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Questions and Answers
What is the case name associated with the British Columbia Securities Commission?
Poonian v. British Columbia (Securities Commission)
What are the two dimensions of legal identity discussed?
Physical (Material) and Legal (Ideational)
A human can manipulate physical objects.
True
Corporations exist in the same way as humans.
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What is one way a corporation can obtain legal identity?
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Which of the following statements is true regarding McDonald's?
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What does 'legal world-making' refer to?
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What is the Poonian v. British Columbia (Securities Commission) case about?
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What is the focus of the Supreme Court decisions as per the assignment notes?
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What is 'Reconciling Law & Politics' about?
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What does the concept of 'Political Power' entail?
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What are some ideas discussed in 'What is Law?'
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What is Legal Positivism?
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What is Natural Law?
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How are Justice and Law connected?
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What does 'The Morality of Law' discuss?
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What are the Types of Law?
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What is the significance of the Hierarchy of Authority?
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What are Statutes?
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What does R.v.Hutchinson entail?
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What are the implications of 'Legal World-Making'?
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What distinguishes Physical (Material) from Legal (Ideational)?
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Do you exist physically?
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Does McDonald's exist in a legal sphere?
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Study Notes
Poonian v. British Columbia (Securities Commission)
- The case involved a securities commission investigating a company's dealings. The commission issued a cease trade order against the company and its officers.
- The court reviewed whether the commission had the power to regulate the company's activities.
- The court found that the commission had the authority to issue a cease trade order.
- Ultimately, the court upheld the commission's power to regulate securities markets.
- The decision highlights the importance of protecting investors and ensuring fair market practices.
How to read the Supreme Court Decisions (For Assignment)
- First, read the headnotes which provide a summary of the case and its outcome.
- Then read the entire decision focusing on the judgments of the majority of the court.
- In the judgment, pay attention to the court's reasoning and application of legal principles.
- Also analyze the dissenting judgments if available.
- Finally, consider the broader implications of the decision for the legal system.
Law and Politics
- Law acts as a primary tool for regulating relationships among people within society.
- Law is a form of social control influencing behavior.
- Law is intertwined with political forces which influence its creation, interpretation, and application.
Reconciling Law & Politics
- It is crucial to recognize the interconnected nature of law and politics.
- The legal system is not simply a neutral application of rules.
- Political considerations often shape legal outcomes.
Conceptualizing Political Power
- Power is the ability to influence others' actions.
- People in authority have power through various means, like political institutions and social structures.
What is Law? (Metaphysical Musings)
- Law has a complex and dynamic definition.
- Law is grounded in both abstract principles and concrete practices.
- It is a system of rules and regulations enforced by the state.
Notes From Case Went Over in Class
- The court grappled with legal questions concerning the powers of the state to regulate economic activities.
What is Law?
- Law often reflects the values and norms of a society.
- The concept of law varies across time and place.
- It is a system of rules that guide and regulate human behavior.
Law as Coercion
- Law often uses force to compel compliance.
- The possibility of punishment acts as a deterrent against unlawful behavior.
- The threat of coercion is a key characteristic of law.
Legal Positivism
- Posits that law is a set of rules created by a sovereign entity.
- Legal norms are separate from morality.
- The focus lies on identifying valid laws, not their ethical content.
- It adheres to the idea of formal validity of law.
Natural Law
- Maintains that there are inherent moral principles that form the basis for law.
- Law is based on reason and natural justice.
- Laws that contradict natural law are unjust and should not be obeyed.
- Appeals to concepts of natural rights and moral principles.
Justice and Law
- Justice is intertwined with law.
- The aim of justice is to ensure fairness and equality in society.
- Law can facilitate just outcomes, but it can also be misused to perpetuate injustice.
"The Morality of Law"
- Law often reflects moral values.
- Laws are sometimes designed to enforce moral norms.
- However, there are ongoing debates on the role of morality in law, and the use of law to enforce specific moralities can be problematic.
- Judges and other legal actors use their own interpretations and judgments.
- Legal actors must be careful not to impose their personal values onto their decisions.
Types of Law
- Public Law: Deals with the relationship between individuals and the state. (Ex: Criminal law, Constitutional law, Administrative law)
- Private Law: Regulates the relationship between individuals. (Ex: Contract law, Tort law, Property law)
- International Law: Operates between states and international organizations. (Ex: International Criminal Law, International Human Rights Law)
- Indigenous Legal Traditions: Include diverse legal systems of First Nations, Inuit, and Métis peoples.
Public Dimensions of Private Law
- Private law often has significant public consequences.
- It may be used to achieve social policy goals.
- There can be interactions and overlaps between public and private realms.
