1. Constitutional Law Based on the constitution Sets out how power is divided between governments Limits the powers of government Any other law that

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1 Where do laws come from? There are three sources of law: 1. Canadian Constitution (constitutional law, over-rides all other laws) 2. Statute Law - passed by governments (over-rides common law) 3. Common law (court decisions)

2 1. Constitutional Law Based on the constitution Sets out how power is divided between governments Limits the powers of government Any other law that violates the constitution can be struck down as unconstitutional

3 2. Statute Law Laws or Acts passed by governments Many statutes come from common law decisions Each level of government has its own jurisdiction A. Federal Government Jurisdiction over: criminal law, federal penitentiaries, banking & currency, marriage & divorce, etc.

4 B. Provincial Governments Jurisdiction over: hospitals, police, education, property rights, highways, provincial jails, etc. C. Municipal Governments Create by-laws Jurisdiction over: snow removal, garbage collection, zoning

5 3. Common Law Law which is common to all people Also called case law Based on precedent decisions made by judges in earlier cases As times and social morality change, so can decisions of judges, this creates new precedents A case where a judge creates a new precedent is called distinguishing a case

6 I. International Law Categorizing Law Laws that govern the conduct of nations. There is no world court that all countries respect, so international law is created by custom (generally accepted practices) Signed treaties and international agreements are binding eg. NATO, NAFTA Some international organizations have legal rights to judge disputes (if involved countries are members)

7 UN (United Nations) all members are signatories to Universal Declaration of Human Rights No international police force exists with authority to enforce international law UN peacekeepers have little enforcement power ICJ (International Court of Justice) the Hague, Netherlands

8 CATEGORIES OF LAW

9 II. Domestic Law Laws that govern activity inside a country. Includes statutes and case (common) law. Is further divided into: A) Substantive and B) Procedural law. A. Substantive Law Laws that define the rights and duties of a country s citizens and government The substance part of domestic law, the content of law Is further divided into: 1.) Public and 2.) Private law

10 B. Procedural Law Laws that deal with law enforcement; the method of law Procedure for arrests, trials, investigations, prisons, etc. The part of domestic law that makes sure all are treated fairly

11 Under Substantive Law we have. Public Law the relationship between the government and its citizens. Private Law the relationship between individuals and also between individuals and organizations.

12 Types of Public Law 1. Constitutional Law the distribution and exercise of government powers. 2. Administrative Law the relationship between people and government departments, boards and agencies.

13 3. Criminal Law identifies crimes and prescribes punishment. the Crown represents the victim only Crown Attorney lays a criminal charge only federal government can pass criminal laws

14 Types of Private Law 1. Tort Law holds people or organizations responsible for damage they cause another person, accidently or deliberately. Plaintiff must prove that the defendant s action caused damage (Signs are put there to avoid tort)

15 2. Contract Law provides rules for agreements between people and businesses. buy a car hire a DJ buy a fries at school 3. Family Law deals with various parts of family life. marriage divorce child custody

16 4. Estate Law the division and distribution of property after death. deals with wills 5. Property Law the ownership rights of property. real estate sales 6. Employment Law deals with employees and employers. workplace safety rules hours of work minimum wage rate unions

17 CATEGORIES OF LAW

18 Government and Law Federal and provincial govts are made up of three branches. 1. Executive branch carries out government plans and policies. (PM, Premier, Cabinet, Public Service) 2. Legislative Branch has power to make, change and repeal laws. (Parliament, Senate, House of Assembly)

19 3. Judicial Branch Canada s court system. The judiciary needs to be independent. Judges must be chosen on merit. Must make rulings based on the law, not on who they know. They may even have to strike down laws made by governments who appointed them.

20 Bill - a proposed law. Government bill is proposed by a Cabinet minister. Private member s bill is proposed by an elected official not in Cabinet. National Flag Day?

21 How are laws made? 1. A bill is introduced in the Legislature. 2. The bill is debated & may go to a committee for changes. 3. The bill is debated again but changes cannot be made. 4. A vote is held on the bill. If passed then. Federal System: 5. Steps repeated in the Senate. 6. Governor General approves the bill for the Queen. 7. The bill becomes a law. Provincial System: 5. Lieutenant-Governor approves the bill for the Queen. 6. The bill becomes a law.

22 Unjust Laws There were times when laws were unjust they were not fair to some people. 1. Slavery was legal in many countries. 2. Some people were not allowed to vote. (women, aboriginals, minorities) 3. Chinese people had to pay to enter Canada, while others did not. 4. Japanese-Canadians were sent to detention camps during World War II.

23 Human Rights The journey to our Charter of Rights Magna Carta (1215) - first step towards basic rights The 1600s was The Age of Enlightenment. Thomas Hobbes proposed an idea called the Social Contract, where people were expected to obey the laws, but rulers were expected to treat the people fairly. Hobbes said rulers got their power from the people, NOT from God

24 John Locke went further with his idea called Natural Law Locke said people had natural rights and freedoms if gov t broke its trust with people it should be overthrown From these revolutionary ideas came several historic documents.

25 Declaration of Independence(1776) The American colonies were not treated fairly by Britain. In 1776 Thomas Jefferson used the ideas of the enlightenment as reasons for becoming independent. He wrote them in this declaration.

26 Declaration of the Rights of Man and of the Citizen(1789) Influenced by the American declaration and enlightenment ideas, France used this document to grant basic human rights.

27 Utilitarianism Jeremy Bentham & John Stuart Mill proposed that instead of Natural Law we should be governed by the philosophy of utilitarianism: The greatest happiness for the greatest number This ultimately means that the wishes of the majority always rule But the Nazis used this argument to murder millions of people during WW2! The rights of minorities cannot be ignored

28 Universal Declaration of Human Rights (UDHR) To make sure mass oppression would never happen again, the United Nations was formed and in 1948 it adopted the UDHR. It grants all people inalienable and inviolable rights: right to life, liberty, security right to education freedom of thought, conscience, religion freedom from torture, inhumane punishment Written mostly by John Humphrey, a Canadian, it forms the basis of our own Charter of Rights and Freedoms

29 Human Rights The rights of Canadians are protected by the Canadian Charter of Rights and Freedoms. Section Rights Protected / Freedom of 1 Puts limits on rights and freedoms 2 Freedom of religion / expression / association 2 Freedom of peaceful assembly 8 Unreasonable search and seizure 9 Can t be detained without good reason 10 C Must appear in court within a reasonable time 11 D Presumed innocent until found guilty at a fair trial Complete Classifying Law Review