Classifying Chapter 2:
Canadian s originate from three sources: The Canadian Constitution- Constitutional Elected Representatives Statute Previous Legal Decisions Common Sources of in Canada
Common acquired its name because of its general and universal application. It is also known as Case because its sources include the decisions made by judges in previous cases. Common and Case are sometimes referred to as English Common due to its origins in England. Common
Common is continually changing as judges decide new cases based on previous decisions. Not all previous precedents in cases are applicable in today s society. Judges may reject a decision in a previous case and create a new precedent thereby distinguishing a case. Common
Statute s are laws passed by elected representatives in the form of acts. Acts become laws by passing through formal procedure in the House of Commons or Provincial Legislatures. Statutes by government generally override previous Common. Statute
The Federal Government enacts laws within its own jurisdiction which includes: Criminal Federal Penitentiaries Employment Insurance Banking and Currency Postal Services And others The Federal Government
Provincial Governments have the authority to make laws within their province that include: Hospitals Police Property Highways and Roads Provincial Jails Provincial Governments
Municipal Governments create bylaws which are regulations that deal with local issues such as: Town Curfew Fence Height Snow Removal From Sidewalks Garbage Collection Local Governments (Municipal)
Native band councils are like local governments. Each can make bylaws that apply to reserve lands. Some Native Band Councils have self- Government which allow them to make a wider range of laws in regards to: Marriage Adoption Education Social and Health Services Aboriginal
The Canadian Constitution is a legal document that determines the structure of the Federal Government and divides powers between the federal and provincial governments. Constitutional sets certain basic laws, principles, and standards that all other laws must adhere to. If a law is found unconstitutional it is struck down. Constitutional
The International Domestic Categories of :
International includes laws that govern the conduct of independent nations in their relationships with one another. Nations sign treaties or international agreements and consider them as binding as any law. These agreements can include anything from extradition, trade, and defense. Categories of : International
Domestic is the set of laws set out by a nation inside its own boundaries. These laws usually come from a constitution or a monarchy and usually include both statute law and case law. Categories of : Domestic
The International Domestic Substantive Procedural Categories of :
Substantive is one category of Domestic. It defines the rights, duties, and obligations of citizens and government such as: The right to own and protect property Enter into a legal contract and to seek a remedies if that contract is broken. Categories of : Substantive
Procedural sets out methods of enforcing the rights, duties, and responsibilities found in Substantive. Procedural ensures that a certain steps must be in place for a lawful arrest, and trial if needed. Categories of : Procedural
The International Domestic Procedural Substantive Public Constitutional Administrative Criminal Categories of : Public
Public regulates the relationship between the government and its citizens. All Public s are subject to the Canadian Charter of Rights and Freedoms which is part of the Canadian Constitution. Public can be broken into three subcategories of: Administrative Constitutional Criminal Categories of : Public
Administrative refers to the relationship between people and government departments, boards, and agencies. These public administrators make decisions everyday ranging from who gets welfare to issuing building permits. Categories of : Administrative
Criminal is to prohibit and punish behavior that causes harm to others, such as murder, robbery, or assault. All crimes are described in the Criminal Code of Canada. When a crime is carried out it is not only against the individual but society as a whole. When a case goes to trial the citation (title) for the case follows the format: R. v. Bowness. R stands for Regina or Rex, the latin words for Queen or King. Categories of : Criminal
Substantive Public Private Tort Contract Family Wills & Estates Property Employment Categories of : Private
Private or Civil covers areas of law in regards to legal relationships between individuals and individuals and organizations. Categories of : Private
Tort refers to the branch of civil law that deals with holding persons or organizations responsible for harm they cause another person as a result of deliberate or accidental action. Categories of : Tort
Contract deals with everyday transactions in which people purchase or provide goods or services. If people are happy with the service or goods they were provided and they pay what is owed disputes do not arise. If one of the parties involved does not hold up their end of the agreement then the court can enforce the terms. Categories of : Contract
Family covers matters as marriage, divorce, property division, and support of children. Family is intended to deal with aspects specifically dealing with family life. Categories of : Family
Wills & Estate laws are laws that deals with the division of property after death. Estate law helps to resolve disputes if someone challenges the terms of the will or if someone dies without a written will. Categories of : Wills & Estate
Property regulates ownership rights in all property including the ownership and transfer of real estate. Originally most laws in Canada in regards to real estate came from British Case but now is covered by statute law. Categories of : Property
Employment deals with relationships between employers and employees. Federal and provincial governments have enacted laws that regulate a workplace, and try to balance the rights of employer and employee. s protect children in the workplace, limit hours worked in a week, and minimum wage employers must pay. There is also protection from discrimination, harassment and safety rules and procedures are in place to keep workers safe. Categories of : Employment