Functions and Types of Law

Functions of Law

• Regulates society, ensuring fairness, resolving disputes, maintaining order, protecting freedoms, and delivering justice.
• Differs from rules, which are informal guidelines lacking legal consequences outside specific groups.

Types of Law

• Constitutional Law: Governs the relationship between government levels, protecting fundamental rights.
• Administrative Law: Regulates government agencies and officials, ensuring legal actions.
• Criminal Law: Deals with actions harmful to society, prescribing punishments.
• Tort Law: Addresses civil wrongs, compensating for harm.
• Labour Law: Governs employer-employee relationships, including unions and rights.
• Family Law: Covers family relationships, including marriage, divorce, and support.
• Contract Law: Governs legally binding agreements.
• Property Law: Concerns ownership and use of real and personal property.
• Environmental Law: Addresses environmental impact like pollution and conservation.

Public vs. Private Law

• Public Law: Concerns the individual-government relationship (criminal, constitutional, administrative).
• Private Law: Concerns disputes between private individuals or organizations (torts, contract, family).

Court System Structure

• Lower Courts: Handle minor offenses and civil disputes.
• Superior Courts: Handle serious cases and significant disputes.
• Appeal Courts: Review lower court decisions, interpreting the law.
• Supreme Court of Canada: Highest court, interpreting the Constitution and making final decisions.

History/Origins of Law

• Hammurabi Code: Early legal system focusing on justice.
• Mosaic Law: Based on Ten Commandments, forming the basis of Jewish law.
• Roman Law: Influenced modern law, particularly property and contract.
• Greek Law: Introduced democracy, citizenship rights, and trial by jury.

Rule of Precedent (Stare Decisis)

• Courts rely on past similar decisions for consistency and fairness.

Canada’s Constitution

• British North America Act (1867): Created Canada as a self-governing dominion.
• Constitution Act (1982): Brought the Constitution under Canadian control.

How a Bill Becomes a Law

• Proposed bill is debated, amended, and voted on in Parliament.
• Approved bill is signed by Governor General to become law.

Division of Powers

• Federal Government: Handles national matters (defense, immigration, criminal law).
• Provincial Governments: Deal with areas like education, healthcare, and property law.
• Municipal Governments: Handle local issues (zoning, policing, waste management).

Influences on Human Rights

• Magna Carta: Influenced constitutional law and human rights.
• American Bill of Rights: Influenced protection of individual rights.
• French Declaration of the Rights of Man & Citizen: Focused on liberty and equality.
• Universal Declaration of Human Rights (UDHR): Established a global standard.

Canadian Charter of Rights and Freedoms

• Section 1 - Reasonable Limits Clause: Rights can be limited in a free society.
• Section 2 - Fundamental Freedoms: Freedom of thought, belief, expression, etc.
• Sections 3-6 - Democratic and Mobility Rights: Voting, running for office, and moving.
• Sections 7-14 - Legal Rights: Right to life, liberty, security, fair trials.
• Section 15 - Equality Rights: Protection against discrimination.
• Sections 16-22 - Language Rights: Right to use English or French in federal institutions.
• Section 25 - Aboriginal Rights: Acknowledges Indigenous rights and traditions.
• Section 33 - Notwithstanding Clause: Allows governments to override certain Charter rights.

Oakes Case and Test

• Oakes Test: Determines if laws limiting Charter rights are justified. Considers pressing and substantial objective and proportionality.

Ontario Human Rights Code

• Protects against discrimination in employment, housing, services, providing equal opportunity.

Criminal Law

• Criminal vs. Civil Law: Criminal law involves offenses against the state, while civil law involves private disputes.
• Proof required: Criminal law requires "beyond a reasonable doubt," while civil law requires lesser proof.
• Types of Criminal Offenses: Indictable (serious crimes), Summary (minor offenses), Hybrid (both).
• Key Legal Terms: Actus Reus (physical act), Mens Rea (mental state).
• Parties to Offenses: Aiding, abetting, accessory after the fact.
• Courtroom Players: Judge, prosecutor, defense attorney, jury.
• Criminal Procedures: Arrest, search warrants, jury selection.
• Criminal Defenses: Self-defense, mental disorder, entrapment.

Sentencing

• Purposes: Punishment, rehabilitation, deterrence, justice.
• Sentencing is done only by the Judge, including Pre-Sentence Reports.
• Diversion Programs are alternative measures for minor offenders, like community service.

Youth Justice System

• Focused on rehabilitation and reform instead of punishment.

Prison System & Release

• Parole: Early release with conditions.
• Statutory Release: Automatic release after serving part of a sentence.

Civil Law

• Family Law: Covers marriage, divorce, child custody, support.
• Tort Law: Deals with negligence, defamation, and nuisance.
• Contract Law: Contains elements of offer, acceptance, consideration, and intention.

Important Terms

• Mens Rea: Criminal intent.
• Actus Reus: Physical conduct.
• Bail: Temporary release until trial.
• Habeas Corpus: Right to appear before a court if detained.

SIU (Special Investigations Unit)

• Civilian law enforcement agency investigating serious incidents involving police and civilians. Their jurisdiction is limited to those incidents resulting in serious injury, death, or sexual assault allegations involving police and civilians.