criminal Citation Elements of a Civil Citation R. v. Bates (2000), 35 C.R. (5th) 327 Ont. C.A.) Regina or Rex (Latin for “queen” and “king”) represents society verses (latin for against) defendant (accused) Year of decision Vol. # Name of reporter where case is reported (e.g. Criminal Reports series Page # Jurisdiction (federal, provincial or territory) and court (e.g. Ontario Court of Appeals Langille et al. v. McGrath (2000) 233 N.B.R. (2nd) 29 (N.B.Q.B) Plaintiff and others (Latin et alia for “and others”) verses (latin for against) defendant (accused) Year of decision Vol. # Name of reporter where case is reported (e.g. New Brunswick Reports) series Page # Jurisdiction (federal, provincial or territory) and court (e.g. N.B. Court of Queen’s Bench) Make note of the case citations for both cases presented on page 16 of text book CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review The Rule of Law King John (1199-1216) considered himself above the law Abused the power of his position (Nobility, clergy and freemen) forced King John to sign the Magna Carta (Great Charter) in 1215 Magna Carta recognizes the principle of the rule of law King John and all other rulers to follow are subject to the law Equality before the law Habeas corpus – all have the right to appear before a court within a reasonable time – released or tried by own peers CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Magna Carta 1215 CE Examples: no free man could be imprisoned “except by the lawful judgment of his peers and by the law of the land” No Forcing widows to remarry No forcing villagers to build bridges over rivers No forcing knights to pay money to excuse themselves from guarding castles No confiscating the horses or carts of freemen No helping themselves to firewood that did not belong to them CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Rule of Law continued Canadians are governed by the rule of law Every dispute must be settled by peaceful means, either by discussion and negotiation or by due process in the courts Not allowed to settle disputes with violence Government officials are not permitted to change or make up the rules without consulting anyone else Our society believes that the concept of “might” is not right CHAPTER 1 / UNIT 1 Overview - review

Parliament and Statute Law 50 years after the signing of the Magna Carta, in 1265, a group of nobles revolted against the king – demanding reform to the English legal process Wanted less power for the king and more power for themselves Resulted in representatives from all parts of England being brought together to form the first parliament Over the next 400 years, Parliament struggled for power with the monarchs of Britain CHAPTER 1 / UNIT 1 Overview - review

Parliament and Statute Law Parliament eventually replaced the king More people in power rather than one person Statute law Means to pass laws Remember as society changes so to do the laws governing it CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review BNA Act - 1867 British North American Act – 1867 Outlined the powers of the Canadian government to make laws and establish the levels of government for making law (federal / provincial) CHAPTER 1 / UNIT 1 Overview - review

Development of Canadian Constitution Federal and provincial governments were suspicious of each other Constitution Act 1982 Canada given an amending formula – ability to change our own constitution = complete independence from Britain Canadian Charter of Rights and Freedoms Our road to independence Supreme Court of Canada – 1949 Established and becomes Canada’s highest court Statute of Westminster – 1931 British Statute – Giving Canada control over its foreign affairs BNA Act - 1867 (British North American Act) – British Statute Dominion of Canada formed British Privy Council – Canada’s highest court Little control of our affairs (foreign) Defined areas of federal and provincial jurisdiction (federal more powerful) – only 2 CHAPTER 1 / UNIT 1 Overview - review

Bringing Home the Constitution - 1982 Canada could not change the BNA Act, 1867 since it lacked an amending formula – (being a British Statute) The BNA Act, 1867 was renamed the Constitution Act, 1867. That in addition to the amending formula and the Canadian Charter of Rights and Freedoms makes up the Constitution Act, 1982. Pierre Trudeau re-patriated (brought home) the Constitution without support of all provinces all except Quebec agreed in 1982 CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review The Constitution A written document that sets down all the important rules for how a country operates CHAPTER 1 / UNIT 1 Overview - review

The Canadian Charter of Rights and Freedoms Guarantees rights to all Canadians (since 1982) Citizens can make a case that their rights are being denied Rights vs. privileges Driving is a privilege, earned, and can be revoked CHAPTER 1 / UNIT 1 Overview - review

Amending Formula Today Amendment Who must agree Changing the roles of the Queen, GG, L-G Changing the use of English or French nationally Changing the Supreme Court Changing the amending formula The federal government and all ten provinces Changing the borders between provinces Changing the use, provincially, of English or French The federal government and the affected provinces Changing the Senate or the H of C The federal government All other changes The federal government and seven of the ten provinces representing at least 50% of the population CHAPTER 1 / UNIT 1 Overview - review

Federal Powers Constitution Act – 1867 (Section 91) POGG Gave federal government power to enact laws that were needed to maintain POGG 2 main powers: any genuinely new power not set out in the BNA act veto provincial powers in national emergency Criminal Law Unemployment insurance Banking, currency, and coinage Federal penitentiaries Marriage and divorce Postal services Aboriginal peoples and their land CHAPTER 1 / UNIT 1 Overview - review