Grewal v. Litt
- The case involved a dispute over a non-disclosure agreement.
- The court explored the boundaries between private contractual obligations and public interest concerns.
- It examines the ways in which private law considerations intersect with broader social interests.
Legal "World-Making"
- Law shapes our understanding of reality.
- It influences our social and economic practices.
- Legal language and categories create a "world" that defines our experiences.
"A Legal Fiction"
- Law creates legal entities that are distinct from the physical realm.
- These legal entities have their own set of rights and obligations.
- The concept of a corporation as a legal person illustrates how law creates fictional entities.
The Primacy of Legal Instrument
- Law is a powerful instrument of social change.
- It provides a framework for defining rights, obligations, and responsibilities.
- It is used to shape and regulate individual behavior.
Hierarchy of Authority ([SUPER IMPORTANT])
- The Canadian legal system has a hierarchy of authority.
- Constitution: The highest form of law.
- Statutes: Legislation passed by Parliament or provincial legislatures.
- Regulations: Rule-making authority delegated by legislation.
- Common Law: Judge-made law based on previous decisions (precedent).
Statutes
- Statutes are laws enacted by legislatures like the Canadian Parliament.
- They are written laws made by the Crown.
- They provide extensive guidance on various issues.
- The Statute of Westminster is notable for granting Canada greater control over its laws.
A Public Service Announcement
- Legal principles are often applied in unexpected ways, with far-reaching consequences.
R. v. Hutchinson
- The case involved charges of impaired driving.
- The court had to decide whether a breathalyzer test was admissible evidence.
- This case demonstrates the court's role in interpreting legal rules and applying them to specific circumstances.
Legal "World-Making" -- [From Law & Politics Slideshow]
- Law can be used to control the behavior of people and corporations.
- It allows for the creation of legal entities. These entities can influence the world, but they are not separate from the world.
"A Legal Fiction"-- [From Law & Politics Slideshow]
- Legal identity and physical identity can be intertwined.
- Physical material manifestations of a corporation may be present, but the legal identity of a corporation is distinct from the physical world.
How do we make a Corporation?-- [Extra Note]
- A corporation is created through a legal process that involves filing documents with the government.
- The process establishes the corporation as a legal entity separate from its owners or shareholders.
- This process involves registering with the government and receiving a corporate charter.
Constitution of Canada -- [Back to Sources of Law ]
- The Constitution is the supreme law of Canada.
- The Constitution Act, 1867, establishes the federal system, including the division of powers between the federal and provincial governments.
- Parliament cannot violate the Constitution Act's provisions.
- The Constitution Act, 1982 introduced the Charter of Rights and Freedoms, safeguarding fundamental rights.
- This document is the source of many important legal principles and rights.
Poonian v. British Columbia (Securities Commission)
- The Supreme Court of Canada (SCC) ruled that the BC Securities Commission (BCSC) had the authority to investigate and prosecute Poonian for insider trading.
- Poonian argued that the BCSC's investigation was an overreach of its powers because the insider trading occurred outside of BC.
- The SCC confirmed that the BCSC has the authority to investigate and prosecute securities offences that occur within the province.
- The court emphasized the importance of ensuring a level playing field in Canadian capital markets.
- The SCC rejected Poonian's argument that the BCSC's jurisdiction was limited to activities occurring within BC.
- The court found the BCSC’s powers to be extraterritorial, extending to activities outside the province if they have a substantial connection to BC.
- The Poonian case highlights the complexities of regulating securities markets in a globalized world.
- The ruling emphasizes the need to balance the interests of investors with the right to free-market principles.
- The SCC's decision has implications for regulating financial markets across Canada.
- The court’s ruling reflects the importance of deterring insider trading and protecting investors from unfair market practices.
How to Read Supreme Court Decisions
- Read the case summary first for an overview of the case.
- Understand the procedural history of the case.
- Identify the legal issues presented in the case.
- Analyze the court’s reasoning.
- Consider the impact of the decision on the legal landscape.
Law and Politics
- The law is a product of political activity.
- Law can be used to reflect and reinforce political power.
- Legal rules can be used to advance certain political interests.
- The relationship between law and politics is complex and multifaceted.
- It is important to recognize the political dimension of law.
Reconciling Law and Politics
- Law seeks to establish order and predictability in society.
- Politics deals with the distribution of power and resources.
- The law is often used to resolve political conflicts.
- The interpretation of law is subject to political influences.
Conceptualizing Political Power
- Power is the ability to influence the behavior of others.
- Political power is the ability to influence the distribution of resources, laws, and policies.
- Political power can be exercised through various mechanisms, such as voting, lobbying, or protest.
