SOURCES AND CATEGORIES OF LAW UNIT 1 (Chapter 2)

Sources of Canadian Law Primary Sources: Religion and Morality Historical Influences Customs and Conventions Social and Political Philosophy Secondary Sources of Canadian Law The Constitution Statute Law Case Law

Primary Sources of Canadian Law 1. Religion and Morality Judeo-Christian influence (God) Morality: Right vs. Wrong behaviour (As determined by society)

Primary Sources of Canadian Law 2. Historical Influences Greeks (participation, jury) Romans (written codes, lawyers) Aboriginal (consensus, constitution) British (case law, rule of law) French (civil code) https://www.youtube.com/watch?v=oDAL XORbtR4

Primary Sources of Canadian Law 3. Customs and conventions Laws are supported by established ways that society has of doing things. These practices often find their way into the laws.

Primary Sources of Canadian Law 4. Social and Political Philosophy These change over time and new laws must address these changes. Tied to changing societal values

Secondary Sources of Canadian Law 1. The Constitution The supreme law of the land body of law which deals with the distribution and exercise of gov’t powers. Overrides statute and case law Make sure all law consistent with the Constitution. If a law violates the constitution it may be thrown out by the courts. (Ex. Abortion law) Constitution is referred to as the Constitution Act of 1982(formally BNA Act)

Secondary Sources of Canadian Law 2. Statute Law Made by Federal and Provincial legislatures Gives lawmaking power to democratically elected reps refers to a law or act passed by government. Statutes override common law….if there is no statute then the common law applies.

Secondary Sources of Canadian Law 3. Case Law or Common Law Evolves through decisions by judges The highest court to make a decision will set a “precedent” that all similar cases must follow. Case Law can be changed by new Statute Law, but both must defer to Constitutional Law.

Categories of Law Substantive and Procedural Law Domestic and International Law Public and Private Law

Categories of Law Domestic Law Applies within the boundaries of a nation Can be enforced by the government and interpreted by domestic court authority In Canada, this process is carried out within the democratic process

Categories of Law International Law Consists of agreements between nations, often through an international body such as the UN Difficult for all countries to agree on these laws Even more difficult for these laws to be enforced, due to political factors

Categories of Law Substantive Law Identifies the rights and duties of a person or level of government

Categories of Law Procedural Law Outlines the methods or procedures that must be followed in enforcing substantive laws

Categories of Law Public Law Refers to those laws which apply to dealings between individuals and the state Includes branches of constitutional law, administrative law, and criminal law

Categories of Law Private Law Refers to those laws that apply to dealings between private individuals or organizations Also referred to as “civil law” Includes tort, property, contract, estate, corporate, consumer and family law

Figure 2.8 Categories of Law, p. 45 Private law is divided into tort law, contract law, family law, wills and estates law, property law, and employment law.