Sources of Law in Canada

Slides:

Advertisements

Similar presentations

The Levels of Government

Advertisements

The Plan… 12 Sept 2013  Talk about the test  What went ‘right’, what went ‘wrong’  What can I do better next time, and what can you do differently…

+ Classifying Law. + Sources of Canadian Law Common Law – from previous legal decisions Also called case law because sources include judge’s decisions.

Where do our Laws Come From?. “Law” can best be described as a legal iceburg – a small portion is visible and easily described, but a large portion is.

The relationship between parliament and the courts.

History of Constitutional Law in Canada

Classifying Law Chapter 2:. Sources of Law in Canada Canadian Laws originate from three sources: ◦The Canadian Constitution- Constitutional Law ◦Elected.

The Pillars of Canadian Law

Constitutional Law CLN4U. Constitution A legal framework or guideline that: A legal framework or guideline that: Establishes how power and authority within.

 The Canadian legal system has its foundation in the British common law system  Quebec, however, still retains a civil system for issues of private.

4.5 THE EFFECT OF STATUTORY INTERPRETATION KEY CONCEPT Judges will often be required to interpret a statute in the process of arriving at a decision in.

COMMON LAW, CASE LAW AND PRECEDENT

Unit 1 - Constitutional History of Canada Mr. Andrez

Canada’s Constitution

C HAPTER O NE Introduction to the Legal System. In Canada laws are made by our elected representatives or by the courts The process of passing a bill.

SOURCES AND CATEGORIES OF LAW

Classifying Law Chapter 2. Sources Of Law English Common Law – aka. Case law or judge-made law. Combined with the law of equity, Canadian courts follow.

Introducing Our Canadian Government. What system of government does Canada have ? Federal system of government This means 2 levels of government were.

Sources of Law Chapter 5. Introduction American legal system is based on English law  Colonists who first came to the US were governed by the English.

Canadian History XI. Defined in Oxford English Dictionary as follows: Noun 1) A body of fundamental principles or established precedents according to.

Understand the origins of law. SOURCES OF AMERICAN LAW.

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.

Chapter 2. In Canada laws originate from three sources: 1.previous legal decisions (common law), 2.elected government representatives (statute law), 3.Canadian.

Chapter Three Laws: Their Sources. Constitutional Law The federal government and each state have constitutions. Constitutions are documents whose primary.

Secondary Sources of Law

Unit A: Basics of the Law Understand the origins of law. 1.01b SOURCES OF AMERICAN LAW.

SOURCES AND CATEGORIES OF LAW

Ch The Role of the Federal Courts. Laws and Courts Legal conflicts are resolved by courts of law Legal conflicts are resolved by courts of law Apply.

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

Classifying Law Sources of Canadian Law. What do you think? 1.Which of these situations involve law? 2.Explain how the law is involved in the situations.

BASIS of Law in Canada Modern influences. Laws in Canada are created and influenced by 3 different methods or sources. 1.Statute Law 2.Common Law 3.Constitutional.

Sources of Law in Canada 1.Common law (also called case law)  Has its roots in the early unwritten law of England.  Common to all  Comes from previous.

The Canadian Constitution: Jurisdictional Powers.

Classifying Law Chapter 2. Sources Of Law English Common Law – aka Case law. English Common Law – aka Case law. Laws based on the decisions of previous.

Copyright © 2008 Pearson Education Canada2-1 Chapter 2: Introduction to the Legal System.

Sources of Law in Canada

Sources of Law CLU3M Mr. Menla. Sources of Law in Canada In Canada, law originates from 3 sources: 1.Canadian Constitution  Constitutional Law - E.g.:

 The Charter was significantly inspired by documents such as the 1948 United Nations Universal Declaration of Human Rights  Passed by the United Nations.

Objective 1.00 Understand the Origins of Law SOURCES OF AMERICAN LAW.

Sources of the Canadian Legal System

Section 1.1 The Foundations of Law Section 1.1 The Foundations of Law Morality refers to a society’s values and beliefs about right and wrong. Ethics.

THE CONSTITUTION Canada’s Legal Identity. To Be or Not To Be (Written)!  constitutions: “power maps” or highest law of the land  can be unwritten: can.

An answer is given on the slide following each question. Module 1: Check Your Understanding.

Chapter Two Classifying Law. Key Terms and Concepts administrative law p. 43 administrative law p. 43 bylaws p. 37 bylaws p. 37 civil law p. 44 civil.

Common Law Aka “Case Law” Decisions made by previous judges. Rule of precedent (what has been done in the past.

V. SOURCES OF LAW APPLICABLE TO FLORIDA CRIMINAL PROCEEDINGS

Commercial & Property Law

Primary and Secondary Sources of Canadian Law

Classifying Law Chapter 2.

SOURCES AND CATEGORIES OF LAW

2.1 – classifying law LAW 12.

CHW3U - Law Unit 1 History of the Law. PP#5

CONSTITUTIONAL LAW.

The Supreme Court and Inferior Courts

Sources and Types of Law in Canada

CONSTITUTIONAL DOCUMENTS

The Role of the Federal Courts

Source: Canadian and International Law

The relationship between parliament and the courts

The Structure of Canada’s Government

Classifying Law.

Relationship Between The Courts and Parliament in Law Making

The Pillars of Law.

SOURCES AND CATEGORIES OF LAW

The Five Parts of the Canadian Legal System

Government Structures

Constitutional Law CLN4U

The Canadian Constitution:

THE CHARTER OF RIGHTS AND FREEDOMS AND THE COURTS

Presentation transcript:

Sources of Law in Canada

In Canada, laws come from 3 sources: Constitutional Law (overrides all other laws Statute Law (can override common law) Common Law In Canada, laws come from 3 sources: 1. Canadian Constitution = Constitutional law 2. Elected Gov’t Representatives = Statute law 3. Previous legal decisions = Common law

Common Law: This means that the law is “common to all” – sometimes called English Common Law Also sometimes called “Case Law”- its sources include decisions made by judges in previous cases called “precedents” Common Law is constantly evolving as judges decide new cases on old decisions Cdn. Courts follow the legal principle known as “stare decisis”…relying on similar decision made in other courts to determine similar cases

Lawyers rely on these precedents to argue their cases But…Judges may reject old precedents and create new ones – this is called “distinguishing a case”

Statute Law These are laws passed by elected representatives in the form of “Acts” – these Acts become laws when they pass through Parliament or a Legislature Most of our laws are actually statutes – common law decisions that have been “codified” Statutes override common law, but if no statute exists, then common law will prevail So…when a Judge interprets and applies a statute, that decision sets a precedent…and from that point on, similar cases are interpreted in a similar way

Lawyers on both sides of a case look for precedents that will help their clients Each level of govt. has the power to make laws within its area of political jurisdiction e.g: Federal Govt. – criminal law, fed. Prisons, EI, banking and currency, marriage, divorce, mail… Provincial Govt. – hospitals, police forces, schools, highways… Municipal Govt. – firefighting, by-laws… Aboriginal Self-Govt. – can make laws that apply to reserves…

Constitutional Law: The Canadian Constitution is a document that determines the structure of the federal govt. and decides law-making powers between the levels of govt. This law limits the powers of the govt. This law overrides all others in Canada - When the Courts interpret laws, they must ensure they are consistent with the Constitution - If the law violates the Constitution it will be “struck down” as “unconstitutional”