1. Sources of Law CLU3M Mr. Menla

2. Sources of Law in Canada In Canada, law originates from 3 sources: 1.Canadian Constitution  Constitutional Law - E.g.: Canadian Charter 2.Elected Government Representative  Statue Law - E.g.: Highway Traffic Act 3.Previous Legal Decisions  Common Law – Decisions made by Judges on Civil cases Constitutional Law can override Statute and Common law Statute Law can override Common Law

3. Canadian Legal Hierarchy/Pyramid

4. Common Law Common Law: Law that has a general universal application and is developed in English courts. It relies on case law and is common to all people (Def.) It is also known as English Common Law It is also called Case Law, since its sources include the decision made by judges in previous cases It is constantly evolving, as judges decide new cases based on previous judicial decisions  Stare Decisis ◦Stare Decisis: “To Stand by Decision”. Judges must abide by decisions that has already been made on a similar case (Def.) ◦Hence, Lawyers of today constantly look for favourable precedents to argue the outcomes of their case

5. When Stare Decisis Can be Overturned There are scenarios and situations where the Judges may not practice Stare Decisis Hence, a new precedent would be created in a process called Distinguishing a Case ◦Distinguishing a Case: It is when a Judge identifies a case as being sufficiently different from previous cases, as to warrant a different decision (Def.) ◦This may occur as a result of change in social norms (E.g.: Killing a murderer) Advancement in technology can also warrant a change ◦E.g.: Laws against downloading movies and music, Texting behind the wheel etc.

6. Statute Law Statute Law: It is a law or act passed by elected government and representatives (Def.) Acts becomes law when passed through a formal procedure in Parliament, or Provincial Legislature Many of the current laws are actually Statutes, which were once common laws that have been codified Each level of government: Fed., Prov. and Mun. has power to enact legislation in its own area of political jurisdiction (authority and control) Jurisdiction: It is the political or legal authority to pass and enforce laws, or judicial authority to decide on a case (Def.)

7. Roots of Statue Law

8. Statue Law (Cont’d) Federal Gov.Provincial Gov.Municipal Gov. It enacts laws relating to criminal law, employment insurance, federal penitentiaries, banking, currencies postal service etc. Everyone in Canada is subjective to these laws It can pass legislation in other areas such as warning messages on cigarette boxes This is done in an effort to regulate what is considered to be a dangerous product They enact laws affecting hospitals, police forces, property rights, highways, roads and provincial jails They make laws called Bylaws, which regulate local issues such as snow removal, recreational services, marriage, divorce and garbage removal etc.

9. Aboriginal Governing Structures Under the Indian Act, Aboriginals can establish their own local governments Each Indian band has some authority to pass Bylaws that apply to their own reserves This includes regulation of roads, bridges, public works located on reserves etc. Nisga’a Nation in BC has power to makes laws with respect to Marriage, adoption, education, social and health services These law-making powers are generally exercised by the assistance of Prov. Gov.

10. Nisga’a Nation

11. Procedural Law vs. Substantive Law Substantive LawProcedural Law It consists of all laws that set out rights, duties & obligations of all people (Def.) It allows Canadians to: A.Own property & enjoy rights that come with it  Expel trespassers, use to their enjoyment B.Right to go to court to seek remedies against violations of their property rights It outlines steps and procedures involved in protecting and enforcing rights given under substantive law (Def.) They are include procedures for legal arrest, jury selection E.g.: Steps involved in drawing up legal contracts, wills

12. Homework Stare Decisis (Video) Stare Decisis Westbank: A Self-Governing First Nation (Video)Westbank: A Self-Governing First Nation Law in Action Pg. 38 – Q. 1-2