Canadian Law Exam Study Sheet PDF

Table of Contents Total Recommended Section Question Type TACK Category Section...

Table of Contents Total Recommended Section Question Type TACK Category Section Time Marks A Multiple Choice Knowledge 25 25 minutes Compare and B Application 20 15 minutes contrast C Case Analysis Thinking/Application 18 25 minutes D Case Analysis Thinking / Application 12 25 minutes Total: 65 90 Minutes What is Law and Historical Roots of Law Classifying Law-Public Law/Private Law Public Law ​ Deals with issues that affect society as a whole. ​ Governs the relationship between individuals and the state/government. ​ Examples include: ○​ Criminal Law: Punishes crimes like theft or assault. ○​ Constitutional Law: Protects rights and freedoms under the Charter of Rights and Freedoms. ○​ Administrative Law: Regulates government agencies and decisions. ○​ Tax Law: Rules about paying taxes to the government. ​ Purpose: To maintain order, protect society, and uphold public interests. Private Law (Civil Law) ​ Deals with disputes between individuals, businesses, or organizations. ​ Governs private relationships and obligations. ​ Examples include: ○​ Contract Law: Agreements between parties (e.g., buying/selling goods). ○​ Tort Law: Compensation for harm caused by others (e.g., negligence). ○​ Family Law: Issues like divorce, custody, and child support. ○​ Property Law: Rights and ownership of property. ​ Purpose: To resolve disputes and ensure fairness between private parties. More on each will be explained later. Key Difference: In very simple terms ; retribution, deterrence and justice vs restitution and justice ​ Public law focuses on rules and offenses that affect the public at large, enforced by the government. ​ Private law addresses conflicts between private individuals or entities, usually resolved in civil courts. Functions of Law Law provides a framework within which ALL members of society MUST behave. 1) Establish Rules of Conduct (Reductionist) To minimize or reduce possible conflicts · ​ ​ ​ E.g. Highway Traffic Act, Youth Criminal Justice Act 2) Provides a system of Enforcement ​ For laws to have meaning they must be enforced 3) Protect Rights and Freedoms · ​ Protection of life and property with the help of the police and the system of courts. E.g OPP, RCMP, The Charter of Rights and Freedoms 4) Provide Protection for Society -​ To protect you and others from people/groups who might take advantage of you. E.g. Labour law (minimum wage), Criminal Law 5) Provide a Basis for Settling Disputes/Disagreements ​ ​ (CIVIL LAW) · ​ Peacefully through discussion or negotiation · ​ Through the courts as a last resort These functions ensure a stable, fair, and just society. Bill to Law-stages of how a bill becomes a law Here are the 7 steps for a bill to become law in Canada: 1.​ First Reading: The bill is introduced in either the House of Commons or Senate, and its purpose is explained. No debate occurs. 2.​ Second Reading: Members debate the bill's principle and vote on whether it should proceed. 3.​ Committee Stage: A committee studies the bill in detail, suggesting changes or amendments. 4.​ Report Stage: The committee reports back to the house, and members can propose further amendments. 5.​ Third Reading: The bill is debated again, focusing on its final form, and then voted on. 6.​ Senate Approval: If the bill started in the House, it goes to the Senate for the same process (or vice versa).  7.​ Royal Assent: The Governor General (or a deputy) gives the bill formal approval, making it law. Criminal law basics Elements of a crime (including Actus Reus and Mens Rea) In Canada, a crime consists of two key elements: 1.​ Actus Reus (The Guilty Act) ○​ The physical act or omission that constitutes a criminal offense. ○​ Example: Theft requires taking someone’s property without permission. 2.​ Mens Rea (The Guilty Mind) ○​ The mental intent or state of mind to commit the crime. ○​ Example: Intentionally planning to take property, knowing it’s not yours. Both elements must typically be proven beyond a reasonable doubt for a conviction. Perpetrators of crime Principal Offender: The person who directly commits the crime. Aider: Someone who assists the principal offender in committing the crime. Abettor: A person who encourages or instigates the crime but does not physically participate. Accessory: Someone who helps the offender before (e.g., providing tools) or after the crime (e.g., hiding evidence). Co-Conspirator: An individual involved in planning or agreeing to commit a crime with others. Corporate Perpetrators: Organizations or companies that commit offenses, such as fraud or environmental violations. Rules of Evidence The key to proving any criminal case is the collection, preservation and analysis of evidence. Evidence provides a way for the crown and defense to reform the relevant aspects of the criminal act. The evidence process requires that the fact-finding process is just and reliable. Some evidence can directly link the accused to a crime. Majority of evidence must be analyzed by the jury to formally create a hypothesis from logic or inferences to the scene of the crime. What is the burden of proof? This means the responsibility to prove something in a legal case. In criminal cases, the prosecutor must prove the person did the crime without much doubt. In civil cases, it's enough to show that something is probably true.