PPE Seminar Module 3 - Introduction to Canadian Law.pptx

Module 3: Introduction to Canadian Law Introduction to Canadian Law Chapter 3 Copyright Ontario Association of Certified Engineering Technicians and 1 Technologists 2014  Module 3: Introduction to Canadi...

Module 3: Introduction to Canadian Law Introduction to Canadian Law Chapter 3 Copyright Ontario Association of Certified Engineering Technicians and 1 Technologists 2014  Module 3: Introduction to Canadian Law Objectives 3.1 What is the Law? 3.2 Sources of Canadian Law 3.3 The Canadian Constitution 3.4 Human Rights and Freedoms in Canada 3.5 The Court System in Canada Copyright Ontario Association of Certified Engineering Technicians and 2 Technologists 2014  Module 3: Introduction to Canadian Law Objectives 3.6 Criminal and Civil Cases 3.7 Alternate Dispute Resolution 3.8 You and the Law 3.9 Ongoing Changes in Canadian Law Copyright Ontario Association of Certified Engineering Technicians and 3 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? A law is any written rule that was created by and is enforced by the authority of a government and/or the courts. A rule is a principle governing the conduct and actions of members of a group or society. A law, therefore, is a rule that has the weight of a government and the courts behind it. Copyright Ontario Association of Certified Engineering Technicians and 4 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? The law is the whole set of rules for a society, enforced by that society’s government, so that the society functions in a certain organized and logical way. In a democracy the law has an additional role: to protect the rights and freedoms of individuals within that society. Copyright Ontario Association of Certified Engineering Technicians and 5 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? The Rule of Law means that the law applies equally to every person within that society. Copyright Ontario Association of Certified Engineering Technicians and 6 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? Societies may put the law into place for any number of reasons: – Control: The law is used to govern the conduct of the members of the society. – Social Policy: The law allows for the implementation of social policies. Copyright Ontario Association of Certified Engineering Technicians and 7 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? – Fairness: The law is a tool for ensuring that all members of the society are treated the same way. It ensures that those with more power don't take advantage of those with less power. – Protect Individual Rights and Freedoms: The law ensures that individual rights and freedoms deemed important by the society are protected. Copyright Ontario Association of Certified Engineering Technicians and 8 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? – Dispute Resolution: The law allows disputes and conflicts to be resolved peacefully and fairly. These disputes could be between individuals or between individuals and the State. Copyright Ontario Association of Certified Engineering Technicians and 9 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? Substantive Law prescribes the actual rights and duties of the individual members of the society and the society as a whole. Procedural Law prescribes the procedures by which these rights and duties are enforced. Copyright Ontario Association of Certified Engineering Technicians and 10 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? Rights under the law may include such things as freedom of speech, the freedom to move anywhere in the geographical territory of the society and the freedom to worship. Duties, for example, may include following the law and paying taxes. Copyright Ontario Association of Certified Engineering Technicians and 11 Technologists 2014  Module 3: Introduction to Canadian Law 3.1 What is the Law? Law System Substantive Law Procedural Law Criminal Procedural Public Law Private Law Law Administrative Procedural Law Civil Procedural Law Criminal Law Contract Law Statute Law Tort Law Administrative Law Family Law Property Law Copyright Ontario Association of Certified Engineering Technicians and 12 Technologists 2014  Module 3: Introduction to Canadian Law 3.2 The Sources of Canadian Law Administrative Law Statute Law Common Law and Equity Canadian Law Copyright Ontario Association of Certified Engineering Technicians and 13 Technologists 2014  Module 3: Introduction to Canadian Law 3.2 The Sources of Canadian Law Statute law is law created by a legislature or parliament, which is a group of elected or appointed representatives who are given the power to make new laws or change existing laws. Legislatures pass statute law to either fill a gap in common law and equity or to take the place of common Certified Engineeringlaw on and the same Copyright Ontario Association of Technicians 14 Technologists 2014  Module 3: Introduction to Canadian Law 3.2 The Sources of Canadian Law Statute law is created through a specific process, as spelled out in Canada’s Constitution. Statute law is created by the provinces through a similar process. Copyright Ontario Association of Certified Engineering Technicians and 15 Technologists 2014  Module 3: Introduction to Canadian Law 3.2 The Sources of Canadian Law Common law has its roots in the British legal system in which law is built upon the decisions from the royal courts. These decisions are called precedents, defined as decisions made in previous litigation. Copyright Ontario Association of Certified Engineering Technicians and 16 Technologists 2014  Module 3: Introduction to Canadian Law 3.2 The Sources of Canadian Law In equity, the party or parties applied directly to the monarch for resolution of the dispute. Over time equity developed into a system of principles that guided decisions made outside of common law. Copyright Ontario Association of Certified Engineering Technicians and 17 Technologists 2014  