1. Sources of Law in Canada 1.Common law (also called case law)  Has its roots in the early unwritten law of England.  Common to all  Comes from previous decisions made by judges in similar cases

2. Common Law Common law is constantly evolving Stare decisis (the rule of precedent) -judges make decisions based on decisions made before on similar facts.

3. Distinguishing a Case Lawyers argue precedent- -If they want the judge to follow or apply the precedent, they point our how similar their case is to the precedent. -If they don’t want the judge to follow precedent, they try to show how their case is different (different facts). This is called “distinguishing a case”

4. 2. Statute Law Statutes are laws enacted by our federal or provincial governments. They override common law. They are often common law decisions that have been formalized and passed into law by governments. If no statute exists to deal with a situation, the common law applies.

5. Jurisdiction Does the province or the federal government get to pass a particular piece of legislation? Confederation Act of 1867? Have a look…which government has jurisdiction?which government has jurisdiction?

6. Federal Government Criminal law Federal penitentiaries Banking and currency Media Employment insurance Divorce Waterways

7. Provincial Governments Health care Police forces within the province, enforcing provincial legislation Highways and roads Provincial jails education

8. Local Governments Pass by-laws Deal with local issues (fences, backyard fire pits, garbage removal and disposal) Three by-laws http://www.ottawa.ca/residents/bylaw/index _en.html

9. Aboriginal Governing Structures Bands established under the Indian Act function as local governments. Include infrastructure on reserves

10. Aboriginal Governing Structures (cont’d) Now, there are self-government agreements between some bands and the federal government which gives these bands jurisdiction over more things. (ie. Marriage, adoption, education, social services) Westbank

11. 3. Constitutional Law The document that determines the structure of the federal government and divides the powers between the federal government and the provincial governments. “unconstitutional” Contains the Charter.

12. http://www.youtube.com/results?search_que ry=international+law+trial&aq=f http://www.youtube.com/results?search_que ry=international+law+trial&aq=f

13. Question 1. Page 38 Three sources of law in Canada Common law Statute law Constitutional law