​  On the chart that follows, the terms provide an example.​ Type of Evidence Explanation Example Direct evidence Evidence that directly proves A witness saw the defendant a fact without needing any committing the crime. inferences. Circumstantial evidence Evidence that suggests a fact The suspect’s fingerprints is true but doesn’t prove it were found at the crime directly. scene. Character evidence Information used to show a A friend testifies that the person’s character traits, like defendant is usually peaceful, honesty or aggression, to to suggest they wouldn't start influence how they might a fight. behave. Electronic surveillance Using technology like A security camera records a cameras, wiretaps, or GPS to person stealing from a store. monitor someone's activities. Polygraph test A lie detector test that A suspect is asked about the measures physical responses crime while hooked up to the (like heart rate) to see if polygraph machine. someone is telling the truth. Leading questions Questions that suggest the "You saw the defendant at answer, usually not allowed the scene, didn’t you?" during direct examination of a witness. Hearsay statements Statements made outside the "My friend told me she saw courtroom that are repeated the defendant running away." in court to prove something. They’re usually not allowed because the original speaker isn’t there to be questioned. Opinion statements Personal beliefs, not facts. "I think he's guilty." Expert witness testimony Qualified expert providing A doctor testifying about specialized knowledge. medical conditions. Immaterial or irrelevant Evidence unrelated to the Bringing up someone's evidence case. unrelated past behavior.  Non-responsive answers A witness avoiding the Responding to a question question asked. about location with unrelated details. Law of Evidence (2 reasons Rules governing what can be Contract in place such as a to exclude evidence used in court; evidence is NDA excluded if: It's hearsay. It violates privacy rights. Voir dire Jury selection process where Asking jurors about biases in potential jurors are a case. questioned. Trier of facts Person or group deciding the A jury or judge in a bench facts in a case. trial. Trial process Pre-Trial ​ Disclosure of evidence between parties. ​ Pre-trial motions (e.g., to exclude evidence). ​ Jury selection (if applicable). Opening Statements ​ Prosecution/Plaintiff: Presents their case and evidence outline. ​ Defense: May provide an opening statement or wait until their case begins. Presentation of Evidence ​ Prosecution/Plaintiff: Calls witnesses and presents evidence. ​ Cross-Examination: Defense questions the witnesses. ​ Defense: May present their own evidence and witnesses. ​ Cross-Examination: Prosecution questions defense witnesses. Closing Arguments ​ Both sides summarize their cases and highlight key evidence. Judge’s Instructions ​ For jury trials: The judge explains the law and how to apply it. Deliberation and Verdict  ​ Jury Trial: Jury deliberates and delivers a verdict. ​ Judge Alone: Judge decides the case. Sentencing (if Guilty) ​ For criminal trials, sentencing occurs based on the offense and mitigating/aggravating factors. Legal Defenses Mistake of Fact: The accused misunderstood a key fact, negating intent (e.g., unknowingly taking someone else’s property). Duress: The accused was forced to commit the crime under threat of harm. Self-Defense: The accused used reasonable force to protect themselves, others, or property. Mental Disorder (Not Criminally Responsible): The accused couldn’t understand their actions or distinguish right from wrong due to a mental disorder. Intoxication: May reduce liability if involuntary or if intent for specific crimes couldn’t be formed. Necessity: The crime was committed to avoid greater harm (e.g., breaking into a cabin to escape a storm). Provocation: Can reduce murder to manslaughter if the accused acted in the heat of passion after provocation. Automatism: The accused acted involuntarily due to an external factor (e.g., sleepwalking or a medical condition). Consent: The victim consented to the actions, provided the consent was legally valid (e.g., in sports). Alibi: The accused was somewhere else when the crime occurred. How cases can change laws Expanding Equality Protections (Andrews v. Law Society of BC, 1989): Introduced a framework for assessing equality under the Charter and broadened protections to include analogous grounds like citizenship status. It shaped Canadian equality law. Right to a Fair Trial (R. v. Stinchcombe, 1991): Established the Crown's duty to disclose all relevant evidence, ensuring fair trials and reducing wrongful