Module 3: Introduction to Canadian Law 3.2 The Sources of Canadian Law Administrative law is the set of detailed regulations with which larger laws are implemented. Administrative law is implemented by administrative or regulating bodies to which the government delegates limited authority to conduct day-to-day activities. Copyright Ontario Association of Certified Engineering Technicians and 18 Technologists 2014  Module 3: Introduction to Canadian Law 3.3 The Canadian Constitution A constitution is a set of rules that guides how a state or country is run. It sets out the political principles which leaders of the country follow, the institutions that will be used to govern, and the powers and responsibilities of those tasked with leading the state. Copyright Ontario Association of Certified Engineering Technicians and 19 Technologists 2014  Module 3: Introduction to Canadian Law 3.3 The Canadian Constitution The Canadian constitution is actually comprised of the multiple documents: – The Constitution Act of 1867 – The Constitution Act of 1982 – Section 52 of the Constitution Act, 1982 Copyright Ontario Association of Certified Engineering Technicians and 20 Technologists 2014  Module 3: Introduction to Canadian Law 3.3 The Canadian Constitution Canadian Government Executive Legislative Judicial Copyright Ontario Association of Certified Engineering Technicians and 21 Technologists 2014  Module 3: Introduction to Canadian Law 3.3 The Canadian Constitution Federal Government Aboriginal Government Provincial Governments Municipal Governments Copyright Ontario Association of Certified Engineering Technicians and 22 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada In Canada, the protection of an individual's rights and freedoms is under both federal and provincial jurisdiction. − Canadian Charter of Human Rights and Freedoms. − The Ontario Human Rights Code. Copyright Ontario Association of Certified Engineering Technicians and 23 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada Canadian Charter of Human Rights and Freedoms Fundamental Democratic Mobility Rights Legal Rights Freedoms Rights Minority Language Language Aboriginal Equality Rights Rights in English Educational Rights and French Rights Copyright Ontario Association of Certified Engineering Technicians and 24 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada Fundamental freedoms protected in the Charter include: – Freedom of conscience and religion. – Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. – Freedom of peaceful assembly. – Freedom of association. Copyright Ontario Association of Certified Engineering Technicians and 25 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada Democratic rights protected in the Charter include: – The right to vote in elections for federal, provincial and municipal representatives and the right to seek election. – Governments must call elections at least once every five years. – Government representatives must sit in parliament at Copyright leastOntarioonce a year Association of to perform the Certified Engineering Technicians and 26 work of governing. Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada Mobility rights protected in the Charter include: – The right to enter, remain in or leave the country. – The right to live or seek work anywhere in Canada. Copyright Ontario Association of Certified Engineering Technicians and 27 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada Legal rights protected in the Charter include: – The right to fairness during legal proceedings, particularly in criminal cases. – The right to habeas corpus to challenge a detention. – The right to be presumed innocent until proven guilty. Copyright Ontario Association of – The right to not Certifiedbe subjected Engineering to unreasonable 28 Technicians and Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada The equality rights protected under the Charter are: – We have the right to equality regardless of race, religion, national or ethnic origin, colour, sex, age, and physical or mental ability. Copyright Ontario Association of Certified Engineering Technicians and 29 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada The language rights section of the Charter recognizes English and French as Canada’s official languages. The two languages have equal status; speakers of the two languages have equal privileges to use the languages in federal organizations and institutions. Copyright Ontario Association of Certified Engineering Technicians and 30 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada The minority language educational rights stipulate the rights of English and French speakers who are a minority in French and English speaking areas of Canada. Copyright Ontario Association of Certified Engineering Technicians and 31 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada Aboriginal rights written in the Charter recognize and protect the aboriginal and treaty rights of aboriginal peoples (Indian, Inuit and Metis). The Charter also has clauses designed to facilitate the preservation of Aboriginal culture, identities, customs, traditions and languages. Copyright Ontario Association of Certified Engineering Technicians and 32 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada The rights and freedoms are NOT absolute. Our interests must be balanced against the interests of Canadian society as a whole. Our rights and freedoms must be exercised within the responsibilities that come with being Canadian. Copyright Ontario Association of Certified Engineering Technicians and 33 Technologists 2014  Module 3: Introduction to Canadian Law 3.4 Human Rights and Freedoms in Canada The Ontario Human Rights Code There should be no discrimination because of any of the following characteristics: – Race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender, identity, gender expression, marital status, family status, disability, age Copyright Ontario Association