Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Business Law in Canada, 7/e Chapter 1 Introduction to the Legal System 1-1
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 What Is Law? Difficult to come up with a definition for law Definition is affected by: History Theory Legal System in Place Social Realities 1-2
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Philosophical Basis of Law LAW IS: Natural Law Theory What God Says It Is Based on Morals Legal Positivism What the Ruler Says It Is No Moral Basis Legal Realism What the Courts Say It Is Social Moral Values 1-3
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Definition of Law Law is the body of rules that can be enforced by the courts or other government agencies 1-4
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Categories of Laws Substantive Law The rules that govern behaviour and set limits on conduct Procedural Law How rights and obligations are enforced Continued on
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Categories of Laws/2 Public Law Regulates our relationship with government Private Law Regulates personal, social and business relationships 1-6
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Civil Law Legal System Roman Law - Justinian Codified Modified by Napoleon Used in Europe and most developing countries Quebec’s legal system is based on the French Civil Code 1-7
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Common Law Legal System Great Britain and Commonwealth Judge-made Law Developed in the Courts Based on precedent or stare decisis judges are bound by previous decisions of higher courts 1-8
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Sources of Law Common Law the precedent-making decisions of the courts of Great Britain Law of Equity decisions made by Court of Chancery Statutes Laws created by legislative bodies 1-9
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Statute Law Statute Law Legislation overrides common law or judge- made law Often summarizes or modifies common law. For example: Criminal Code Trespass Act Includes government regulations 1-10
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 The Law in Canada Constitution Act, 1867 – Division of Powers Statute of Westminster (1931) Constitution Act (1982) The Canadian Charter of Rights and Freedoms 1-11
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Conventions Canada inherited certain conventions or traditions from Britain For example: Democratic parliamentary system Rule of Law Principles established in the Magna Carta and the English Bill of Rights 1-12
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Constitution Act (1867) Formerly known as British North America Act Sections 91 and 92 divide powers between federal and provincial governments Structure of the judicial system 1-13
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Question for Discussion Canada’s constitutional structure is essentially different from Britain’s because it consists of the federal government and ten provincial governments each with power to act in their own jurisdiction. What impact does this have on businesses operating within and between provinces? 1-14
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Constitution Act (1982) Lists government enactments having constitutional status Ends ties with British Government Establishes amending formula for constitutional change Charter of Rights and Freedoms 1-15
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Human Rights Legislation Traditionally common law and custom protected human rights and individual freedoms Legislation now protects individuals against human rights violations in social and private relationships Canadian Bill of Rights attempted to protect individuals from abuses by government 1-16
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Charter of Rights and Freedoms 1-17 Continued on 1-18 Entrenches individual rights Protects individuals from infringement on their rights by governments or their agents
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Charter of Rights and Freedoms/2 Limitations on Charter rights Section 1 - interference with right must be justifiable in a free and democratic society Section 33 - legislatures can pass acts that infringe on rights “notwithstanding” the Charter but legislation must be reviewed every 5 years 1-18
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Personal Freedoms Democratic RightsMobility Rights Legal RightsEquality Rights Language Rights 1-19
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Human Rights Legislation Canadian Human Rights Act – federal legislation Provincial human rights acts – protect private relationships Must comply with Charter Tribunals hear complaints 1-20
Copyright © 2005 Pearson Education Canada Inc. Business Law In Canada, 7/e, Chapter 1 Question for Discussion Consider the principle of supremacy of Parliament and the limitations placed on Parliament by the Charter of Rights and Freedoms. Is it appropriate for the Courts to have the power to declare some legislation invalid? 1-21