convictions. Abortion Rights (R. v. Morgentaler, 1988): Struck down restrictive abortion laws as unconstitutional, removing barriers and safeguarding women's rights to security and autonomy. No Death Penalty (United States v. Burns, 2001): Made it unconstitutional to extradite individuals to face the death penalty without assurances, reinforcing Canada's stance against capital punishment. Same-Sex Rights (Vriend v. Alberta, 1998): Recognized discrimination based on sexual orientation as unconstitutional, marking a pivotal step toward LGBTQ+ equality in Canada. Sentencing-objectives and pre sentencing reports Sentencing in Canada serves several objectives, including denunciation (expressing society’s condemnation), deterrence (discouraging reoffending), separation (protecting the public), rehabilitation (promoting reintegration), restitution (compensating victims), and reparation (allowing offenders to take responsibility). Pre-sentencing reports provide judges with information on the offender’s background, the impact on victims, and recommendations for sentencing, helping to determine an appropriate and fair penalty. Fundamental Freedoms including freedom of assembly and freedom of association (Charter of Rights and Freedoms) The Charter of Rights and Freedoms guarantees fundamental freedoms in Canada, including: ​ Freedom of Conscience and Religion: The right to practice any religion or none at all. ​ Freedom of Thought, Belief, Opinion, and Expression: The right to hold and express opinions without interference, including freedom of the press. ​ Freedom of Peaceful Assembly: The right to gather in groups for peaceful purposes, such as protests or demonstrations. ​ Freedom of Association: The right to join or form groups, organizations, or unions for common interests or purposes, including political or labor-related activities. Civil Law Torts Litigation - Settling of a dispute in Civil Court. Litigants​ Plaintiff (1st person) Defendant / Respondent (2nd person) Tort - A civil wrong Someone wronged you and you want to get compensated for it.​ ​ Small Claims Court - The People's court In Ontario the limit is $35 000 Do not need a lawyer Statement of claims - Civil action outlining the plaintiff’s case AND the remedy requested Balance of Probabilities - Level of proof needed in a civil case Which side is most likely to be the truth Default Judgement - IF the defendant does not file a defence and does not appear in court, the Judge can rule in the Plaintiff favour.​​ Damages (civil law) - Goal: is to return the plaintiff back to the place there were in, before the issue happened. Punitive Damages - Damages awarded for bad behaviour Injunction - A court order to make a person stop doing something. Garnishment - Taking part of a person's income (paycheque) until the debt is paid off. Mediation - An impartial party (3rd party) sits down and attempts to help the litigants work out their problem and come to an agreement. Arbitration - The Litigant allows a 3rd party to make the final decision. Torts Tort: A wrongful action leading to harm or injury. Types of Tort: ​ Negligence: Failing to take care, causing foreseeable harm.​ Example: Slipping on an icy driveway that wasn’t salted. ​ Contributory Negligence: When the victim shares fault for the harm caused. ​ Limitation Period: The time limit to file a tort action to seek damages. ​ Voluntary Assumption of Risk: Accepting known risks and still proceeding with the action. ​ Illegality: No compensation for harm caused by illegal actions. ​ Vicarious Liability: A person is responsible for another’s actions.​ Example: An employer for an employee's actions. ​ Trespass to Goods: Touching or taking someone’s belongings without permission. ​ Trespass to Land: Entering someone’s land without permission. ​ Trespass to Person (Battery/Assault): Unwanted physical contact. ​ Nuisance: Actions interfering with a person’s enjoyment of their property. ​ Defamation: Damaging someone’s reputation publicly. ​ Economic Tort: Financial harm caused by wrongful actions. Defenses: ​ Consent: Agreeing to something, e.g., in sports, knowing the risks. ​ Self-Defense: Protecting yourself from harm. ​ Defense of Others: Protecting others from harm. ​ Defense of Property: Using reasonable force to protect property. ​ Legal Authority: A citizen may arrest someone committing a crime. ​ Provocation: Inciting someone to act in a certain way. Contract Law -​ Private law -​ If both parties don’t live up to what is on their contract it is called a contract breach -​ In order to be a valid contract: -​ Offer and acceptance -​ Ex. buying something knowing the price and bringing it to the counter the worker is accepting your offer to buy it -​ Consideration  -​ The exchange of something of value between parties -​ Capacity -​ Age -​ Ex. Old enough to make the purchase -​ Both making the contract for the right reasons with good intentions -​ Ex. Not pressured or tricked into purchasing something -​ No force -​ Ex. Didn’t force anyone to make the purchase -​ Consent -​ Lawful