of Certified Engineering Technicians and 34 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada Police forces enforce the law. The judicial system (the judges and the courts) interpret and apply the law. There are federal courts and provincial courts. Copyright Ontario Association of Certified Engineering Technicians and 35 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada A trial is the first set of proceedings for a case. An appeal is the second set of proceedings for a case. Copyright Ontario Association of Certified Engineering Technicians and 36 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada Supreme Court of Canada Provincial Court Martial Federal Court Courts of Appeal Court of Appeal Appeal Provincial/ Tax Court of Military Courts Territorial Federal Court Canada Superior Courts Provincial Federal Administrative Administrative Tribunals Tribunals Provincial Courts Copyright Ontario Association of Certified Engineering Technicians and 37 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada The Supreme Court of Canada is the highest court in Canada. It is the court of appeal for all other Canadian courts, whether they are civil, criminal or constitutional. The Supreme Court serves both to tie together and to guide all of the other federal and provincial courts. Copyright Ontario Association of Certified Engineering Technicians and 38 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada The Federal Court and its corresponding Federal Court of Appeal reviews disputed decisions of federal boards, commissions and Federal Administrative Tribunals. The Federal Court also takes on inter-provincial and federal-provincial disputes, intellectual property (copyright and patents) proceedings, admiralty matters (maritime law), citizenship appeals, and appeals under certain federal statutes. Copyright Ontario Association of Certified Engineering Technicians and 39 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada The Federal Court shares responsibility with the Provincial Superior Courts with respect to claims by and against the Crown. Copyright Ontario Association of Certified Engineering Technicians and 40 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada The Tax Court of Canada has jurisdiction over tax and revenue matters. The Military Courts and the corresponding Court Martial Appeal Court operate under the authority of the federal National Defence Act to try members of the Armed Forces for Copyright Ontario Association of breaches of the military Code of Service Certified Engineering Technicians and Technologists 2014 41  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada The Provincial Courts of Appeals are the highest of the provincial courts. These courts hear civil and criminal appeals from the Provincial Superior Courts. The Provincial Superior Courts hear serious civil and criminal cases and also have the authority to grant divorces. The names of the superior courts and their divisions vary from province to province but their roles and responsibilities are the same. Copyright Ontario Association of Certified Engineering Technicians and 42 Technologists 2014  Module 3: Introduction to Canadian Law 3.5 The Court System in Canada The Provincial Courts hear most criminal cases, family cases and small claims. Some Provincial Courts also hear young offender cases. Additionally, these courts conduct preliminary inquiries in more serious criminal cases, to determine if there is sufficient evidence to require a full trial. Provincial Administrative Tribunals are similar to their federal counterparts. Copyright Ontario Association of Certified Engineering Technicians and 43 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases Criminal Cases Civil Cases Between an Between two individual or party individuals or parties and the State. Apply Common Law. Apply Statute Law. Some defences are found in Common Law. Copyright Ontario Association of Certified Engineering Technicians and 44 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases A crime is an act that is considered to be injurious to the public or to society as a whole. The State, not an individual, initiates a criminal case. The person charged with a criminal offence is called the accused. Copyright Ontario Association of Certified Engineering Technicians and 45 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases The Criminal Code of Canada is a federal Statute Law that encodes most criminal offences. Copyright Ontario Association of Certified Engineering Technicians and 46 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases Summary Indictable Conviction Offences Offences Hybrid Offenses Copyright Ontario Association of Certified Engineering Technicians and 47 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases A summary conviction offence is an offence for which the trial moves forward quickly and through a simple, straightforward procedure. This type of offence is also known as petty crime. Copyright Ontario Association of Certified Engineering Technicians and 48 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases An indictable offence is a more serious offence than a summary conviction offence. Examples include theft over $5,000, break and enter, aggravated sexual assault and murder. The trial procedure for an indictable offence is lengthier and more convoluted than that for a summary conviction offence. Copyright Ontario Association of Certified Engineering Technicians and 49 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases A civil case or suit is initiated by an individual or corporation, not by the State. Disagreements that lead to civil cases can be about any number of things: contracts, property, or physical injury. Copyright Ontario Association of Certified Engineering Technicians and 50 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases The party that initiates the case or sues is called the plaintiff. The party being sued is