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Questions and Answers
What are laws enacted at either the federal or provincial/territorial level called?
What are laws enacted at either the federal or provincial/territorial level called?
statutes, legislation, or acts
Who gives royal assent for laws passed by provincial legislatures?
Who gives royal assent for laws passed by provincial legislatures?
Lieutenant Governor of each province
What are regulations and how do they relate to general laws?
What are regulations and how do they relate to general laws?
Regulations are specific laws made by government organizations to carry out the purposes of general laws or expand on them. They have the force of a law.
What is the role of regulations in the legislative process?
What is the role of regulations in the legislative process?
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How does the process of making laws in Canada involve both federal and provincial/territorial legislatures?
How does the process of making laws in Canada involve both federal and provincial/territorial legislatures?
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What is the significance of royal assent in the legislative process of the provinces?
What is the significance of royal assent in the legislative process of the provinces?
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Study Notes
Overview of Canada's Legal System
- Comprises a blend of common law and civil law traditions.
Common Law Tradition
- Defined as law not codified as legislation but evolved through judicial decisions.
- Operates on a system of precedent, where past decisions guide judges in new cases.
- Flexible and adaptable, allowing for new legal doctrines to emerge or existing ones to change based on circumstances.
Civil Law Tradition
- Civil codes offer comprehensive sets of rules framed as general principles for dispute resolution.
- Courts prioritize the civil code over past decisions, seeking consistency with earlier rulings.
- Quebec is the sole province utilizing a civil code, which is influenced by the French Code Napoléon (Napoleonic Code).
- The remainder of Canada follows common law practices.
Criminal Code
- A significant code applied throughout Canada, governing criminal law.
Aboriginal and Treaty Rights
- Aboriginal rights are tied to the historical occupancy and use of land by Indigenous peoples.
- Treaty rights are established through agreements between the Crown and Aboriginal groups.
- The Constitution enshrines and safeguards both Aboriginal and treaty rights.
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Description
Learn about the Canadian legal system, which is based on a combination of common law and civil law. Explore the evolution of common law, its reliance on precedent, and its flexibility in adapting to changing circumstances.
