Development of Canada's Legal System

Transcription

1 Development of Canada's Legal System

2 What is a feudal system? - system of governing based on obligation between king-lord-peasant (vassal) - used throughout most of Europe from 9th-16th centuries - The king, who owned all the land, would give large areas of land (manors, estates) to his relatives and friends in return for their allegiance and service - The lords, in return, had peasants who would be allowed to use the land to grow food in exchange for allegiance from the lord. The lord also protected his peasants and served as judge in any criminal case or dispute

3 What would some problems with this structure be?

4 Some problems with the system... - gave the lord a lot of power over his peasants - decisions could be biased - punishments often varied from lord to lord One lord might give 10 lashes for killing a pig without permission, where another lord could put a peasant to death for the same offence.

5 Peasants were generally unhappy about this situation Peasants, who lived very poor, hard lives started talking of revolution against their lords and the king.

6 In response, the king established assizes (hearings and trials) to be judged by the king appointed judges (King's Court). These judges were to travel the country, decide cases and meet regularly in London to discuss their trials and punishments. Over time the punishments handed down became similar across the country and the idea of "Common Law" and "Rule of Precedent" began

7 Common Law - Similar type of sentence, similar type of punishment - eventually punishments became common throughout England - because common law is based on decisions made by judges in previous cases it is also known as "Case Law" - each judgement is recorded and stored in law libraries, universities, etc. - each recorded case is given a title called a citation

8 Principles of Common Law - defendant presumed innocent until proven guilty - judge's role is limited to determining the validity of testimony and applying the law - defendant does not have to testify against him/herself - judges can't call witnesses to the stand - judges can't ask questions of the witness

9 Rule of Precedent Stare Decisis (Latin) - means "to stand by earlier decisions" - when a decision is reached in a case and recorded, other similar cases in the future can refer back to the precedent for guidance and knowing what to expect - precedent is the basic principle of Common Law

10 Magna Carta (Great Charter) Signed June 15, 1215 at Runnymede, England King John, who was a harsh, cruel leader, was forced to sign the Magna Carta. His abuse of power and belief that he was above the law led to rebellion.

11 Magna Carta - recognized the principle "rule of law" meaning the King was no longer above the law - No king could restrict the freedoms of the people without reason and people's rights could not be changed without their consent (applied to free men, not serfs) - introduced the right of "habeas corpus" - introduced jury system

12 Rule of Law - all disputes must be settled by peaceful means, either by negotiation or by the courts (due process) - it means that in our society "might" does not mean "right"

13 Habeas corpus - a person can not be held or detained without justifiable cause. An accused has the right to appear before the courts if they feel they are being arbitrarily detained. If the judge agrees, the accused must go free

14 English Bill of Rights - passed in 1689 by British Parliament (nobles, church officials, etc) Limited power of the monarch (again) Guaranteed free speech in parliament without fearing the King's wrath Called for regular elections to Parliament Initiated the concept of "freedom of assembly"

15 As a result... British Parliament became more powerful and was eventually seen as the institution that represented the people Parliament became the primary source of law (statute law) Statute Law: - laws or act passed by a governing body, such as Parliament or a provincial legislature

16 Eventually England's legal system became based on... Two sources of law: a) Common Law - judgements based on previous cases b) Statute Law - laws made by Parliament