1. Sources of Law in Canada
February 24th, 2014
Sources of Law in Canada

2. Learning Goals:
– identify the key components of the Constitution of Canada
- identify the meaning and the way the law works in Canada in comparison to each other
Demonstrate understanding through class discussions and completing questions from our text

3. To Start:
What is the Magna Carta, Stare Decisis, Trial by Ordeal, Trial by Combat, and Habeas Corpus?
What did the Romans, Greeks, Hammurabi Code, and Mosaic Law provide to us here in Canada?
How are our laws separated?
Are some laws more important than others?
Why is the legal drinking age here in Ontario 19, but in Quebec it is 18?
Are there some laws that are the same for everyone?
What are some of these laws?

4. Constitutional Law Statute Law Common Law - Each higher level of law can override the law below

5. COMMON LAW: Also called case law
Looks at decisions made by judges in previous cases
Constantly evolving
New cases are constantly surfacing. As they are decided, they set a new precedent for a similar case in the future. Ex. Internet crimes
Canadian courts follow principle of stare decisis
Distinguishing a case is identifying a case as being sufficiently different from previous cases as to warrant a different decision

6. Statute Law: Consists of laws passed by representatives
If no statute law exists in a particular situation, then common law will prevail
If a statute is created it is a precedent
This must be followed in all lower courts
4 different types:

7. ...continued 1) Federal Government: 2) Provincial Governments:
Makes laws for the whole country
Includes criminal law, federal penitentiaries, employment insurance, banking and currency, and postal service
2) Provincial Governments:
Makes laws within the province
Laws affecting hospitals, police forces, property rights, highways and roads

8. 4) Aboriginal Governing Structures:
...continued
3) Local Governments:
Municipal or local governments make laws called bylaws
Height of backyard fences, who should clear snow on the sidewalk, garbage day, etc.
4) Aboriginal Governing Structures:
Indian bands have the rights to make bylaws on their reserves

9. Constitutional Law Deals with the distribution of government powers
Tells local, provincial, federal what they can and cannot do
Limits the powers of government by setting out certain basic laws, principles, and standards that all other law must adhere to.
Overrides all other law

10. Little Bit of Work
CCRF Work Package