Key law topics

• The following are key topics in the study of law

Codification

• It is the process of preparing a code, which is a written collection of a country's laws, organized for use and understanding

Rule of Law

• Significant progress in English law occurred during King John's reign (1199-1216)
• King John, who considered himself above the law, was forced to sign the Magna Carta in 1215 by powerful groups
• The Magna Carta, or "Great Charter," established the principle of the rule of law
• The rule of law means that everyone, without exception, is subject to the law and must obey it

Precedent

• This refers to something that has been done and can serve as an example or rule for future similar situations

Royal Assent

• This is the final stage a bill goes through before becoming a law, which involves the Governor General's signature

Public Law

• It governs the relationship between governments and individuals in society
• Laws apply to all individuals
• Criminal, constitutional, and administrative law are the main types

Defendant

• Society is represented by a Crown attorney who attempts to prove the defendant's charges beyond a reasonable doubt
• The court decides if the accused is guilty or not guilty

Private Law

• It outlines legal relationships between private citizens and organizations, it is also known as civil law
• Its primary goal is to manage conflicts between people and organizations, as well as to compensate those who have been wronged

Appeal

• A request to a higher court to review and change a lower court's decision
• It ensures legal errors do not affect the final verdict and allows the correction of mistakes

Bill of Rights

• The Canadian Bill of Rights, enacted in 1960, outlined existing rights and freedoms under common law
• It was limited to federal matters and subject to parliamentary change

Citations

• Legal citations provide basic case information and references for locating legal decisions for precedent-setting cases and legal research

Mosaic Law (10 Commandments)

• As found in the Old Testament's first five books, it contains some the earliest sources of legal principles
• The Ten Commandments forbid actions like murder and theft
• It emphasized restitution over retribution

Napoleonic Code

• Napoleon created the Napoleonic Code in 1804, which was based on the Justinian Code
• It emphasizes equity, justice, and codified laws
• It serves as the basis for civil law in Quebec

Entrenched

• Rights and freedoms are entrenched in the Constitution Act of 1982 and cannot be changed without a constitutional amendment

United Nations

• The UN is an international organization that promotes global cooperation, human rights, and the enforcement of international law

Crown

• The Crown represents the state in legal matters and prosecutes criminal cases

Parliament

• The legislative body in Canada consists of the House of Commons and the Senate
• Parliament enacts laws and oversees the government

House of Commons

• This is the elected chamber of Parliament where members (MPs) debate and pass laws

Senate

• As the upper chamber of Parliament, Senators review and amend proposed legislation

Civil Law

• Civil law governs private disputes between individuals or organizations, such as those involving contracts and property

Plaintiff

• The plaintiff is the person who initiates a lawsuit in civil court

Administrative Law

• This branch of law governs government agencies and decision-making processes

Constitution

• The Constitution is the highest legal authority in Canada and defines government powers and fundamental rights

Contract Law

• It governs agreements between individuals or organizations, ensuring enforceable obligations

Provincial Courts

• These courts handle most criminal, family, and small civil claims at the provincial level

Code of Hammurabi

• It is one of the earliest known legal codes, which is based on retributive justice i.e. "an eye for an eye"

Magna Carta

• It was signed in 1215 and limited the power of the monarchy, establishing that no one is above the law

BNA Act (Constitution Act, 1867)

• Defined as the act that creating Canada as a nation
• Divides legislative powers between federal and provincial governments

Notwithstanding Clause

• Section 33 of the Charter allows governments to temporarily override certain rights

International Law

• International law regulates relations between countries, including treaties and human rights agreements

Common Law

• Law based on judicial decisions and precedents instead of codified statutes

By-law

• Local law enacted by a municipal government

Statute

• A written law passed by a legislative body

Adversarial System

• A legal system in which two opposing parties present their cases to an impartial judge

Criminal Law

• A branch of public law that defines offenses against society and prescribes punishments

Discrimination

• Unfair treatment based on characteristics like race, gender, or religion, often addressed in human rights law

Tort Law

• Deals with civil wrongs, like negligence and defamation, that cause harm to individuals

Family Law

• It Regulates relationships within families, including marriage, divorce, and child custody

Supreme Court of Canada

• The highest court in Canada responsible for interpreting constitutional law

Justinian Code

• A collection of Roman laws emphasizing justice and equity, compiled by Emperor Justinian

Feudalism

• An old system where the king granted land in exchange for loyalty and military service

Canadian Bill of Rights

• A federal law passed in 1960 that guaranteed civil rights but was not part of the Constitution

Human Rights

• Fundamental rights are protected by laws like the Charter of Rights and Freedoms

Universal Declaration of Human Rights

• A UN document outlining global human rights standards

King Hammurabi

• Babylonian king around 1750 BCE, known for establishing one of the first written legal codes, the Code of Hammurabi
• His laws were based on retribution ("an eye for an eye") and served as some of the earliest examples of codified law

