Canadian Constitution & Legal System

• Law consists of rules shaping society, enforcing behaviors, and reflecting societal values.
• Regulations ensure certainty for future planning and property security, like freezing interest rates or fixed employment contracts.
• Law originates from defined customs and traditions and leaders/hierarchy.
• Over time, complex laws develop in response to societal changes.
• Law is reactionary, adapting to societal events.
• Population increases and immigration lead to more interactions, resulting in more conflicts.
• Technological advancements raise privacy and data issues as well as issues about AI.
• The purpose of law today is ensuring security, enforcing standards of conduct, and maintaining the status quo.
• Lack of status quo creates chaos.
• Justice isn't always achieved through law.
• The written law is rigid and strictly applied.
• Judges have discretion in applying laws.
• Laws are decided by the majority to address their needs.

Ethics

• Ethics are values distinguishing right from wrong.
• Business and ethics have opposite goals, such as profit vs. human values.
• Ethics are applied to establish and evolve laws.
• Ethical values include privacy and protection from harm.
• Ethical values become law when large consensus is reached and there is a serious community threat.

Domains of Law

• Private law impacts individuals, public law impacts the public.
• Civil law is applied by courts and created in France.
• Common law is derived from England, and used in Canada.
• Canada balances both common and civil laws.
• Court decisions set precedence.
• Past juridical examples create future law.
• They can be cited and referenced as jurisprudence.
• Compensation may be given for property damage (broken wagon) and revenue loss.
• A judge can strike down precedents between states and courts.
• Substantive law outlines law's content.
• Adjective law details its application, it is a how to guide for using the law.
• A lawsuit occurs when something is owed (property, money, service, obligation).
• Lawsuits are initiated upon discovering damages.
• The balance of probabilities at 50% + 1 determines the more right person, as well as the winning verdict in civil law/private cases.
• Criminal cases require 100% proof.
• Compensation requests begin when the court convenes and a judge is present.
• Parties involved are the plaintiff and defendants.
• Lawsuits are filed where the defendant lives or has property, where the cause occurred, where the contract finalized, or where the disputed property is located.
• You can sue the moment you become aware of the damages.
• Prescription/Statute of limitations means after a certain time you lose your right to sue.
• Evidence like testimonies changes over time to become unreliable.
• Limitations for municipality civil liability is a 6 month period.
• Limitations for unpaid salary (6 months of salary) is a 1 year period.
• Limitations for Libel/slander is 3 years.
• Limitations for Execution of judgement is 10 years for collecting.
• Limitations for Personal injury or damage to property * is 3 years.
• Limitations referring to the baby parentage is 2 years.
• Default limitation is 10 years, commonly 3.
• The legal system consists of legislative mechanism, laws, and law administration/enforcement.

Canadian & Quebec Legal Systems

• Authority to enact law is granted to elected officials.
• The Constitution Act of 1982 (BNA Act) grants power to federal (s.91) and provincial (s.92) governments.
• The federal government can make national laws for postal offices and military defence
• Residual Powers Clause addresses non-local issues
• The provincial government makes law for smaller issues.
• Provincial powers include hospitals, municipal institutions, shop/saloon/tavern/auctioneer/licenses, property/civil rights, and local matters.
• To make a law, the cabinet introduces an idea that must pass 3 votes and 2 committees.
• The Legislature must pass a bill through the house of commons, the senate, and be signed by King/Governor general.