purpose -​ Nothing illegal about the contact -​ Ex. the object being bought is not stolen or part of a crime -​ Types of contracts -​ Express contract -​ Verbal or written -​ Implied contract -​ Suggested by a person's actions -​ Ex. ordering a meal at a restaurant is implied that you will pay for the meal -​ Simple contracts -​ Can be written, verbal or implied -​ Don't need to be very detailed -​ Contracts under seal -​ Must have a witness see the signing Children’s Rights Who is a child? Every human being below the age of 18 years unless under the law applicable to the child, majority is attained earlier. Under Ontario Law, the “child youth and family services act, 2017”, you are a minor until you are 18, but a “child” is someone under the age of 16. Key rights from the CRC: Children should not be discriminated against based on their race, religion or abilities; what they think or say; the type of family they come from; where they live, what language they speak, what their parents do, what gender they identify with, what their culture is, whether they have a disability or whether they are rich or poor. Best interests of the child (Article 3) This principle places the best interests of children as the primary concern in making decisions that may affect them. All adults, including those who are involved in making decisions related to budgets, policy and the law, should do what is best for children. When adults make decisions, they should think about how their decisions will affect children. Right to life, survival and development (Article 6) Children have the right to live. Governments should ensure that children survive and develop in a healthy way. Can a child emancipate legally in Ontario? Ontario does not have a law for youth to be emancipated. You cannot go to the court to be emancipated. If you are 16 yrs or older you may leave home, if you are under 16 CAS must be involved and investigate The youth may take everything that belongs to them that they use regularly, regardless of if they were the one to actually buy it. They should ensure that they take all identification (Health Card, SIN, Passport, Birth Certificate, etc.) Occupiers Liability 1.​ Duty of Care: Occupiers must take reasonable steps to protect people on their premises from foreseeable harm. This includes maintaining the property, warning of hazards, and addressing dangerous conditions. 2.​ Scope: The duty typically extends to lawful visitors (e.g., customers, guests) and, in some provinces, may also apply to trespassers, though with a lower standard of care. 3.​ Exceptions: Occupiers may not be liable for risks willingly assumed by the entrant or injuries resulting from activities that the visitor voluntarily engaged in. 4.​ Standards Vary by Province: Provinces like Ontario, Alberta, and British Columbia have specific Occupiers' Liability Acts, which detail nuances like liability for independent contractors or recreational activities. Labour/Workplace law What are workplace rights? The right to know: What they will be exposed to in their daily lives especially in the workplace The right to participate: what employees have to work safely, As well as workers have to input steps taken to make a safe workplace by participating of the health and safety committee The right to refuse unsafe work: Ontario Occupational Health and Safety act, in section 43, workers have the right to refuse the work they feel if they are endangered to their health or another worker. The right to protection from discrimination: The employee can actually take it to court if the discrimination feels like it violates federal law. As in Article 14, it is the rights of freedom which is to be protected without discrimination Federal Laws That Protect Employees -​ The Minimum Wage. -​ Workplace Safety. -​ Health Coverage. -​ Social Security. -​ Unemployment Benefits. -​ Whistleblower Protections. -​ Family Leave. -​ Employment-Based Discrimination. The employment equity act Mainly for: -​ Women -​ Aboriginal people (indian, inuit, or Metis) -​ People with disabilities -​ Member of visible minorities The Canada Labor Code The Canada Labour Code covers: -​ Industrial relations -​ Workplace health and safety -​ Employment standards The workplace equity information management system The Workplace Equity Information Management System (WEIMS) is an online application intended to be used by employers under the Legislated Employment Equity Program (LEEP) and federal contractors under the Federal Contractors Program (FCP). Family Law Marriage and Divorce: Covers the legal requirements for marriage and the process of divorce, governed by the Divorce Act and provincial laws. Child Support and Custody: Ensures financial support for children and decides custody and parenting arrangements based on the child's best interests. Spousal Support: Provides financial support to a spouse after separation or divorce, based on needs and contributions during the relationship. Property Division: Addresses how property and assets are divided upon separation or divorce.