CLN4U

Heritage 1

Thoughts

Can you think of an act / behaviour that is always wrong?

Why is it wrong?

Is it wrong in all contexts?

Has it always wrong (historically)?

In all civilizations?

In the future?

The Nature of the Law

To provide a remedy

Jurisprudence

The philosophy or science of law

Includes all aspects of legal thought

-legal theories, principles, concepts, institutions and historical developments on which our law is based

Sources of Law

Primary: Those sources that influence of ideas and

values about law, over time

Examples include religious doctrines and social and philosophical views

Customs and conventions (agreements or arrangements that are not part of a formal contract

Primary Sources - Influences

Religion:

“Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law….”

Suggesting?

Primary Sources - Influences

Social and Political Influences:

Which do each suggest about Canadians?

Canadian Charter of Rights and FreedomsWe value?

The Criminal CodeWe Value?

Tax and social welfare lawsWe Value? Spectrum of opinions

Primary Sources - Influences

Time

Secondary Sources of Law

- Laws and cases that have been codified- Constitutions- Statutes- Case Law (Judicial Decisions) using the rule of

precedent which provides:1. predictability 2. Uniformity3. impartiality

How it all impacts Canadian Law…

Early legal codes Seem harsh and sever yet demonstrate early

civilizations understanding of Fairness and a capacity to reason

Justinian Code → Napoleonic Code 1804 Quebec Act 1774 granted Quebec the use

of civil law for all non-criminal and non-constitutional matters – Napoleonic Code

Inquisitorial Trial system – Judge inquiry

How it all impacts Canadian Law…

British Influence – Common law1. Comes from Britain2. Is common to all (applies to all subjects of the land)3. Based on past decisions of judges

Adversarial Trial system The accused may never be called to the witness stand to

explain their actions The burden of proof rests entirely on the Crown to prove beyond

a reasonable doubt the guilt of the accused Limited role of the judge

Applies to all provinces except Quebec and Federal statutes

Aboriginal Influences

Oral tradition Based on principles of fairness and justice

Discouraged hierarchies and private property – a source of conflict

Early settlers failed to respect the Aboriginal laws and customs

Only now gaining some influence Treaty Rights Restorative Justice

1. Substantive law the actual laws that people must follow, and there are

penalties for breaking these laws. It lists the rights and obligations of each person in

society. Divided into Public and Private law

Public law controls the relationship between government and the people who live in society.

E.g : Criminal Constitutional and administrative law

Private Law deals with individuals E.g : Family, tort, contractual property and labor law

2. Procedural Rules on how to create and enforce our laws

2 types of law

CANADIAN LAW

Substantive Law(Statute and Case Law)

Procedural Law

Public Law Private (Civil) Law

CriminalLaw

ConstitutionalLaw

Administrative Law

FamilyLaw

ContractLaw

TortLaw

Property Law

LabourLaw

International Law Domestic Law