King John

• Signed the Magna Carta in 1215, limiting monarchy power and establishing that no ruler is above the law
• Introduced the concept of habeas corpus, protecting individuals from unlawful imprisonment

Rubin Carter

• Example case highlighting wrongful convictions, racial bias, and the importance of due process

MP (Member of Parliament) / MPP (Member of Provincial Parliament)

• MPs are elected representatives in the House of Commons at the federal level
• They are responsible for debating and passing laws
• MPPs serve in provincial legislatures, dealing with provincial laws like education, healthcare, and property rights

Senate

• It is the upper chamber of Canada's Parliament
• Appointed Senators review and refine legislation passed by the House of Commons and plays an advisory and revisory role

Justinian

• Byzantine Emperor Justinian (527-565 CE) compiled Roman laws into the Justinian Code, which emphasized equity, justice, and codification of laws
• It later influenced modern legal systems, including the Napoleonic Code

Moses

• Biblical figure who delivered the Ten Commandments
• Forming the foundation of Mosaic Law, which focused on moral obligations, justice, and the protection of the vulnerable

Anglo-Saxons

• Early settlers of England whose customary legal traditions contributed to common law development
• They introduced local courts and legal precedent concepts

Cabinet

• Ministers appointed by the Prime Minister head government departments and develop policies
• It plays a key role in executive decision-making in Canada

Napoleon

• Introduced the Napoleonic Code in 1804, emphasizing equality, property rights, and codified laws
• Remains the foundation of civil law in Quebec and influenced many European legal systems

Prime Minister / Premier

• Prime Minister: Head of the federal government and leader of the party with the seats in the House of Commons
• Premier: Head of a provincial government, responsible for overseeing provincial legislation and policies

Governor General / Lieutenant Governor

• Governor General: Represents the King at the federal level, granting royal assent to laws passed by Parliament
• Lieutenant Governor: Represents the Crown at the provincial level and performs a similar function for provincial legislation

Mayor / Council

• Mayor: the elected head of a municipality and is responsible for overseeing city policies and bylaws
• Council: manage local concerns such as zoning, transportation, and public services via municipal bylaws

What is Law? State the Purpose and Importance of Law.

• Law is a system of rules created and enforced by governments to regulate behavior, protect rights, and maintain order in society

Purpose & Importance:

• Maintains Order: Prevents chaos by setting guidelines for acceptable behavior
• Protects Rights and Freedoms: Ensures individual liberties are upheld
• Resolves Disputes: Provides a fair way to settle disagreements
• Sets Standards: Establishes legal expectations for individuals and businesses
• Promotes Justice and Equity: Ensures fair treatment and prevents discrimination

Explain the Development of the Need for Law.

• Early Societies: Relied on unwritten customs
• Codified Laws: First written laws, such as Hammurabi's Code
• Religious and Moral Influence: Laws began incorporating moral principles (e.g., Mosaic Law)
• Greek and Roman Contributions: Introduced democracy and codified statutes
• British Common Law: Introduced legal precedents and constitutional principles

What was Significant about Hammurabi's Code?

• First Recorded Legal Code: One of the earliest examples of written laws
• Retributive Justice: Based on "an eye for an eye" principle
• Established Consistency: Laws applied to all citizens
• Social Class Distinctions: Different punishments based on class
• Inspired Later Legal Systems: Influenced modern legal frameworks

Explain the Importance of Mosaic Law.

• Moral and Ethical Basis: Included commandments that emphasized justice and morality
• Restorative Justice: Focused on compensation rather than harsh punishment
• Foundation for Religious and Secular Laws: Influenced Christian, Jewish, and Islamic legal traditions
• Equality Before the Law: Applied to all members of society
• Respect for Life and Property: Established legal protections

What Contributions Did the Greek and Romans Make to the History of Law?

• Greeks: introduced democracy and citizen participation in lawmaking, developed trial by jury, and encouraged public debate on laws
• Romans: Developed codified law (Justinian Code), introduced the concept of legal professionals (lawyers), and created legal principles like "innocent until proven guilty."

5 Key Points About the British Legal System Used in Canada

• Common Law: Uses legal precedents to decide cases
• Rule of Law: No one is above the law
• Habeas Corpus: Protects against unlawful detention
• Adversarial System: Two parties argue cases before an impartial judge
• Parliamentary System: Canada's government is based on Britain's parliamentary democracy

Two Categories and Main Types of Law

• Public Law (government vs. individual): Criminal Law defines offenses and punishments, Constitutional Law sets out government powers, and Administrative Law governs agencies and regulations
• Private Law (individual vs. individual): Contract Law governs agreements, Tort Law deals with civil wrongs (e.g., negligence), and Family Law regulates marriage, divorce, and custody.

How a Bill Becomes a Law (Federal and Provincial)

• First Reading: the bill is introduced
• Second Reading: Debated in Parliament/Legislature
• Committee Stage: Experts review and amend it
• Third Reading: Final debate and vote
• Senate Approval (Federal Only): Further review
• Royal Assent: It is signed into law by the Governor General (federal) or Lieutenant Governor (provincial)

What are the Three Levels of Government in Canada?