Law Sources

• Six sources develop/restrict laws: the Constitution, statutes, jurisprudence, doctrine, custom, and administrative laws.
• The Constitution is the supreme law
• Sections 91 and 92 of Constitution Act, 1867 (Parliamentary Supremacy) existed without the Charter of rights.
• The Constitution Act of 1982 (Constitutional Supremacy) made constitutions top law ensuring rights.
• The Canadian Monarchy got its rights due to the Constitution Act 1982 decision.
• Section 52 states "the supreme law of Canada."
• Statutes are government-decided laws.
• Jurisprudence are judge rulings
• Doctrines of Stare Decisis declares that lower courts must respect decision by higher courts.
• The Supreme Court or the Government can change a preceedence.
• Judicial activism consists of judges making laws following the supreme court
• Doctrines are written commentaries on the law.
• Customs/Traditions are accepted by a community and can be argued as law.
• Courts must accept customs that don't conflict with statutes.
• Customs can be made into a statue.
• Administrative Laws give smaller bodies power to make laws.
• The third element of the Legal system is Administration and Enforcement.
• The municipal court deals with municipal bylaws and minor crimes.
• Cases hear are under 1k.
• Small Claims Court offers fast resolution without lawyers, anyone can sue.
• The judgement will takes about 1 year to see judge.
• Cases in Small Claims Court can not exceed $15000.
• Businesses be represented by workers/employees.
• The Small Claims Court is not available in cases for business with above 10 employees.
• Creditors reducing debt can sure here (forfeiting remaining debt).
• There are no appeals to a Small Claims Court ruling.
• The court of Quebec hears cases up to $85,000.
• Exceptions for the court of quebec are alimentary pension and federal cases.
• The conditions of exception include appeals to Quebec Court of Appeal and no appeals for cases under $60 000.
• Vague laws can be appealed
• The Superior Court hears class action lawsuits.
• There are 3 conditions: Court of first instance meaning only new cases, all cases over $85 000, and all cases not assigned to other courts.
• In superior claims, small claims an municipal cases, there are no JURIES.
• Courts of Appeal are composed of 7 judges, with 3,5 or 7 hearing a case, and decisions are based on majority present.
• Rulings from Courts of Appeal can be argued on error of law or fact.
• Applying for leave grants permission to be heard.
• Claims can be filed in cases where a ruling included error of law, error of facts of the evidence, or the law is too vague.
• Results from the Courts of Appeal can include upholding the old decision, overturning the decision, or sending it back to a lower court. for a retrial different judge.
• Supreme Court judges are select by the prime minister.
• Case Picks for the Supreme Court usually involves the national interest.
• There are 9 judges, 3 from Quebec, based on Quebec's civil system.
• The Supreme Court hears cases with Error of Law or Fact •
• Tribunals are mini courts and Administrative Tribunal boards.
• The conditions of Administrative Tribunal Boards include is Enacted by administrative regulations, with a person appointed to act as judge, internal review mechanism of Administrative decisions, and rarely any appeals.

Legal Profession

• Judges are selected by the government.
• The court system is adversarial instead of inquisitive, outside Small Claims Court.
• Judges aren't to be involved in the case, instead act as a referee.
• In Small claims court, the opposite is true.
• Supreme Court Judge qualities needed are Skill or Nepotism.
• Court of Quebec Judges must apply.

Lawyers

• Lawyers are members of the Quebec Bar.
• Program to become a lawyer is 4 years schooling and 1 year internships.

Notaries

• Notaries cannot represent in court
• They have the exclusive right to prepare certain contracts.
• Notaries produces authentic fool proof documents, which “make proof of their own contents"
• Examples of this is succession wills, notaries prove legitimacy.

Mediators and Arbitrators

• Mediators and Arbitrators cannot represent in court.
• They are objective 3rd parties.
• Mediators aim for agreement between both sides, but has no enforcement power.
• Arbitrators make binding final decisions, effectively stating the new laws.

Personal Rights

• Democracy is challenged by opinions and majority rule over minorities.
• Individual rights aim to balance individual rights with societal goals.
• An example is forcing the population to wear masks for societal goals to stop Covid-19.
• The Canadian Charter of Rights and Freedoms states that none of all rights are absolute.
• Rights stop the moment the law is infringed. Entrenched rights and application are given, including to change the constitution.
• The Constitution Act, 1982, included the Canadian Charter of Rights and Freedoms.
• The Charter was entrenched and thus protected in the Constitution.
• To change the consitution there needs to be 7 agreeing provinces.
• 50% of the population also need to be in border.
• Government must respect the Charter.
• The Charter can be used against other individuals protecting citizens against the government from private people.
• Protected Rights must be respected by federal, provincial, Municipal, and government associated organizations and employees.
• Violations between private people are not protected by the Charter.
• Fundamental Freedoms (s.2) include Freedom of religion, thought, expression, and association.
• It must respects the basic equality of man and women.
• The conditions of Democratic Rights (s.3 - 5) include the Right to vote and run for office.
• There are conditions and regulations.
• The conditions of Mobility Rights (s.6) include Freedom to travel and work throughout Canada and the right to profit in Canada.
• The conditions for Legal Rights (s.7 - 14) include the Right to life, liberty, security and judicial protections, remaining innocent until proven guilty.
• Equality Rights (s.15) include Protection from discrimination.

