Unit 1 – Heritage of Law Chapter 2 – Sources and Categories of Law Primary Sources of Law.
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Transcript of Unit 1 – Heritage of Law Chapter 2 – Sources and Categories of Law Primary Sources of Law.
Unit 1 – Heritage of LawChapter 2 – Sources and
Categories of Law
Primary Sources of Law
Agenda
1. Primary Sources of Law lesson 2. Take-up Brandeis Brief/Court
(1908), p.81 & do ?’s 1-3 on page 81 4. Homework-read Re Resolution to
Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s 1-4 on p.45
Learning Goal for Today
By the end of the lesson(s), students will be able to distinguish between primary and secondary sources of law
Expectations
Students will: distinguish between primary and secondary sources of law
CGE7e – witnesses Catholic social teaching by promoting equality, democracy, and solidarity for a just, peaceful and compassionate society
Primary Sources of Law
Primary Sources of Law Those parts of the legal system that
have the longest historical development
Represent the system’s cumulative values, beliefs, and principles
Primary Sources of Law
Influence of Social and Political Philosophy
Holocaust US Civil Rights Movement CCF/Depression impact on social
security, EI, and workers’ compensation
Parti Quebecois/Bloc Quebecois
Primary Sources of Law
Is Anti-Semitism Dead?(Don’t Write)
One cartoon, in Montreal’s fiscally conservative but otherwise left-leaning La Presse, showed Dumont dressed up as an ultra-orthodox Jew, sporting sidecurls and a broad-brimmed fur hat, with a sinister and crazed expression on his face. “Next week, I’ll be courted by nude cyclists…” he says. No matter that Quebec’s Jews are mostly secular and bilingual, or that the ultra-orthodox make up a minuscule minority of Quebec Jewry – less than 5%. The same paper’s page one headline, “Dumont courtise par la communaute juive,” was included inside the cartoon. The fact that Dumont’s having met with Jewish fundraisers earned it front page coverage speaks volumes, as does use of the word “courtise,” or “courted.” Dumont, it seems, was being seduced by those who would lead him down the primrose path.
Primary Sources of Law
Is Anti-Semitism Dead?
Discuss
Primary Sources of Law
Drummond Wren, [1945] OR 778 (HC, in Chambers)
Restrictive Covenant regarding Jews or persons of objectionable nationality
Against Public Policy Violated Racial Discrimination Act
passed in Ontario in 1944
Primary Sources of Law
Custom – a long established way of doing something, that over time, has acquired the force of law (original Sunday shopping ban)
Convention – a way of doing something that has been accepted for so long that it amounts to an unwritten rule (ex. Governor General is Canadian)
Primary Sources of Law
Canada’s laws reflect our Judeo-Christian heritage
Primary source Old Testament of Christian Bible First 5 books include Jewish Torah
Primary Sources of Law
Core of laws – 10 commandments, forbade:
Murder and theft False witness Worship of other gods
Christianity – as taught by Jesus, contained the 10 commandments and many other aspects of Jewish Law
Primary Sources of Law
Religion came to Canada along with Christian missionaries and colonists in
the 16th and 17th century Profound effect on Canadian law
Ex Preamble of Charter: Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law
Natural law connection
Primary Sources of Law
Other countries have laws that reflect their religious heritage
Examples? Qur’an, Hinduism, Shintoism
Canada’s laws also reflect the influence of moral philosophy or ethics
Primary Sources of Law
Moral philosophy deals with the distinction between right and wrong in human behaviour and laws are affirmations of what society considers good and bad
Canada’s laws reflect strong moral sense that certain actions are wrong by their very nature – not because religion forbids it but because human reason tells us so
Humor Break
Homework
Homework-read Re Resolution to Amend the Constitution of Canada, [1981] 1SCR 753 p.44 & do ?’s 1-4 on p.45
Complete reading and summary notes according to last Friday’s handout
Primary Sources of LawHandout (given out last Friday):Summarize notes from Chapter 2 for: Lord’s Day Act (religious origin, issue,
passage, challenge by big M) Greek Influences (citizen
participation & jury – s.3/11 of Charter)
Roman Influences (Code, lawyers) Aboriginal Influences (oral tradition,
Gayanashagowa, self-government, Nunavut)
Primary Sources of Law
Summarize Notes for: British influences – huge influence
(jury, presumption of innocence, rule of law)
medieval history (trial by ordeal, William, King Henry II/circuit judges = caselaw/common law)
Primary Sources of Law
Summarize notes for: French Influences (French civil law &
where it came from and link to Quebec civil code)
Primary Sources of Law
Summarize notes for: Canadian examples of influence of
custom and convention (village/beach ex. and repatriation constitutional amending formula convention contraversy)
Note case on point on page 44 & 45 is part of assigned cases and questions
