1. Law: Its Purpose and History
Chapter One
Law: Its Purpose and History

2. Focus Questions What is Law ? Why do societies have laws?
What are the historical roots of Canadian law ?
Who is responsible for law making in Canada ?
How are Canadian laws interpreted, applied and enforced ?

3. Introduction
FACT: Three of the four most-watched television shows on the major U.S. television networks are crime or law shows. WHY IS THIS?

4. What Is Law ? Why Do We Have it ?
· Most people have had direct experience with the law · Our world is governed by law · How were you affected by the law today?

5. Every country has a history and culture that shapes its laws and punishments What is legal in one country is not necessarily legal in another

6.        Laws of a society reflect the values and beliefs of the people in that society
       Law is dynamic, NOT absolute; it is always changing as values of a society change

7. WHY SHOULD WE KNOW THE LAW?
1) To be aware of your rights and responsibilities as citizens 2) You are affected by it everyday 3) Canada is a democracy which allows citizens to elect governments

8. RULES OR LAWS?
RULES: of a game or an organization apply only to participants in that game or organization; rules are optional to follow; no clear enforcement of the rules generally LAWS: of a society apply to all members of that society and visitors to that society; laws are mandatory to follow; a formal system of procedures for enforcing laws

9. If you do not like a rule, what could/would you do
If you do not like a rule, what could/would you do? If you do not like a law, what could/would you do?

10. The Functions of Law: What Laws Do for Us
Settle disputes/disagreements
Resolve disputes/disagreements through discussion or negotiation
Disagreements solved fairly and peacefully

11. Establishing Rules of Conduct
Laws exist to reduce or eliminate conflicts
Highway Traffic Act

12. Protecting Rights and Freedoms
Police were established to enforce laws
Courts established to force people to answer for criminal acts
Laws are designed to discourage people from harming one another

13. Protecting Rights and Freedoms
Law makers and law enforcement agencies are limited by constitutional law
Canadian Charter of Rights and Freedoms ensures that limitations of individual rights are not taken too far

14. Protecting People
Criminal activity is not the only reason we have laws
Labour laws and contract laws are designed to protect people

15. 5 Functions of Law Establish rules of Conduct Ex:
Provide a system of Enforcement
Protect Rights and Freedoms
Protect Society
Resolve Disputes
EX:

16. The Divisions of Law

17. Divisions of Law 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

18. Substantive
Substance of law consists of all laws that list rights and obligations of each person in society.

19. Procedural
Process of law outlines the steps involved in protecting the rights given under the substantive laws

20. Substantive Private (Civil) Public Family Criminal Contract
Tort
Property
Labour
Public
Criminal
Constitutional
Administrative

21. Public Law There are 3 types of public law:
Criminal Law: outlines offences against society and their punishments.
Constitutional Law: outlines the structure and powers of governments.
Administrative Law: outlines the relationship between citizens and government agencies.

22. Private Law Also known as Civil Law; there are 5 types:
Tort Law: a person is held responsible for damage caused to another; "tort" is Latin for "a wrong".
Family Law: deals with the various relationships of family life (e.g. marriage)
Contract Law: outlines requirements for legally binding agreements.
Property Law: outlines relationship between individuals and property.
Labour Law: outlines relationship between employers and employees.

23. Early History of Law

24. Code of Hammurabi King of Babylonia (Iraq)
Wrote 300 laws for citizens to understand
“an eye for an eye, a tooth for a tooth”

25. Moses and Mosaic Law Moses delivered the “Ten Commandments”
Punishments were also severe

26. Roman Law First legal system of early Rome
Basis of law in Europe (not England)
Emphasized “equity”
Justinian Code
“the law should be fair and just, and that all people were equal under law”

27. French Revolution Napoleon revised French law after revolution
Napoleonic Code, still used in Quebec

28. The Development of Canadian Law
Based on systems in England and France
French law codified (written down)
English law not codified and based on court decisions and customs

29. Feudalism and Common Law
In 1066 William, Duke of Normandy invaded England
Introduced European government called feudalism
The king owned all the land and divided it among his lords and nobles
Basis of modern property laws
Lords acted as judge and jury
Great inequity followed

31. King appointed judges to travel the land and dispense justice
Judges met to discuss criminal and civil matters, their decisions became “common law”
Introduced to North America by first colonists

32. Precedent
A “precedent” is something that has been done that can later serve as an example or rule for how other things should be done.
Common is the English legal community
Needed to be written to be remembered
Introduces a degree of certainty into the law
King could overrule judges

