Introduction to the Legal System

Laws that apply across the entire country, made by the Federal Parliament.

Laws that apply only within a specific province, made by the Provincial Legislature.

Local laws that apply only within the municipality, made by the Municipal Council.

Laws that govern the relationship between individuals and society, including powers of government.

Laws that govern relationships between individuals, corporations and other entities.

Disputes between individuals resolved by judges applying precedent, principle, statute and constitution.

A system of law based on the Civil Code used in Quebec.

The rules outlining how rights are enforced.

A case where a court considers whether a law or government action is constitutional.

Someone directly affected by a law or has a genuine interest in its outcome.

If no other way to bring a constitutional issue before a court.

Gives individuals the right to seek a legal remedy from a court if their Charter rights are violated.

A court's decision on appropriate and fair relief for Charter violations.

A court order prohibiting someone from doing something.

Financial compensation for damages caused by a Charter violation.

The right to express oneself freely, including thoughts, beliefs, and opinions.

A legal system where international law is incorporated directly into domestic law.

A legal system where international law must be transformed into domestic law before it can be applied.

The practice of states that is accepted as law by those states.

Evidence that can be used to prove the existence of customary international law.

The process of applying international law to past events, even if those events occurred before the international law was adopted.

The Canadian Charter of Rights and Freedoms, enacted in 1985, guarantees equality rights.

A legal claim that arises from a past injustice or violation of human rights.

A legal principle stating that the Charter of Rights and Freedoms cannot be applied retroactively.

A formal agreement between the Crown and a First Nation intended to bind future generations.

Treaty promises override general laws, meaning they take precedence.

Treaty terms are interpreted in a way that benefits the First Nation, emphasizing their original intent.

Governments can infringe on treaty rights if the infringement is justified by a compelling public purpose and acts in accordance with the honor of the Crown.

The right of Indigenous peoples to self-determination over their lands was formally recognized in 1763.

The Constitution Act of 1982 legally acknowledges and affirms the existing treaty and aboriginal rights of Indigenous Peoples in Canada.

The Tsilhqot’in people lived for centuries in a specific area of British Columbia, but the Crown never entered into a treaty regarding their land rights.

The Supreme Court of Canada recognized the existence of Aboriginal title and its legal significance, granting the Tsilhqot’in control over a portion of their traditional lands.

The right of First Nations to own and control their traditional lands. It is based on their historical occupation and use of the land.

Exclusive and sufficient occupation of a territory by an aboriginal group at the time Canada asserted sovereignty.

The legal obligation of the Crown to consult with First Nations before making decisions that could affect their rights.

The Crown's legal obligation to act fairly and with respect towards First Nations. It arises from the Crown's assertion of sovereignty and its control of lands that were previously under First Nations control.

The Crown must consult with First Nations about proposals that affect their rights, even if they are not yet officially recognized or in legal dispute.

The Crown must consult with First Nations to determine potential impacts on their rights before taking actions that might interfere with those rights.

A legal document where First Nations rights and interests are formally recognized and protected. Once settled, it removes the need for ongoing consultation on specific activities.

Negotiations between the Crown and First Nations to establish a formal treaty agreement that will protect their rights and ensure their wellbeing.

Section 15 of the Charter, part of the Canadian Constitution, guarantees equality before and under the law for all individuals without discrimination based on specific characteristics like race, religion, or sex.

The Ontario Human Rights Code is a provincial law that prevents discrimination in various areas like employment, housing, and services. It applies to both public and private entities.

To establish a prima facie case of discrimination in Ontario, an individual must demonstrate they possess a protected characteristic, experienced an adverse impact in a protected social area, and that this impact is likely due to discrimination. The burden of proof then shifts to the respondent to demonstrate that the adverse impact was not due to discrimination.

Discrimination refers to treating someone unfairly based on their membership in a particular group, leading to a disadvantage or harm. It can take various forms, including direct, indirect, or systemic discrimination.

Direct discrimination occurs when a person is treated less favourably because of a protected characteristic. For example, denying someone a job based on their race.

Indirect discrimination happens when a seemingly neutral rule or policy has a disproportionate negative impact on people with a protected characteristic. For example, requiring a certain height for a job might disadvantage women.

Systemic discrimination refers to ingrained patterns of discrimination within institutions or society that disadvantage specific groups. It can be subtle and often goes unnoticed.

The Ontario Human Rights Tribunal is responsible for investigating and resolving complaints of discrimination filed under the Ontario Human Rights Code. It operates independently of the courts.