A brief point form overview of the Canadian Legal System

Topics

System's purposes

System's participants

System's structure

Lawmaking power in theory and practice

Teminology

System's Purposes

Regulate Society

Prohibitions

Prevention of construction of residences unless certain requirements are met.

Permissions

Incorporation process to limit personal liability

Procedure for creating condominium titles

Right Creation

Laws permitting private property

Copyright laws prevent one's work from being freely reproduced

Trade-mark laws prevent competitors from selling similar products or services under their competitor's name

Laws permitting or prohibiting hiring according to race

Human Rights Code anti-discrimination provisions and affirmative action provisions

Dispute resolution

Between governments and citizens

Criminal prosecutions

The crown prosecutes because they believe they have sufficient evidence to convict of a crime.

Administrative law

Someone thinks a rule in a statute has been made by a government without the authority to make the rule.

Between citizens

Civil Litigation (lawsuits)

Your neighbot sues you because you back you cut down a tree that falls onto their house.

Provide clear rule system to enable citizens to conduct their affaris according to law

Sources of certainty

Rule sources (Legislators, Delegatees, Courts)

Rule content (preceise vs. ambigous wording)

Precedent theory

Theory that similar fact situations should have similar results

Sources of uncertainty

Multiple jurisidictions

Federal, provincial and beaurocracies

Multiple court levels

Queen's Bench, Court of Appeal, Supreme Court of Canada

Time passage and context change

Old precedents in a new society

System's Participants

Legislators

Parliament, Provincial legislators

make statutes

Courts

Judges

make decisions, usually written precedents

Disputants

Citizens and the government

Dispute

Enforcers

Sherrifs, Police, Penal Officers

Enforce the statutes and court orders

System's structure

Constitution

Division of legislative power between federal and provincial governments

Charter of Rights and Freedoms

Prevents some legislative activity and govermnet action

Legislators

Parliament, Provincial legislators

make statutes

Courts

Judges

make decisions, usually written precedents

Hierarchal structure

From courts of first instance to Court of Appeal to Supreme Court of Canada

Rule form

Statutes by legislators

Environment Act

Subordinate legislation by identified delegatees

Regulations under the Environment Act

Cases by courts (judges)

The court's decision in R. v. Friskie

Lawmaking power in theory and practice

Theory

Legislators make legislation, courts apply legislators' legislation

Practice

Courts define legislators' legislation through interpretation

The extent definition provides meaning, courts legislate

Courts make rules in disputes for which legislation is silent

Terminology

Precedent = Stare Decisis

Common Law = Legal system Britain exported

Common Law = rules made by courts

Civil Law = Legal system originating with Justinian

Civil Law = rules between citizens

Criminal / Administrative Law = rules between governments and citizens