Provincial Powers (Section 92) – Constitution Act - 1867 Property and civil rights Marriage ceremonies Police forces and provincial courts Highways and roads Provincial jails hospitals CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Municipalities not outlined in the Constitution Act, 1982 Creations of the province – subject to provincial law/rule Sewage and garbage disposal Roads, sidewalks, snow removal Street lighting, parks Libraries, public transportation, pools and arenas Local police and firefighting CHAPTER 1 / UNIT 1 Overview - review

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CHAPTER 1 / UNIT 1 Overview - review Government Bills / Statutes – Federal The process through which an idea becomes a law First Reading Second Reading Committee Report Stage Third Reading More discussion and debate in the House of commons Bill is read To the House Of Commons No discussion No debate No Vote MPs may question and debate new bill Vote An Idea Awareness that something needs to change May begin with Any MP Draft up a new Policy which is Checked by Lawyers This is a bill Studied clause by clause by a standing committee of MPs from all parties Public and expert input Vote and make changes VOTE In H of C Senate Federal level only Follows same process (3 readings) - vote Any changes – sent back to the H of C Royal Assent Signed by the GG or Queen – turns bill into an ‘act’ which turns it into law CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review

Government Bills - Provincial Cartoon clip Similar process to federal process Occurs in the Provincial Legislative Assembly (Ontario – Queen’s Park) Involves MPPs (3 readings) Does not involve the Senate (0 readings) Must be signed by the Crown (Lieutenant-governor) CHAPTER 1 / UNIT 1 Overview - review

Government Bills / Bylaws - Municipal Similar process to that of a federal bill Occurs at a City Hall City councilors (Elected City Council) Signed by the mayor CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Canada and International Law CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Globalization The transformation of the world into a global community Trade alliances Electronics / technology CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Globalization Legal consequences: Interactions among nations have become more complex Resulted in more disagreements International law governs relationships between states. States must agree to follow rules of international law when they form relationships with each other. CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review What is a State? A group of people Is recognized as an independent country Has territory ruled by a sovereign (independent government) that can enter into relationship with other states Canada is one of 195 sovereign states in the world today 192 members of the UN U.S. State Department recognized 194 States (exception – Taiwan) CHAPTER 1 / UNIT 1 Overview - review

International Law – 3 Types Customary Law practices states follow consistently which they assume are obligatory Not actual written codes but found in the written judgments in international law cases Treaty Law Binding agreements , freely entered into by states Resolutions “soft law” (lack the force f customary or treaty law) Purpose – can be adopted quickly CHAPTER 1 / UNIT 1 Overview - review

Customary Law- Principles Sovereignty a nation’s absolute power to govern itself Control over its territory to the exclusion of other states Recognition Sovereign nations must be recognized by other states Consent States are bound by new international laws only after they freely give consent Good Faith States expected to conduct their affairs with reasonableness and common sense – in how they interpret and use international law CHAPTER 1 / UNIT 1 Overview - review

Customary Law- Principles cont. Freedom of the Seas States cannot claim ownership of any portion of the high seas – and airspace above the high seas International Responsibility A state that does not meet an international obligation has committed a wrongful act. It may face criminal penalties Self-Defence A threat of use of force against other states is unlawful (UN). International law recognizes a that states have the right to defend themselves against hostile act Humanitarianism Respect for the interests of humankind – famine or disaster relief CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Treaty Law Binding agreements , freely entered into by states 5 step process – see page 24 (textbook) Charter Treaties that establish international organizations Conventions Treaties that are negotiated by many countries, to which all countries of the world may become partners Protocols Treaties that add to earlier treaties on the same topic CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Treaty Law continued Treaties – main method of dealing with international problems and conflict Territory – ban further seizure of territory Diplomatic Law and Immunity – states carry on their relations through diplomats and envoys – privileges Protection of Nationals Abroad – Foreign nationals are entitled to protection of life, liberty and property. International law recognizes a state’s right to seize and nationalize property in national interest CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Treaty Law continued Extradition and Asylum- extradition treaties let nations bring home people who are trying to escape justice International Trade – international trade agreements (NAFTA Arms Control – banning the testing of nuclear weapons, CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Resolutions “soft law” (lack the force f customary or treaty law) Purpose – can be adopted quickly Can form the basis for later treaty negotiation CHAPTER 1 / UNIT 1 Overview - review

International Organizations Developing and applying international law Resolving disputes between states United Nations (1945) Not the world government Does not have sovereign authority to make laws Passes resolutions 192 nation members CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review General Assembly Each nation gets 1 vote 2/3 majority makes a decision on major matters Cannot demand actions but its resolutions carry strong moral authority CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review Security Council Responsible for maintain peace and security 15 members, 5 of which are permanent members (china, U.S., France, Great Britain and Russia) Have Veto power CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review International Law Based on principles, rather then on exact wordings Takes into account the generally accepted practices of judicial systems around the world Deals only with disputes between countries, not individuals An individual cannot bring a complaint against a country CHAPTER 1 / UNIT 1 Overview - review

The International Court of Justice Established by the UN in 1945 in The Hague, Netherlands 15 judges, elected by the General Assembly and the Security Council To maintain peace and security, and to develop friendly relations among nations. Settles cases involving international borders, diplomatic relations, the right of the country to handle international affairs as it deems fit CHAPTER 1 / UNIT 1 Overview - review

CHAPTER 1 / UNIT 1 Overview - review