Canadian Law Module 3 Quiz

Overview of Canadian Law Sources

• Statute law fills gaps in common law and equity or replaces common law decisions.
• Created through a specific process defined by Canada's Constitution, provinces follow a similar enactment process.
• Common law, originating from British legal tradition, relies on precedents set by royal court decisions.

Principles of Equity and Administrative Law

• Equity emerged from direct appeals to the monarch for dispute resolution, evolving into principles guiding decisions outside common law.
• Administrative law comprises regulations enabling implementation of large-scale laws by designated regulatory bodies.
• Military Courts operate under the federal National Defence Act, handling breaches of military conduct.

Structure of the Court System in Canada

• Provincial Courts of Appeals serve as the highest provincial courts, hearing civil and criminal appeals from Superior Courts.
• Provincial Superior Courts deal with serious civil/criminal cases and can grant divorces, with varying names across provinces.
• Most criminal, family, and small claims cases are managed by Provincial Courts, which also conduct preliminary inquiries for serious crimes.

Distinction between Criminal and Civil Cases

• Criminal cases involve acts injurious to society and are initiated by the State against an individual termed the accused.
• Civil cases arise between individuals or parties, typically applying statute law; common law provides some defenses.
• The Criminal Code of Canada encompasses most criminal offenses, while remedies in civil cases include specific performance and injunctions.

Appellate Process

• Appeals involve reviewing trial verdicts or sentences to potentially alter the court's decision, ensuring legal safeguards.

Alternate Dispute Resolution (ADR) Methods

• ADR resolves disputes privately, outside of traditional civil litigation, promoting efficiency and respect among parties.
• Key ADR methods include:
  • Negotiation: Disputants independently address their issues with possible external coaching.
  • Mediation: Involves a neutral mediator facilitating discussions between conflict parties to achieve consensus.
  • Arbitration: An independent arbitrator, often a specialist, resolves disputes, and parties bind themselves to the arbitrator’s decision.

Benefits of ADR

• Generally faster and more cost-effective than litigation.
• Designed to respect all parties involved, fostering a cooperative resolution environment.