33. Case Law
With the increase in judges and cases decisions needed to be recorded and published
“Common law” is also called “Case Law”
Each case is given a title or “citation”, to make it easy to find

34. Criminal Citation R. v. Bates (2000), 35 C.R. (5th) 327 (Ont C.A.)
R. -Regina (Latin for queen or king) society
v. -Versus (Latin for against)
Bates –defendant (accused)
2000 –year of decision
35 –volume number
C.R. –name of reporter (criminal reports)
5th – series
327 –page number
Ont. C.A. – jurisdiction (Ontario court of Appeal)

35. Civil Citation
Langille v. McGrath (2000), 233 N.B.R. (2nd) 29 (N.B.Q.B.)
Langille. -plaintiff
v. -Versus (Latin for against)
McGrath –defendant (accused)
2000 –year of decision
233 –volume number
N.B.R. –name of reporter (New Brunswick Reports)
2nd – series
29 –page number
N.B.Q.B. – jurisdiction (New Brunswick Court of Queen’s bench)

36. The Rule of Law King John (1199-1216) considered himself above the law
Forced to sign Magna Carta in 1215
Monarchs could no longer restrict the rights of people

37. Habeas Corpus Guaranteed by Magna Carta
No person can be imprisoned without explanation and needs to appear before court in a reasonable time

38. Parliament
King Henry III was abusing his powers in 1265, a group of nobles revolted against him to take power for themselves, the formation of the first parliament
In 1688 King James II tired to get rid of parliament to make England more Catholic
Parliament made William and Mary King and Queen

40. Statute Law Laws are called statutes
Parliament filled gap where common law and case law failed
Common laws became codified
People now had direct access to laws

41. Canada’s Constitution
British North America Act July 1, 1867
Ontario, Quebec, New Brunswick & Nova Scotia
Britain still controlled our foreign affairs
Britain could overturn our laws
World War I

42. Canada’s Constitution
Statute of Westminster 1931 gave Canada power over foreign affairs
1949 Supreme Court of Canada became highest court in the land
BNA act still had an amendment formula that required British parliament approval of all laws passed in Canada

43. Canada’s Constitution
1981 after years of negotiation an amending formula was finalized
Consent from
Canadian Parliament
2/3 of the provinces with 50% of the population

44. Canada’s Constitution
April 17, 1982
Signed by PM Pierre Trudeau and the Queen

45. How Laws are Made in Canada

46. How Laws are Made in Canada
Parliament makes our federal laws
Parliament consists of :
House of Commons
Senate
Governor general

47. Passage of a Bill onto Law at Federal Level
House of Commons
First reading-Bill introduced-vote taken
Second reading-introduced again-debate-vote
Committee Stage-studied in detail-changes made-vote
Third reading-briefly debated-vote

48. Passage of a Bill onto Law at Federal Level
Senate
First reading-Bill introduced-vote taken
Second reading-introduced again-debate-vote
Committee Stage-studied in detail-changes made-vote
Third reading-briefly debated-vote

49. Passage of a Bill onto Law at Federal Level
Governor General
Signs bill into law

50. Divisions of Powers Federal Peace/order Criminal law Unemployment
Banking
Jails
Marriage/Divorce
Post Office
Aboriginal Peoples
Provincial
Property & civil rights
Marriage ceremonies
Police
Highways
Provincial jails
Hospitals
Education

51. Canada and International Law
Customary Law
Treaty Law
Resolutions

52. Customary Law Sovereignty- A nation’s right to govern itself.
Recognition- Sovereign nations must be recognized by other countries.
Consent- Agreements cannot be entered into by threats.
Good faith- States are expected to conduct their affairs with common sense.

53. Customary Law
Freedom of the seas- No nation can claim ownership of the seas.
International Responsibility- Penalties will be applied for not being responsible.
Self-Defence- The use of threat or force is illegal, but you may defend your nation.
Humanitarianism- Respect the interest of humankind, disaster relief

54. Treaty Law
International treaties are another part of international law. These are binding written agreements, freely entered into by states, that spell out their rights and obligations to each other.

55. Five Steps in the Treaty Making Process
Negotiate the precise content and wording of the treaty
Formally sign the treaty. This means that the state leaders who sign the treaty support it completely
Approve the treaty. This step commits all the states to follow the treaty

56. Five Steps in the Treaty Making Process
4. Let the treaty “come into force”. This happens when a specified number of states ratifies the treaty
5. Implement and enforce the treaty. These measures ensure that everyone complies with the terms of the treaty

57. Treaties Territory Diplomatic Law and Immunity
The protection of Nationals abroad
Extradition and Asylum
International Trade
Arms Control