1. Overview of Canadian Law System Types of Law Process of Legislation Agents of Influence in Canada

2. Functions of the Law Framework for behaviour
Settles disputes or disagreements
Give effect to social policies
Fairness
Order & Protection
Gives Outcomes
Structure of Government

3. Overview of Canadian Law System
Monarch
(Queen)
Governor General
Prime Minister
Parliament
Cabinet
Courts
House of
Commons
Senate
Federal
Provincial
Legislative Branch
Elected
Adopt laws & vote on taxes or other money matters
Executive Branch
Presents budgets to the legislature
Carries out laws fixed by legislature
Judicial Branch
Laws are interpreted & adapted to the needs of the people
Has the power to interpret law

4. Overview of Canadian Law System
Federal Government Powers (Section 91)
Provincial Government Powers (Section 92)
POGG
Criminal Law UI
Finance (banking, currency, coinage)
Federal penitentiaries
Marriage/Divorce
Postal Services
Aboriginal People and Land
Fiduciary Powers
Property and Civil Rights
Marriage ceremonies
Police Forces
Provincial Courts
Highways and Roads
Provincial Jails
Hospitals (health care)
Education

5. Different Types of Canadian Law
Family
Labour
Tort
Administrative
Property
Constitutional
Contract
Criminal
Private (Civil Suits)
Public

6. Substantive Law vs. Procedural Law
Types of Law
Substantive Law vs. Procedural Law
Areas of Law
Eg. Criminal
Rules by which we play
Eg. Constitutional Amendments

7. Process of Legislation
From Idea to Legislation:
The 8 Step Process of Making a Law in Canada

8. Step 1: Research
Members of Parliament ponder possible legislation to “improve” the lives of Canadians

9. Step 2: Write a Bill
Write Me!
A bill is the formal layout of Canadian Federal Legislation.

10. Step 3: First Reading
Cabinet Minister proposes bill and reason for legislation
Step 4: Second Reading
The bill is debated and sent to one of 12 committees to be reviewed
Step 5: Committee
The bill is reviewed in one of twelve committees and changes are made
Step 6: Third Reading
The bill is presented again, voted on, and if it passes it goes to the senate

11. Step 7: Senate
The Senate is the second branch of parliament, offering a sober second thought to the decisions of the windbags in the house of commons. Steps 3 through 6 are repeated in the Senate.
Step 8: Governor General (Royal Assent)
The Governor General, the Queen’s representative, signs the bill and makes it a law.

12. Agents of Influence Canadian Charter of Rights and Freedoms
Politicians/Political Parties
Bureaucracy
Lobbyists/Activists
Citizen Groups (NGO)
Judges

13. Canadian Charter of Rights and Freedoms
Rights revolutions after WWII
Diefenbaker: Canadian Bill of Rights (1960)
Applied only to federal matters, open to change at any time, equality rights not strongly protected
Trudeau: “A Just Society” which led to Charter (1982)
Entrenched in the constitution, reasonable limits (section 1 CCRF), notwithstanding (section 33 CA) gives great powers to the Courts, limits power of government by protecting individual rights
Often come down to ultra vires vs. intra vires.
Private legal matters tried under existing common law or human rights legislation.
Analysing a Charter Case (page 46)
Does the Charter apply?
Has a Charter right or freedom been infringed?
Does the reasonable limits clause justify the infringement?
If infringement is not justified, is there a remedy provided (section 24)
Test Case: Canadian Blood Services Decision

14. Agents of Influence Canadian Charter of Rights and Freedoms
Politicians/Political Parties
Bureaucracy
Lobbyists/Activists
Citizen Groups (NGO)
Judges
Role and Function- officially
Role and Function- unofficially
As productive
As hindrance
Controversies/Hot Topics
Your Analysis