Podcast
Questions and Answers
Which of the following is NOT considered a source of Canadian law?
Which of the following is NOT considered a source of Canadian law?
- Statutes
- Public opinion (correct)
- International treaties
- Common law
Which source of Canadian law is primarily based on judicial precedents?
Which source of Canadian law is primarily based on judicial precedents?
- Statutory law
- Administrative regulations
- Common law (correct)
- Constitutional law
What type of law results from the direct enactment of legislation by Parliament or provincial legislatures?
What type of law results from the direct enactment of legislation by Parliament or provincial legislatures?
- Constitutional law
- Statutory law (correct)
- Common law
- International law
Which of the following sources of law provides the framework for rights and freedoms guaranteed to individuals in Canada?
Which of the following sources of law provides the framework for rights and freedoms guaranteed to individuals in Canada?
Which source of law primarily addresses legal principles governing the actions of the government and its administrative bodies?
Which source of law primarily addresses legal principles governing the actions of the government and its administrative bodies?
How do international treaties influence Canadian law?
How do international treaties influence Canadian law?
Which legal principle allows judges to interpret laws based on previous legal cases?
Which legal principle allows judges to interpret laws based on previous legal cases?
What is a characteristic of customary law in the context of Canadian law?
What is a characteristic of customary law in the context of Canadian law?
Which source of Canadian law is considered supreme when there is a conflict with other laws?
Which source of Canadian law is considered supreme when there is a conflict with other laws?
What happens when a newly enacted statute contradicts established common law?
What happens when a newly enacted statute contradicts established common law?
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Study Notes
Overview of Canadian Law
- Law consists of rules created and enforced by government authority, ensuring organized societal function.
- In a democracy, law also protects individual rights and freedoms.
Sources of Canadian Law
- Canadian law sources include statute law, common law, equity, and administrative law.
- Statute law is passed by legislatures to address gaps or replace common law.
- Common law originates from the British legal system, relying on precedents set by royal court decisions.
- Equity involves decisions made by the monarch, evolving into a system of principles for resolving disputes outside common law.
Types of Law
- Substantive Law: Defines rights and duties of individuals and society as a whole.
- Procedural Law: Outlines how rights and duties are enforced.
- Includes criminal procedural law, civil procedural law, and administrative procedural law.
Components of Law
- Public law governs relationships between individuals and the state.
- Encompasses criminal law and administrative law.
- Private law governs relationships among private individuals.
- Includes contract law, tort law, family law, and property law.
Legislative Process
- Statute law is created by elected or appointed representatives in parliament.
- The legislative process is outlined by Canada’s Constitution and includes laws created at both federal and provincial levels.
Rights and Duties
- Rights under the law may include freedom of speech, movement, and worship.
- Duties include obligations such as following laws and paying taxes.
Objectives of the Module
- Understanding the nature of law, its sources, the Canadian Constitution, human rights, the court system, and evolving changes in Canadian law.
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