1. THE JUDICIAL BRANCH

3. SUPREME COURT OF CANADA
HIGHEST COURT IN CANADA
FOR A CASE TO REACH THE SUPREME COURT IT MUST HAVE USED UP ALL AVAILABLE APPEALS AT OTHER COURT LEVELS: PROVINCIAL AND COURTS OF APPEAL
ITS DECISIONS ARE THE ULTIMATE APPLICATION OF CANADIAN LAW
BINDING UPON ALL LOWER COURTS IN CANADA
NINE JUDGES: CHIEF JUSTICE AND 8 JUSTICES

5. RULE OF LAW SOCIETY HAS GOVERNMENT IN ORDER TO ENSURE SAFETY AND ORDER
RULE OF LAW IS THE MOST FUNDAMENTAL PRINCIPLE OF CANADA’S GOVERNMENT
RULE OF LAW=EVERYONE NO MATTER WHAT THEIR SOCIAL POSITION MUST OBEY LAWS OF THE LAND
NO ONE IS ABOVE THE LAW

6. RULE OF LAW CONTINUED
THIS GUARANTEES EVERYONE FUNDAMENTAL JUSTICE AND A FAIR TRIAL
NO ONE IS ABOVE THE LAW
THIS APPLIES TO EVERYONE

7. Law and Justice IMPORTANT TO UNDERSTAND THE WORDS LAW AND JUSTICE
LAW: SET OF RULES AND/OR PROCEDURES
JUSTICE: LOVE? HATE? CHARITY? BUT SOMETHING THE HEART ACKNOWLEDGES  VERY HARD TO DEFINE
HUMAN ATTITUDES TOWARDS JUSTICE HAVE CHANGED OVER TIME
THEREFORE WE COULD DEFINE LAW AS A SET OF RULES THAT EVOLVES AS A RESULT OF THE CHANGES IN SOCIETIES SENSE OF JUSTICE

8. SOURCES OF CANADIAN LAW
1. CIVIL CODE SYSTEM
2. COMMON LAW
3. STATUTE LAW

9. CIVIL CODE SYSTEM ONLY IN QUEBEC
HAS BASIS IN ROMAN TIMES – BROUGHT BY FRENCH SETTLERS
LAWS ARE AN ACCEPTED PRINCIPLE THAT ARE PUT INTO A WRITTEN CODE
JUDGES WILL THEN DECIDE EACH CASE BY REFERRING TO THE WRITTEN CODE

10. COMMON LAW USED EVERYWHERE ELSE IN CANADA DEVELOPED IN ENGLAND
JUDGES USED TO TRAVEL THROUGHOUT THE KINGDOM AND DECIDE UPON CASES THEY WERE GIVEN
JUDGES STARTED TO BASE ALL OF THEIR DECISIONS UPON JUDGEMENTS MADE BY OTHER JUDGES = PRECEDENT

11. STATUTE LAW
ALL THREE LEVELS OF GOVERNMENT, FEDERAL, PROVINCIAL, AND LOCAL PASS LAWS (LEGISLATION)
THESE ARE KNOWN AS STATUTE LAW

12. TWO MAJOR GROUPS THAT ALL LAWS CAN BE DIVIDED INTO:
THE TYPES OF LAW
TWO MAJOR GROUPS THAT ALL LAWS CAN BE DIVIDED INTO:
PUBLIC LAW
CIVIL (PRIVATE) LAW

13. PUBLIC LAW
1. CONSTITUTIONAL LAW – THIS CONSISTS OF THE CHARTER OF RIGHTS AND FREEDOMS
2. ADMINISTRATIVE LAW – REGULATES ACTIVITIES OF GOVERNMENT AGENCIES
3. CRIMINAL LAW – OFFENCES AGAINST THE PUBLIC.  MURDER

14. CIVIL LAW ALL LAWS AFFECTING THE RELATIONSHIP: - BETWEEN INDIVIDUALS
- BETWEEN INDIVIDUALS AND ORGANIZATIONS
- BETWEEN ORGANIZATIONS
EX) CONTRACTS, FAMILY AND PROPERTY

15. JUDGES = IMPARTIAL? IMPARTIALITY: ALL JUDGES SHOULD REMAIN IMPARTIAL
CONFLICT OF INTEREST: MEANS THAT NO JUDGE WILL RULE A CASE IN WHICH HE OR SHE HAS AN INVESTED PERSONAL INTEREST IN, OR A FINANCIAL INTEREST IN.
OPEN ROLE: JUDGES MUST BE COMPLETELY OPEN MINDED IN THEIR DECISIONS AND WHEN EVALUATING EVIDENCE PRESENTED TO THEM

16. HOW ARE JUDGES APPOINTED?
ALL JUDGES ARE APPOINTED BY THE GOVERNMENT
PROVINCIAL GOVERNMENT APPOINTS JUDGES TO ALL PROVINCIAL COURTS
THEY MUST HAVE PRACTICED LAW FOR AT LEAST FIVE YEARS TO BE APPOINTED
FEDERAL GOVERNMENT APPOINTS JUDGES TO ALL COURTS THAT ARE HIGHER THAN PROVINCIAL COURTS
THEY MUST HAVE 10 YEARS EXPERIENCE FOR THIS

17. ADVERSARIAL SYSTEM JUDGES MAKE DECISIONS ON DISPUTES
BOTH SIDES HAVE AN OPPORTUNITY TO PRESENT EVIDENCE
THIS IS BEST LOOKED AT AS A COMPETITION
THE DECISION IS THEN MADE BY AN INDEPENDENT JUDGE OR JURY

18. THE END 