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Published byMolly Lawson Modified over 9 years ago
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By the end of this chapter, you should be able to: LO1 Explain the function and purpose of the criminal justice system. LO2 Explain the rule of law and its significance in Canadian law. LO3 Describe the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms. LO4 Identify the procedural safeguards that exist in the criminal justice system. LO5 Describe the due process and crime control philosophies of criminal justice. LO6 Identify the types and categories of laws that exist in Canada. LO7 Identify the components of the criminal just system. LO8 Describe the relationship between the media and the criminal justice system. LO9 Describe the way in which a criminal case is processed through the criminal justice system. Copyright 2013 McGraw-Hill Ryerson Ltd. 1 LEARNING OBJECTIVES
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Types Two Main Categories of Law: Common Law and Statute Law Common Law Not created by parliament but by previous court decisions called judicial “precedent” Precedent is also called “stare decisis”, which means “to stand by what has been decided” Copyright 2013 McGraw-Hill Ryerson Ltd. LAWS IN CANADA 2 LO6
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Types Two Main Categories of Law: Common Law and Statute Law Statute Law A written piece of legislation created through the parliamentary process Federal law is created in Ottawa, while each province or territory creates its own legislation Copyright 2013 McGraw-Hill Ryerson Ltd. LAWS IN CANADA 3 LO6
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Types Second Categorization of Law is Private Law and Public Law Private law Resolves disputes between two private parties (individuals or corporations) For example, contract law, family law, estate law Copyright 2013 McGraw-Hill Ryerson Ltd. LAWS IN CANADA 4 LO6
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Types Second Categorization of Law is Private and Public Law Public Law In matters of public law, a prosecutor represents the state Four types: Criminal Constitutional Administrative Civil Copyright 2013 McGraw-Hill Ryerson Ltd. LAWS IN CANADA 5 LO6
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