Introduction to Canadian Law

• Law affects daily lives, covering areas like school rules, human rights, property and immigration
• Knowing the law enables better choices and helps improve society

Introduction to Canadian Law

• Law is a set of rules for individuals, businesses and the government
• Law evolves with society's values

Law and Society

• Breaking laws results in punishments
• Freedom is limited by legal prohibitions
• Laws vary by country; Canada adheres to the Rule of Law, ensuring fair court settlements

History of Law

• Ancient laws originated from customs and beliefs, later written down
• Code of Hammurabi (1700 B.C.) included harsh punishments based on "an eye for an eye"
• Mosaic Law (1400 B.C.) came from the Ten Commandments
• Roman Law (450 B.C.) established structured legal codes
• The Justinian Code (A.D. 565) established "innocent until proven guilty"
• The Napoleonic Code (18th century) influenced Quebec's legal system

Development of Trials

• Trial by Ordeal involved physical tests to determine guilt
• Trial by Oath Helping meant friends swore innocence on the Bible
• Trial by Combat used fights to determine justice, leading to today's adversarial system

Common Law & Precedent

• Common Law (1066) involved judges recording rulings for consistency
• Precedent ("Stare Decisis") means past decisions guide future cases

The Magna Carta (1215)

• King John signed the Magna Carta, ensuring equality under the law
• Habeas Corpus protects against unlawful imprisonment

Canadian Law Today

• Canadian law is based on English Common Law, except Quebec (French Civil Law)
• Common Law (Case Law) relies on past judge rulings
• Statute Law is written by the government
• These two systems establish Canada’s legal framework

Types of Law

• Code of Hammurabi (1700 B.C., Babylon): First written laws with strict punishments based on "an eye for an eye"
  • Laws regarding trade, family, property, and punishments for crimes
  • Introduced the idea of written laws and consistent punishments
• Hebrew/Mosaic Law (1400 B.C., Israel): Based on the Ten Commandments with moral and religious laws
  • Examples include "Thou shalt not steal," "Thou shalt not kill" and focused on restitution rather than revenge
  • Influenced moral and ethical laws, emphasized justice and fairness
• Roman Law (450 B.C., Rome): Laws written and publicly displayed, applied to all citizens
  • Twelve Tables, Justinian Code (innocent until proven guilty)
  • Basis for modern legal codes, influenced civil law in Quebec
• Feudalism (9th-15th century, Europe): Lords controlled land and justice, laws varied by region with harsh punishments
  • Lords settled disputes, punishments based on social class, and led to centralized legal system
• Precedent (11th century, England): Judges recorded decisions to create consistency in rulings
  • If one case was judged a certain way, similar cases had to follow
  • Foundation of common law, ensures fairness and predictability
• Case Law (Developed over time, England): Law based on past judicial decisions
  • Court decisions that create legal principles
  • Key part of Canadian common law, helps interpret and apply laws
• Rule of Law/Magna Carta (1215, England): No one is above the law, fair trials, limits government power
  • Habeas Corpus (right to be charged before court), due process
  • Established legal rights, justice for all, part of Canadian Charter of Rights and Freedoms
• Parliament/Statute Law (13th century to present, England and Canada): Laws created by elected representatives
  • Criminal Code of Canada, Human Rights Laws
  • Ensures democratic law-making, laws can be changed to reflect society's needs

Introduction to Law – Summary

• Concept of Law: values and principles, like fairness, equality, and authority, that define a legal system
• System of Law: structured institutions and processes (e.g., courts, bail) enforcing laws
• The Law: actual written rules and principles regulating behavior; substantive and procedural law

Legal Concepts Defined

• Ownership: legal right to possess and control property
• Sovereignty: state's supreme authority to govern itself
• Justice: fair treatment according to the law
• Authority: recognized power to enforce laws
• Legitimacy: lawful right to exercise power
• Equality: all individuals treated the same under the law
• Humanity: consideration of human rights and dignity
• Rights: legal entitlements granted to individuals
• Jurisdiction: the official power to make legal decisions
• Power: ability to enforce laws or rules
• Duties: legal obligations individuals must follow

Applying Legal Concepts in Context

• Sovereignty: a nation making its own laws
• Ownership/Power: control of owned property
• Equality: ensuring equal legal protections
• Authority: police enforcing laws
• Jurisdiction: a court's authority over a case
• Morality: ethical considerations in legal decisions
• Justice: fair trials for all individuals
• Duty: a doctor's responsibility to provide care

A Question of Justice

• Lion: strong and aggressive response to injustice
• Dove: peaceful and diplomatic response
• Deer: passive and avoids conflict
• Fox: cunning and strategic, response depends on the situation

