U1 TEST

• Branches of law under Private vs Public Laws

  • Public Law: Criminal Law, Constitutional Law, Administrative Law
  • Private Law: Family Law, Contract Law, Tort Law, Property Law, Labour & Employment Law, Will & Estates
• Jurisdiction

  The legal authority of a court or legal system to hear and decide a specific case
• Precedent

  Where future judges can look to this ruling for guidance, "To stand by what has been decided"
• 3 sources of law

  • Common Law
  • Statute Law
  • Constitutional Law
• Responsibilities of each government level

  • Federal: Global Affairs, National Defence, National Revenue
  • Provincial: Citizenship & Immigration, Education, Service Ontario
  • Municipal: Public Lighting, Fire services, Police Services
• Justice

  The fair and equal application of legal principles
• Divisions of law

  • Substantive Law: Consists of all the law that list the obligations and rights of each person in society
  • Procedural Law: Outlines the steps involved in order to protect the rights of Substantive Law
• 3 principles of The Rule of Law

  • Law is necessary to keep peaceful order
  • Law applies to everyone equally
  • No one can have unrestricted power to limit rights unless authorized by law
• Ultra vires

  “Unenforceable Law” not within the powers of that level of government to make laws in the particular area
• Rule of law

  The fundamental principle that the law applies equally to all persons, in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules; called the law
• Importance of BNA within the Canadian Constitution


  • Laid the foundation for the creation of the Dominion of Canada, defined the distribution of powers and responsibilities between the federal and provincial governments
  • Charter of Rights & Freedoms guarantees fundamental rights and freedoms to all Canadians, serves as a constitutional framework for protecting individual rights and liberties
• Precedent is set by judges
• Difference between a rule & a law

  • Rules resemble law but are not enforced by court
  • You may opt out of rules
  • Cannot be arrested for not following rules, only penalized
  • Law must be recognized and followed by all members of society
  • You cannot opt out of laws
  • If you break a law, whether you believe in it or not, you are punished
• Statutes

  Laws enacted by federal or provincial/territorial legislatures which are formally written and codified
• 5 Functions of Law

  • Establish Rules of Conduct
  • Provide a System of Enforcement
  • Protect Rights & Freedoms
  • Protect Society
  • Resolve Disputes
• Branches of law under Private vs Public Laws

  • Public: Criminal Law
  • Constitutional Law
  • Administrative Law
  • Private: Family Law
  • Contract Law
  • Tort Law
  • Property Law
  • Labour & Employment Law
  • Will & Estates
• Divisions of law

  • Public: Controls the relationship between the government and the people who live in society - Criminal Law, Constitutional Law, Administrative Law
  • Private: Outlines the legal relationship between citizens and organizations (Companies) - Family Law, Contract Law, Tort Law, Property Law, Labour & Employment
• The Constitution Act allows for amendments to be made without British Approval and ensures Canadians live in a Just society
• Canada was allowed to make its own laws through the British North America Act, Statute of Westminster, and Constitution Act
• Steps that law proceeds forward

  1. Divisions of law chart

  2. Common law, Statute law, & Constitutional law (how are each passed?)

  3. How is Domestic Law divided?
• The Constitution of Canada is the legal document that sets the fundamental rules and principles for the governance of the country
• How is Domestic Law divided?

  • Substantive: Consists of all the law that list the obligations and rights of each person in society
  • Procedural: Outlines the steps involved in order to protect the rights of Substantive Law
• Precedent is when a judge makes a ruling to clarify a law where there is no previous ruling
• Equality vs Equity Concept

  • Equality
  • Equity
• Common law, Statute law, & Constitutional law (how are each passed?)

  • Common Law: Precedent
  • Statute: Bubbles
  • Constitutional Law: 7/50 Formula, 3 Readings
• Legal relationship between citizens and organizations (Companies)


  • Main purpose is to manage the behaviour of persons and organizations in conflict with each other, and to pay damages to those who have been wronged
• Judicial Branch

  • Comprised of various courts of Canada which decide who broke the law, and the corresponding punishment
  • EX: Supreme Court, Provincial Courts, Boards, & Tribunals
• Statute Law creation

  Idea -> Executive and Legislative branches propose new laws -> Legislative branch debates the proposed law -> Executive Branch administers the details -> Judicial branch interprets and resolves disputes
• Mayor Brian Bowman rides in the Canada Day Parade

  Municipal & executive
• How a new law is created

  Idea -> Cabinet Minister introduces a bill into the House of Commons -> Three Readings and a Committee stage -> First reading -> Second reading -> Sent to a committee for study and amendments -> Third reading -> Sent to the Senate for approval -> Sent to the Governor General for final approval
• Legislative Branch


  • The legislative bodies of Canada that make and debate laws
  • EX: Parliament, Legislative Assembly, City Council
• Levels of law

  • Federal
  • Provincial
  • Municipal
• Executive Branch

  • Composed of the Leader and the Bureaucracy that carry out the business and laws of Canada
  • Leader: Prime Minister, Premier, Mayor
  • Bureaucracy: People & agencies of the government
• Supreme Court hears 40-70 cases per year
• Types of law

  • Family Law
  • Contract Law
  • Tort Law
  • Property Law
  • Labour & Employment Law
  • Will & Estates