1. The Pillars of Canadian Law
Where do our laws come from?

2. Canadian Laws Within your group think of
One good law for our country, province…
One bad law for our country, province
One law that you would like to see modified
Explain.

3. Where do our laws come from?
Within your group think of one or two sources of our Canadian Laws.
Be ready to share.

4. Where does the law come from?
There are three main sources of law in Canada:
– Constitutional Law
– Statute Law
– Common Law

6. Constitutional Law British North America Act, 1867 (BNA)
It overrides all other laws.
These laws lay the foundation for all the others that come after.
Ex: The concept of Freedom of speech must not be contradicted by other laws.
Ex: How new laws are created in Canada.

7. Constitutional Law Governmental Powers
It determines the law‑making powers of the federal and provincial governments.
Each level of government then passes its own laws in specific domains. its own area of political jurisdiction (authority and control).
This is why some laws are the same throughout the country (postal) while some laws differ from one province to another (education). However, they must all fall under the umbrella of constitutional law (ex Charter of Rights and Freedom).

9. Jurisdictions in Canada
The federal government enacts laws that apply to everyone in Canada.
It has jurisdiction in several areas of law, including:
Aboriginal rights and reserves
criminal law,
modification of the Constitution
units of measurement (metric system)
navigation within our waters (otherwise International Law)
patents,
armed forces (army, navy, air force)
federal penitentiaries,
employment insurance, unemployment benefits
official census and statistics
banking and currency, bankruptcy
marriage and divorce,
and postal services.

10. Jurisdictions in Canada
The laws that provincial governments pass apply to people in that particular province. Provinces have jurisdiction to make laws affecting:
education
modification to the Constitution
hospitals (and other municipal institutions such as hospices and refuges)
police forces (not the RCMP),
celebration of marriage (what you need to do to get married)
property rights,
highways,
and forests.

11. Jurisdictions in Canada
Municipal or local governments make laws called bylaws that deal with local issues such as
garbage collection,
most littering laws, (some are provincial or federal on government property or historical sites)
the height of backyard fences,
who is responsible for clearing snow from sidewalks.

12. Jurisdictions in Canada
Indian Bands established under the federal Indian Act are like local governments in that they have some authority to make bylaws that apply to that band’s reserve lands.
If an Aboriginal group has a self-government agreement, that group has wider law-making powers than a band.

13. Statute Law
Laws passed by elected representatives at the federal, provincial and municipal level.
It overrides common law but cannot contradict Constitutional Law.
It has proven staying power and the respect of the community.
Ex: legal voting age

14. Statute Law Municipal bylaws Municipal bylaws in our area include:
Pooper scooper law
Closing times for public parks
Smoking laws
Littering laws

15. Common Law Also known as case law.
It is based on decisions by judges in other cases and is constantly evolving. If a judge disagrees with the decision made by a previous judge, or if the precedent (law in common law) no longer applies, the judge can reject previous decisions and create a new precedent. This process is called distinguishing a case.
It is also used when there is no statute law or to add further components the statute law.
Ex: speeding tickets

16. How the various laws are organised
Classifying the Law
How the various laws are organised
It determines the studies, the type of lawyer, the type of law firm, the courts where the disputes will be heard.

17. Organizing the Law
Because the law has so much authority over everything in our lives, it has to be written down or codified in sections so we can understand and use it.
This is why we talk about a “Code of Law”

18. Categories of Law
Legal disputes rarely fit neatly into one category or another without overlapping at some point. However, categories provide distinctions that help to clarify and organize a complex body of law.

20. International Law
These are the laws that govern the relationships between independent nations such as Canada, the United States, China or England.
Ex: trade laws, fishing rights in international waters, humanitarian rights.

21. Domestic Law
These laws govern the activity within a nation’s own borders.
Domestic law is broken into two categories:
– Substantive Law
– Procedural Law

23. Substantive Law
Defines the rights, duties and obligations of citizens and governments.
These are the laws we have to obey as citizens – the dos and don’ts for people to follow.
Examples include the right to own and protect property, to enter into a legal contract, and to seek remedies if that contract is broken.

24. Procedural Law
Deals with the content of the law; it is the prescribed method of enforcing the rights, duties and obligations found in Substantive Law.
Ex: These are the procedures of law – how to deal with those who have broken the laws – it determines the actions of the police, prison guard, people working in the courts.

25. Procedural Law
Procedural law therefore refers to gathering evidence properly, following the legal requirements for a lawful arrest, and adhering to correct trial procedures.
Procedural law helps ensure that all citizens are treated fairly and that neither the police nor the courts act arbitrarily

27. Public and Private Law
Substantive law can be divided into the categories of public law and private law.
Public law regulates the relationship between the government and its citizens.

28. Private Law
Private law, more commonly known as civil law, covers all the areas of law that deal with legal relationships between individuals and between individuals and organizations (excluding the government).

29. Please recopy on back of booklet

30. Public Law Constitutional law is one type of public law.
Another type of public law is administrative law. The everyday lives of Canadians are probably more affected by administrative law than any other branch of law. Victims of violent crimes seeking reparation for injuries or expenses, injured workers seeking compensation, and people concerned about a subdivision being built near a conservation area all find themselves involved in administrative law.

31. Public Law
It is criminal law, however, another type of public law that attracts the most media attention.
Criminal law prohibits and punishes behaviour that causes harm to others such as murder, robbery, or assault.
All crimes are described in the Criminal Code of Canada and only the federal government has the authority to pass criminal legislation.

32. Private Law
The main purpose of private law is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others.
Private law refers to torts (civil injuries), contracts, and family law. It also includes property law, employment law and estate law.