• Federal: National laws, defense, foreign affairs
• Provincial: Education, healthcare, and transportation
• Municipal: Local bylaws, property taxes, and public services

Three Branches of Government at Each Level

• Executive: Enforces laws (Prime Minister/Premier, Cabinet)
• Legislative: Makes laws (Parliament/Legislature)
• Judicial: Interprets laws (Courts)

Most Important Parts of Federal and Provincial Governments

• Federal: Parliament, Prime Minister, Governor General, Supreme Court
• Provincial: Legislature, Premier, Lieutenant Governor, Provincial Courts

What is the BNA Act (Constitution Act, 1867)?

• Established Canada as a country
• Divided powers between federal and provincial governments
• Section 91: Federal powers (e.g., defense, currency, military)
• Section 92: Provincial powers (e.g., healthcare, education, driving, tax)
• Section 93: Provincial authority over education

What is the Significance of the Statute of Westminster?

• Passed in 1931
• Gave Canada control over its foreign affairs
• Now Canada could trade and make international decisions without British involvement

Key Sections of the Charter of Rights and Freedoms - Fundamental Freedoms

• Section 1- Reasonable Limits Clause: Rights and freedoms are not absolute, they are limited if that limit is justified in a free and democratic society
• Section 2 - Fundamental Freedoms: freedom of conscience and religion, thought, belief, opinion, and expression (including freedom of the press), peaceful assembly, and association

Key Sections of the Charter of Rights and Freedoms - Democratic Rights

• Section 3 - Right to Vote: Every Canadian citizen can vote and run for office in federal and provincial elections
• Section 4 - Term Limits: No federal or provincial government can stay in power for more than 5 years unless there is a national emergency
• Section 5 - Sitting of Parliament: Parliament and legislatures must meet at least once a year

Key Sections of the Charter of Rights and Freedoms - Mobility Rights

• Section 6 - Mobility Rights: Every Canadian citizen can enter, remain in, and leave Canada, can live and work in any province
• Provinces can impose residency requirements for certain public services

Key Sections of the Charter of Rights and Freedoms - Legal Rights

• Section 7 - Life, Liberty, and Security: Individuals have the right to life, liberty, and security of the person and cannot be deprived of it except by fundamental justice
• Section 8 - Search and Seizure: Protection against unreasonable search and seizure
• Section 9 - Detention or Imprisonment: Protection against arbitrary detention or imprisonment
• Section 10 - Rights Upon Arrest: those arrested have the right to know why and right to legal counsel, as well as challenge an unlawful detention
• Section 11 - Rights in Criminal Proceedings: Right to be presumed innocent until proven guilty, right to trial within a reasonable time, and protection against double jeopardy (being tried twice for the same crime)
• Section 12 - Protection from Cruel and Unusual Punishment

Key Sections of the Charter of Rights and Freedoms - Additional Rights

• Section 13 - Self-Incrimination: Witnesses cannot be forced to self-incriminate in court
• Section 14 - Right to an Interpreter: Individuals without language understanding for proceedings have a right to an interpreter
• Section 15 - Equality Before and Under the Law: Every individual is equal and can have equal protection and benefit of the law without discrimination; prohibits discrimination based on race, national or ethnic origin, color, religion, sex, age, or disability

Key Sections of the Charter of Rights and Freedoms - Official Languages of Canada

• Section 16-22 - Language Rights: English and French are official languages of Canada and federal institutions must provide services in both languages, as well as citizens can have education in their preferred official language
• Section 23 - Minority Language Education Rights: Parents can educate their children in English or French where numbers warrant

Key Sections of the Charter of Rights and Freedoms - Enforcement and Indigenous Rights

• Section 24 - Enforcement of Rights: Courts can remedy rights violations
• Section 25 - Indigenous Rights: The Charter does not override Indigenous rights
• Section 26 - Other Rights Retained: The Charter does not limit other rights or freedoms
• Section 27 - Multiculturalism: The Charter shall be interpreted to respect multiculturalism
• Section 28 - Gender Equality: Guarantees equal rights between men and women

The Notwithstanding Clause (Section 33)

• Allows federal or provincial governments to override certain Charter rights for up to five years, as it can be used for sections 2 (fundamental freedoms), 7-15 (legal and equality rights)
• The override must be renewed every five years before it expires and is used rarely, but includes Quebec's language laws

Why is the Charter of Rights an Important Part of Our Legal System?

• Protects fundamental rights and freedoms, ensures government actions respect human rights, and provides a legal framework for challenging unfair laws

Are a Person's Rights Absolute in Canada?

• Rights are not absolute

Limitations

• Section 1: Rights can be limited if justified (e.g., hate speech laws)
• Notwithstanding Clause (S. 33): Allows governments to override rights temporarily
• Reasonable Limits: Rights cannot infringe on others' safety or freedoms