Legal System: Chapter 1

• Discussion of chapter 1 includes legal system introduction
• Review of the legal system to include breaks

What is a Law?

• Laws are rules made by an elected body of officials or their delegates
• Procedures used are those prescribed by law
• Laws impose duties, punishments, and create rights
• Laws create rights and ensure contemporary society activities are carried out honestly and effectively

Why Laws are Needed

• Laws are a blueprint for conducting business, protecting consumers, regulating land use, and conferring government benefits
• Laws protect human dignity, prevent discrimination and distribute wealth
• Laws are needed to govern behaviors such as driving, including vehicle safety, driver training, and speed

How Laws Differ from Other Rules

• Behavior in society is restricted by formal laws imposed by government and courts and also by other rules (social norms)
• Compliance with rules is a choice, with laws compliance is required
• Governments and courts can only restrain activities by passing, enforcing and applying a law

Rule of Law

• Rule of law sets limits on the rights of governments, tribunals and courts to control citizens' conduct
• All law-making is governed by supreme law stated in the Constitution
• The Constitution establishes governments' basic institutions
• The Constitution Reflects fundamental societal values
• The Constitution determines the values and goals that all other laws must reflect

Constitution of Canada

• Constitution of Canada is the supreme law, to which all laws must conform and has two parts:
• Division of Powers allocates law-making powers to federal and provincial governments
• The Charter lists fundamental rights and freedoms
• Section 35 provides constitutional protection to the rights of indigenous peoples in Canada

Application of the Charter

• Applies to all governments within Canada, including federal, provincial legislatures, and municipal councils
• Applies to the executive branch
• Any government action or decision must comply with the Charter

Who Makes the Laws: Three Branches of Government

• Legislative branch (federal/provincial) makes the laws
• Executive branch (government departments/police forces) enforces laws
• Judicial branch (the courts) interprets the laws

Government Agencies

• Legislative branch creates law, through MP's, MPP's and the Senate
• Executive branch administers/enforces law through the PM, Ministers, Deputy Ministers, civil servants, bureaucrats and agencies/tribunals
• Judicial branch will interpret Law via Judges and Courts

Elected Officials

• Ridings define electoral districts

Federal Statutory Enactment Process

• Consists of Canadian society, pre-parliamentary response, parliamentary response, and implementation
• Parliamentary response occurs in House of Commons or Senate: including first, second and third reading and committee review where amendments are possible
• Bill approved by governor general or representative via Royal Assent completing the cycle
• Implementation concludes with proclamation and regulations

Three Branches of Government (cont'd)

• The legislative branch has the main function to legislate (pass laws)
• The legislative branch passes statutes (or acts), or (at the municipal level) by-laws
• Federal & provincial legislatures can also make regulations, or delegate this authority to the Cabinet
• Law-making powers can also be delegated by law to agencies, boards, commissions, territories

Executive Branch Key Points

• Executive branch administers and enforces laws passed by the legislative branch
• At the federal & provincial levels, the Cabinet can also make regulations (called delegated legislation) that implement statutes
• Cabinet ministers are responsible for a department often called a ministry

Judicial Branch

• Courts & judges settle disputes between citizens (individuals or organizations)
• Duties include interpreting laws and striking down laws passed without proper authority

Three Levels of Government

• Federal law applies throughout the whole country and is passed by the federal Parliament
• Provincial (or Territorial) law applies throughout a province and is passed by a provincial legislature or legislative assembly
• A National Assembly in Quebec, applies provincial law
• Municipal by-laws apply only within the boundaries of the respective municipality and are passed by the municipal council
• Territorial ordinances are passed by the councils of the territories

Permissible and Impermissible Delegation

• Permissable delegation: Basic delegation occurs when one level of government delegates all necessary authority to one of its own agencies
• Permissable delegation: Inter-delegation occurs when, an area being regulated crosses jurisdictional lines, on level of government creates an agency, to which both levels of government then delegate power
• Impermissible delegation: Cross-Delegation occurs when one level of government cannot delegate power to another level
• Impermissible delegation: Subdelegation occurs when a person/entity receiving delegated power cannot subdelegate that power unless the enabling stature authorizes it
• All levels of government have legislative, executive and judicial branches

Common and Statute Law

• Canada has laws developed by courts which is known as common law
• Canada has laws passed by governments, which create the body of law known as statute law (legislation)
• Harmful activity (a tort, or wrong) can be subject of both common law and statue law

Common Law

• Courts must follow legal precedent known as stare decisis

Statute Law

• When common law is included in statutes with little or no change, this is known as codification
• Statute law consists of statutes, regulations, and by-laws

Types of Law - Public and Private

• Public law deals with structure/operation of the government
• Public law governs the relationship between individuals and government
• Administrative law is a branch of public law that regulates the executive branch and agencies or administrative agencies
• Private law regulates how individuals or corporations deal with each other
• Private law includes torts, contract law, property law, family law
• Both public and private law can be statutory or common and a single law can have both public & private components

Divisions of Public Law

• Includes constitutional, criminal, administrative, aboriginal, immigration, and tax law

Divisions of Private Law

• Includes torts, contracts, property, equity, insurance, company, family, evidence and succession

Statutes and Subordinate Legislation

• Subordinate or delegated legislation is made by a body other than the legislature or municipal council and authorized by statute
• Substantive law deals with the substance of a problem or legal issue
• Procedural law sets out procedures for implementing substantive law

Administration and Enforcement of Law

• Police enforces most criminal and some provincial and regulatory laws
• Government Departments and Agencies enforce federal & provincial regulatory laws
• Independent agencies enforce some breaches, such as securities & child welfare laws
• Enforcement can be affected by the person affected and common law or statutory rights may need to be pursued privately by the person entitled to redress

A discussion and review of the legal system with an introduction to what a law is. Laws are rules made by elected officials that impose duties, punishments, and create rights to ensure activities are carried out honestly and effectively. Laws differ from social norms in that compliance is required.