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

Agenda 1. Secondary Sources of Law – Part 1 1. Secondary Sources of Law – Part 1 2. Take-up Re Resolution to Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s Take-up Re Resolution to Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s Hwk read Jantunen v. Ross (1991), 85 DLR (4 th ) 461, (Ont. Div.Ct.) p.52 & do ?’s 1-3 on p Hwk read Jantunen v. Ross (1991), 85 DLR (4 th ) 461, (Ont. Div.Ct.) p.52 & do ?’s 1-3 on p.53

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 Current laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges Current laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges

Secondary Sources of Law Lawmakers – MP’s and MPP’s Lawmakers – MP’s and MPP’s Have parliamentary supremacy Have parliamentary supremacy Judges – appointed not elected Judges – appointed not elected Judicial independence Judicial independence

Secondary Sources of Canadian Law Constitutional Law (eg. Constitution Act, 1982) Statutes or Acts (eg. The Criminal Code) Case or Common Law (eg. R v. Robertson and Rosetanni) © Lindsay

Secondary Sources of Law British North America Act (BNA) 1867 British North America Act (BNA) 1867 Created Canada Created Canada Preamble - Canada was to have “a Constitution similar in Principle to that of the United Kingdom” Preamble - Canada was to have “a Constitution similar in Principle to that of the United Kingdom” So Canada started off inheriting the customs, conventions, values and principles of law from U.K. So Canada started off inheriting the customs, conventions, values and principles of law from U.K.

Secondary Sources of Law Over years, constitution amended several times by act of British parliament (pre- 1982) Over years, constitution amended several times by act of British parliament (pre- 1982) Constitution Act, 1982 patriated the constitution and created Canadian Charter of Rights and Freedoms (which is part of updated constitution) Constitution Act, 1982 patriated the constitution and created Canadian Charter of Rights and Freedoms (which is part of updated constitution)

Secondary Sources of Law S.52 of Constitution Act – strike down if violates Charter S.52 of Constitution Act – strike down if violates Charter Supreme Supremacy? Supreme Supremacy?

Secondary Sources of Law Statute Law – any law passed by the federal or provincial government Statute Law – any law passed by the federal or provincial government Bylaw – any law passed by a municipality Bylaw – any law passed by a municipality Three Main Stages (federal) Three Main Stages (federal) House of Commons House of Commons Senate Senate Governor General Governor General

Secondary Sources of Law House of Commons stages House of Commons stages Introduction & first reading Introduction & first reading Second reading Second reading Second reading debate – main features debated but no amendments allowed Second reading debate – main features debated but no amendments allowed Referral to committee – detailed examination Referral to committee – detailed examination Report stage – recommends any amendments Report stage – recommends any amendments Third reading – house vote held Third reading – house vote held

Secondary Sources of Law Senate stages Senate stages Same as House of Commons stages Same as House of Commons stages

Secondary Sources of Law Governor General Governor General Comes into force through Royal Assent, or Comes into force through Royal Assent, or Later on a date stated within the Bill or proclaimed later Later on a date stated within the Bill or proclaimed later

Secondary Sources of Law (Extra-Time) Read page 51 “An Aboriginal View of the Canadian Constitution” Read page 51 “An Aboriginal View of the Canadian Constitution” Class discussion of questions Class discussion of questions

Secondary Sources of Law Statutory Interpretation Statutory Interpretation Judges interpret laws or statutes through cases referred to them Judges interpret laws or statutes through cases referred to them Certain rules help judges interpret statutes Certain rules help judges interpret statutes Purposeful problem correction Purposeful problem correction Definitions or preamble of statute Definitions or preamble of statute Legal dictionaries Legal dictionaries Legal scholarly articles Legal scholarly articles

Secondary Sources of Law (Extra-Time) Read “Can a Waiter’s Tips Be Considered Wages” page 53 Read “Can a Waiter’s Tips Be Considered Wages” page 53 CLASS DISCUSSION CLASS DISCUSSION

Secondary Sources of Law Precedent means a previous case already decided by a court about the same issue Precedent means a previous case already decided by a court about the same issue Stare Decisis – “to stand by the decision” means that the precedent from an equal or higher court must be considered (and followed unless it can be distinguished) when ruling on a case in similar circumstances Stare Decisis – “to stand by the decision” means that the precedent from an equal or higher court must be considered (and followed unless it can be distinguished) when ruling on a case in similar circumstances Who can override precedent and how? Who can override precedent and how? Two possibilities… Two possibilities…

Secondary Sources of Law Lawyers and Judges prepare for court cases by reading relevant case law & statutes Lawyers and Judges prepare for court cases by reading relevant case law & statutes Also, by reading textbooks or articles on subject which are often a useful summary of the law Also, by reading textbooks or articles on subject which are often a useful summary of the law

Poking Fun at the Legal Department

Homework Hwk read Jantunen v. Ross (1991), 85 DLR (4 th ) 461, (Ont. Div.Ct.) p.52 & do ?’s 1-3 on p.53 Hwk read Jantunen v. Ross (1991), 85 DLR (4 th ) 461, (Ont. Div.Ct.) p.52 & do ?’s 1-3 on p.53