1. Classifying Law

2. Sources of Law In Canada laws originate from three sources:
1.The Canadian Constitution (Constitutional Law)
2.Elected Government Officials (Statute Law)
3.Previous Legal Decisions   (Common Law)

3. Consitutional
Statute
Common law

4. Each source of law has a different level of authority
Constitutional Law overrides Statute Law
Statute Law overrides Common Law

5. Constructing the Pyramid of Law
Common law
Called Common Law because it is common to all and has a general universal application
Also called Case Law because its sources include decision made by judges in previous cases
Common law constantly evolves as judges decide new cases
Based on the legal principle of Precedence:
Similar laws should be decided in similar ways
Lawyers look to previous case decisions
A case may be identified that is no longer applicable to todays society. If a judge disagrees with the decision that has been made in the past, then the judge must create a new precedent
This process if called distinguishing a case

6. Constructing the Pyramid of Law
These are laws passed by elected representatives in the form of acts or statues
Laws passed by government in the Parliament
Many laws today are statutes - These are common law decisions that have been codified
Statutes generally override previous common law, but if no statute exists then the common law prevails
When a judge interprets and applies a statute to a case, that sets a precedent and judges in the future must do the same thing with similar cases
In practice, statues and common law usually form the bulk in Canadian Law
Statute Law
Common Law

7. Division of Powers
Each level of government has the power to make laws that apply to their authority or control
Jurisdiction is the political or legal authority to make legal decisions or the judicial authority to make judgements

8. Federal Government Enacts laws within its own Jurisdiction
This includes criminal law, federal penitentiaries, employment insurance, banking, currency, marriage and divorce, postal services
All Canadians are subject to these laws

9. Provincial Government
Enacts laws within its own provincial jurisdiction
Includes laws affecting health care, education, highways,
The citizens of the province are subject to these laws

10. Local (Municipal) Governments
Creates laws known as Bi –laws
These are regulations that deal with local issues such as snow removal, parking tickets, parking rates
Aboriginal Governing Structures
As outlined in the Indian Act, each band has the authority to make bilaws that apply to that band’s reserve lands
An Aboriginal band that has a self government aggreement, can make laws regarding larger items like marriage, education, or adoption

11. Constructing the Pyramid of Law
Based on a document that determines the structure of federal government
Limits the powers of government by setting out certain basic laws, principles, and standards that all other law must adhere to
Divides law making powers between federal and provincial governments
Also sets a standard by setting out basic laws and principles that all law must adhere to
Constitutional Law trumps all other laws because it decides how law is structured
Any law not in accordance with the constitution will be struck down as unconstitutional
CONSTITUTIONAL LAW
STATUTE LAW
COMMON LAW