Discrimination

• Discrimination refers to using something about an individual and using it against them.
• 3 Conditions must be me (Law v. Canada 1999): • Non-exhaustive list • Actions to help women and Minorities through affirmative actions. • Amelioration of conditions: making a law to make better conditions
• The Notwithstanding Clause (s. 33) -> taking away the rights.
• The parliament or legislature may declare charter void under sections 2 and 7-15.
• They can make a law that can violate your rights but it will stand if the law is broken.
• The government can limit rights found.
• It must renew every five years. (sunset clause)
• The Oakes Test (s.1) states that freedoms allow limits prescribed by law justified in a free and democratic society.
• Democracy can take away laws but if its serious and Justifiable.
• Oakes test steps incldue that limits have to be serious and justifiable.
• Is the objective justified and does the means chosen appear to be reasonable.

Quebec Charter of Human Rights and Freedoms

• The Quebec Charter can be used in violations between private people.
• The Quebec Charter isnt entrenched in a constitution therefore it can be changed quicker.
• Fundamental Freedoms and Rights (s.1 – 9) include:
• Right to life and security and right to assistance, except for fear or other valid reason.
• Freedom of expression, opinion and religion and safeguards for dignity and privacy, but they're not absolute.

Protected Rights

• For privacy to be legal: They ask for your permission and you accept, if the person os public, Newsworthy events are okay(Halloween parades).
• S.10 Discrimination is defined as An act that nullifies or impairs a right, but only rights listed are protected and A lot "depends".
• S.13 Discriminatory clauses in contracts are void.
• S.14 Discretion for room leases if one room in home and not advertised
• S.15 Can't deny access to public place unless undue hardship is proven based on security.
• An Economic issues must be a present issue that can financially burden handicap access.
• The solution comes from the proof of trying your best to provide solutions.
• S.18.1 No obligatory S. 10 questions in application forms and interviews.
• S.18.2 One cant discriminate against job applicants due to past criminal record.
• S.19 The conditions of Equal pay include the aptitude and qualifications, as well as equitable plans.
• s.20 the conditions with has based are as follows with aptitude and qualifications, as well as non for profit religious organizations.
• In enforcement Section 49 allows to sue for injunction.
• Material/Moral damages are possible for payment.
• Punitive damages serve as additional damages as results and have three conditions listed.
• Limitation: A person can find someone innocent if and only if is not accused with another action.
• Section 9.1 allows government to limit rights and must be proven with Oakes Test.

Cases (Study These by Heart)

• The case name is Multani vs. Commission scolaire Marguerite-Bourgeoys with the question of freedom of religion and a school limit when it is in question with weapons.
• MMB said carry wooden one and Rights said it violated it.
• The courts agreed there wa an agreement between the two and with the principal.
• The appeal courts questioned a kirpan as not safe overrule.
• Parents went to supreme court after having a disagreement.
• Administrative test wrong and not relevant, and 1-2 are demonstrated as what they are at first.
• the court says it is not possible to have a perfect society.
• In the Northcrest vs. Amselem, it deals with the right to succah by the balcony where it is said that you can't put out your balcony
• setting up succahs is a Quebec legal issue since the issue of 9 days in a Quebec charter deal happens in a Quebec issue
• This is opposed by claiming values in Northcrest until a final court statement and ruling is passed for or Against Amselem

The case name for discrimination under conditions follows:

• R. v. Kapp [2008] and they can only exist if it is to elevate the conditions
• Decision: Not every destination is discriminatory and ameliorate the disadvantage is not discrimination.
• Therrien vs. The Minister of Justice, states the question if one can remove themselves fully with crimes.
• Makes new test that’s basically oak test. 1: is the standard connected to the job 2: Was it adopted in good faith.

Midterm Study Guide

• 6 sources of law are Jurisprudence, Doctrine. Legislation Constitution, Statute, and traditions.
• Quebec Court has exceptions especially Familial and Federal
• Administrative Tribunal (Board ) should.

Punitive conditions

• Can't have bad record relate a law and Do it with intent
• Substantive and adjectives go over the law.

This quiz covers the Canadian Constitution, division of powers, legislative processes, and legal doctrines. Questions address the Constitution Act, federal and provincial jurisdictions, and legal precedents. It also covers Quebec's civil law system and limitation periods.