Six Essential Principles of Good Laws

• Fairness: apply equally to all
• Transparency: public and understood
• Stability: should not change arbitrarily
• Effective Punishments: deter crime
• Permanent Record: documented
• Enforceability: upheld and implemented effectively

Classes and Types of Law – Summary

• Substantive Law: defines rights/obligations (property ownership, smoking bans)
• Procedural Law: outlines steps enforcing substantive laws (suing a trespasser)

Types of Law

• Public Law governs relationships between individuals and the state
  • Constitutional Law defines government powers/rights (Constitution Act, 1982)
  • Administrative Law regulates government agencies
  • Criminal Law defines crimes/punishments (shoplifting)
• Private Law governs relationships between individuals/organizations
  • Tort Law covers harm/injury claims (car accident lawsuits)
  • Contract Law deals with agreements (recording deals)
  • Family Law covers family matters (custody cases)
  • Labour Law regulates workplace rights (employee injury lawsuits)
  • Estate/Property Law manages ownership/inheritance (selling property)

Test Your Knowledge Examples

• Custody Trial → Private, Family Law
• Constitution Act, 1982 → Public, Constitutional Law
• Selling a Building → Private, Property Law
• Car Accident → Private, Tort Law
• Shoplifting Arrest → Public, Criminal Law
• Recording Deal → Private, Contract Law
• Workplace Injury Lawsuit → Private, Labour Law

Legal Theory – Summary

• CanLII provides access to Canadian legal information
• CRT (Critical Race Theory) examines race in legal systems

Ancient Legal Theory

• Natural Law: universal moral principles govern society e.g., Socrates, Aristotle, Aquinas
  • Socrates: law should align with morality
  • Aristotle: rationalism helps people reach their full potential
  • St. Thomas Aquinas: four types of law – Eternal, Natural, Divine, Human Positive Law
• Positive Law (Legal Positivism): law is independent of morality
  • Thomas Hobbes: law controls chaos, people must obey authority
  • John Locke: people have natural rights (life, liberty, property); government must protect
  • Jeremy Bentham & John Austin: laws judged by usefulness (Utilitarianism)
  • John Stuart Mill: laws should promote happiness

Modern Legal Theories

• Legal Realism: judges interpret law based on personal perspectives, influencing case law
• Legal Formalism: judges apply laws strictly as written
• Marxism: law serves the ruling class
• Feminist Jurisprudence: law has oppressed women (voting rights, divorce laws)
• Critical Race Theory (CRT): law benefits dominant racial groups; aims to dismantle systemic racism

Application in Canada

• Restraint of Power: fair societies have checks to prevent government abuse
• Positive Law influences Canadian legal system (War Measures Act, Charter limitations)
• Courts ensure laws align with justice and rights
• Rule of Law: no one is above the law

Introduction to British Law and Its Influence on Canada

• British Law has significantly shaped Canada's legal practices, including courtroom traditions (Bar, robes)

Early British Law

• In 43 CE, Romans introduced Roman laws, British laws shifted to local customs after Romans left in 410 CE

Trial by Ordeal

• Trial by Ordeal was used in the Middle Ages:
  • God would reveal guilt or innocence
    • Trial by Hot Iron: If the accused held a hot iron & their wound healed → they were considered innocent
    • Trial by Water: If the accused was thrown into water & floated → they were guilty
    • Trial by Combat: A duel, belief that God would help the worthy side win

Adversarial System

• In modern justice, defense and prosecution present arguments before an impartial judge/jury

The Feudal System (1066-1189)

• William the Conqueror divided land among nobles; laws were inconsistent:
  • Some nobles were fair, others were harsh
  • No rights for the accused, no rules of evidence

Common Law

• Under King Henry II (1154-1189), the Common Law system was established
  • Traveling judges sent to hear cases
  • Practice became stare decisis (to stand by decisions) - judges recorded decisions used as precedents for future cases

Legal Reforms

• Jury system first applied in land disputes, with the judge determining verdict
• Magna Carta (1215) signed by King John, limiting king's power
  • Habeas Corpus introduced, requiring authorities to present person before court if arrested

Aboriginal Law

• Early Aboriginal societies in Canada used oral traditions to govern their communities
• The Six Nations Confederacy (Iroquois) had its own Constitution in the Great Binding Law (Gayanashagowa) which addressed issues like emigration and treason
• Law emphasized restorative justice, where the offender recognizes their crime, to restore respect between victim and perpetrator

Summary

• Early British legal practices influenced trial systems and common law principles
• Restorative justice and Habeas Corpus shaped modern Canada's legal framework