Types of Canadian Law

• What are the two types of Canadian law? Define them.

  The two types of Canadian law are:

  1. Substantive Law: Laws that set out the rights and obligations of each person in society – includes the criminal code.
  2. Procedural Law: The legal process that protects and enforce the rights set out in substantial law.
• What type of law system is the Canadian legal system? Define the system.

  The Canadian legal system is a common law system. Common law emerges from decisions made by judges in the Royal Courts and was based on the notion of precedent which is a feature of our legal system where the judges look to past decisions of other judges to make a decision.
• Common Law

  Law that is based on customs, traditions, and practise, and is generally unwritten – also known as judge-made law.
• What is stare decisis?

  Stare decisis refers to the hierarchy the Canadian courts are organised in. The underlying principle of this is that similar cases should be treated alike. Once a higher court rules on an issue, all the other courts below it are bound to apply that ruling in subsequent cases.
• Statute Law

  Written laws that have been enacted by a legislative body such as the Parliament of Canada.
• Case Law

  Laws that is established by the previous court decisions and is based upon the rule of precedent.
• Criminal Law

  The body of law that deals with conduct considered so harmful to society as a whole that it is prohibited by statute, prosecuted, and punished by the government.
• What are the functions of the criminal law?

  The functions of criminal law are: (1) acts as a mechanism of social control, (2) maintains order, (3) defines the parameters of acceptable behaviour, (4) reduces the risk of personal retaliation, (5) assists in general and specific deterrence, (6) prosecutes criminalised behaviour, (7) and protects group interests.
• What are the two primary sources of criminal law in Canada?

  The two primary sources of criminal law in Canada are legislation and judicial decisions.
• Rule of Law

  The requirement that governments as well as individuals be subjected and abide by the law. This is traced back to the English Magna Carta which was issued by King John in June 1215.
• What are four examples of the fundamental freedoms given to all Canadian citizens under the Canadian Charter of Rights and Freedoms?

  The four examples of the fundamental freedoms given to all Canadian citizens under the Canadian Charter of Rights and Freedoms are:

  1. Conscience and religion.
  2. Thought, belief, opinion, and expression. This includes the freedom of press and other media of communication.
  3. Peaceful assembly.
  4. Association.
• What the Charter provide for Canadian citizens?

  The Charter provides protections for individuals and ensures fairness during legal proceedings. All of the components of the criminal justice system must operate in a way as to not violate the rights guaranteed
• Criminal Code

  Federal legislation that sets out criminal laws, procedures for prosecuting federal offences and sentences, and procedures for the administration of justice.
• Criminal law is what in the Criminal Code of Canada? Who proposed this?

  Criminal law is enshrined in the Criminal Code of Canada. At the confederation of Canada in 1867, then Prime Minister Sir John A. MacDonald insisted that Canada should have a single criminal law for the entire country and not replicate the English model.
• When was the first Criminal Code produced and who was under the leadership of this production?

  The first complete Criminal Code was produced in 1892 under the leadership of Sir John Thompson.
• What's the difference between criminal and civil law? What is the key difference?

  The difference between criminal and civil law are:

  • Criminal law concerns offenders who are criminally liable for doing wrong; the government prosecutes the alleged offender and is placed under the supervision of corrections authorities.
  • Civil law are disputes between individuals. The person who feels wronged brings legal action and the person who wronged may be required to pay damages.

  The key difference is that there is no potential for loss of liberty in a civil suit.
• What is the key difference between criminal and civil law and how does it relate to the standard of proof required to convict a person of wrongdoing?

  The key difference between criminal and civil law in relation to conviction is:

  • In a criminal trial, the prosecutor must prove the defendant is guilty "beyond a reasonable doubt."
  • In a civil trial, liability is determined by using the standard of "the balance of probabilities."