- Understanding the nature of political power is essential for understanding the relationship between law and politics.
What is Law?
- Law is a system of rules and principles that govern society.
- Many different perspectives exist on the nature of law.
- The purpose of law is to create order, social control, and regulate individual behavior.
Law as Coercion
- The law is enforced through the threat of punishment.
- The legal system can impose sanctions for violating legal rules.
- The law's capacity to inflict harm can be viewed as a form of coercion.
- Law is based on the ability of the state to enforce its rules.
Legal Positivism
- Law is a set of rules created by human beings.
- Morality is separate from the law.
- The legitimacy of the law depends on its source and how it is made.
- Law derives its authority from its enactment by a sovereign body.
Natural Law
- Certain moral principles are universal and inherent in nature.
- Just laws are those that align with these moral principles.
- Law has a moral foundation, and laws that violate natural law are unjust.
- Natural law provides an external standard for evaluating legal systems.
Justice and Law
- The law is a means to achieve justice.
- Justice is a complex concept, and there are different theories of justice.
- Law should strive to create a fair and equitable society.
- Legal systems are often challenged on the grounds of fairness and justice.
"The Morality of Law"
- Law is a social construction.
- The content and interpretation of law are influenced by moral beliefs.
- Law can be used to advance specific moral viewpoints.
- The moral implications of legal rules and decisions are often debated.
- It is important to be aware of the moral dimension of law.
Types of Law
- Public Law governs the relationship between individuals and the state.
- Private Law governs the relationships between private individuals or entities.
- Criminal Law deals with offences against the state.
- Civil Law governs private disputes between individuals.
Public Dimensions of Private Law
- Private law and public law can be intertwined.
- Private law can be shaped by public policy considerations.
- Private law often reflects the values of a society.
- Public policy goals can impact the application of private law.
Grewal v. Litt
- The case involved a dispute over an agreement for work on a residential property.
- The court ruled that the agreement was unenforceable under the Residential Tenancies Act.
- The court found the agreement to be unfair and unconscionable.
- This case highlights the intersection of private law and public policy.
- The ruling emphasizes the need to protect consumers in real estate transactions.
Legal “World-Making”
- Law creates and maintains a legal order.
- Legal rules and institutions shape our understanding of reality.
- The law defines what is considered "real" or "legal."
- Law can be seen as a powerful tool for social change.
"A Legal Fiction"
- Legal entities can be distinct from physical entities.
- A legal fiction is a concept that pretends something is true even though it is not.
- Corporations are legal fictions, as they are not real living beings.
- Corporations have legal rights and obligations.
The Primacy of Legal Instrument
- The law is a tool that can be used to shape society.
- Law is a powerful instrument of social control.
- Legal rules provide a framework for human interaction.
- The interpretation and application of legal rules are subject to change.
Hierarchy of Authority
- Constitutions are the highest form of law.
- Statutes are laws passed by legislatures.
- Regulations are rules made by executive bodies.
- Courts interpret the law and apply it to specific cases.
Statutes
- Statutes are laws enacted by legislatures.
- They are a key source of legal authority.
- Statutes can be amended or repealed by legislatures.
- Statutes must be interpreted in accordance with existing legal principles.
A Public Service Announcement
- It is important to understand the law.
- Everyone is subject to the law.
- Law plays a vital role in our lives.
- Citizens have a duty to respect the law.
R.v. Hutchinson
- Hutchinson was convicted of theft for stealing items from a store.
- Hutchinson appealed his conviction, arguing that he was not guilty due to a lack of criminal intent.
- The court upheld the conviction, finding that Hutchinson had the necessary mens rea (guilty mind) for theft.
- The Hutchinson case illustrates the importance of proving criminal intent in criminal law.
Legal "World-Making"
- Law shapes our understanding of reality.
- The legal world is a construct based on legal rules and principles.
- The law defines what is considered "legal" and "normal."
"A Legal Fiction"
- Legal entities can be distinct from physical entities.
- Corporations are legal fictions.
- Corporations have legal rights and obligations.
How to Make a Corporation
- Corporations are created through a legislative process.
- The state grants corporations legal status.
- Corporate law regulates the operation and governance of corporations.
Constitution of Canada
- It is the supreme law of Canada.
- It establishes the framework for Canadian government.
- It includes the Canadian Charter of Rights and Freedoms.
- It sets out the division of powers between the federal and provincial governments.
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Description
Explore the landmark case of Poonian v. British Columbia (Securities Commission). This quiz focuses on the court's examination of the Securities Commission's authority to issue a cease trade order and its implications for investor protection and market regulation. Understand key legal principles as applied in the decision.