called the defendant. Copyright Ontario Association of Certified Engineering Technicians and 51 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases One set of terminology for the three main stages of a civil case is: pleading, discovery, and trial. Copyright Ontario Association of Certified Engineering Technicians and 52 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases A pleading takes place in court and sets out the complaint against the defendant as well as the remedy that the plaintiff wants. The document upon which a pleading is based can have any number of names: a writ of summons, a statement of claim, a declaration, an application or an originating document. Copyright Ontario Association of Certified Engineering Technicians and 53 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases When an originating document is filed, a court officer issues the claim which is then served on the defendant. The defendant must then provide the court with a written statement of defence. At this point, or at any point prior to a decision being made at the end of a civil case trial, the parties may try to reach an agreement outside of the court. This is called an out of court settlement. Copyright Ontario Association of Certified Engineering Technicians and 54 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases A discovery is the next step in a civil case. It is a pre-trial session in which the claim against the defendant is clarified and in which both parties share the evidence they will use in court. The sharing of evidence allows the parties to determine if a trial is really necessary and also to clarify the key points of the case. Copyright Ontario Association of Certified Engineering Technicians and 55 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases If proceeding to trial, the plaintiff attempts to prove the case against the defendant. The degree of proof required in a civil case is less than in a criminal case. There are two end-points to the trial step: a decision about whether the defendant is liable, and if so, a decision as to the remedy that will be applied. Copyright Ontario Association of Certified Engineering Technicians and 56 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases Civil Case Outcomes The defendant has not done The defendant anything is liable. wrong. Copyright Ontario Association of Certified Engineering Technicians and 57 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases Remedie s Declarator Specific Damages y Performance Remedies Remedies Copyright Ontario Association of Certified Engineering Technicians and 58 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases Damages are the most commonly awarded remedy. There are two purposes for damages: to compensate the plaintiff for any past or future loss caused by the defendant, and to send a message of strong disapproval to the defendant. The latter damages are called punitive or exemplary damages; this type of damage is only permissible in certain situations. Copyright Ontario Association of Certified Engineering Technicians and 59 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases Declaratory remedies are those in which the court affirms the rights of the plaintiff. For example, the court may declare the plaintiff has ownership of a particular piece of property as a result of a contract or a will. Copyright Ontario Association of Certified Engineering Technicians and 60 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases A specific performance remedy requires the defendant to do something. For example, if a contract about providing a service is in dispute, the court may require the defendant to complete the service. The opposite of a specific performance remedy is an injunction. An injunction prohibits or restrains the defendant from doing something. Copyright Ontario Association of Certified Engineering Technicians and 61 Technologists 2014  Module 3: Introduction to Canadian Law 3.6 Criminal and Civil Cases An appeal is a review of a trial in order to receive a different verdict and/or sentence. The right to appeal the decision of a court is an important safeguard in the Canadian legal system. Copyright Ontario Association of Certified Engineering Technicians and 62 Technologists 2014  Module 3: Introduction to Canadian Law 3.7 Alternate Dispute Resolution Alternate Dispute Resolution (ADR) is a set of methods through which conflicts and disputes are resolved privately rather than through civil litigation. Copyright Ontario Association of Certified Engineering Technicians and 63 Technologists 2014  Module 3: Introduction to Canadian Law 3.7 Alternate Dispute Resolution Alternate Dispute Resolution Negotiation Mediation Arbitration Copyright Ontario Association of Certified Engineering Technicians and 64 Technologists 2014  Module 3: Introduction to Canadian Law 3.7 Alternate Dispute Resolution Negotiation is an ADR method in which the parties in the dispute work through their issues without having an external party assist in the process or impose a particular resolution. The parties may receive coaching behind the scenes from experts or friends but the actual discussion process is conducted by the parties themselves. Copyright Ontario Association of Certified Engineering Technicians and 65 Technologists 2014  Module 3: Introduction to Canadian Law 3.7 Alternate Dispute Resolution Mediation is an ADR method in which parties in a dispute request a neutral, external person called a mediator to help them come to a mutually acceptable agreement. The mediator is trained to make sure that all parties in the dispute get heard and that the discussion remains calm, respectful and non- confrontational. Copyright Ontario Association of Certified Engineering Technicians and 66 Technologists 2014  Module 3: Introduction to Canadian Law 3.7 Alternate Dispute Resolution Arbitration is an ADR method in which parties in a dispute refer their disagreement to a mutually acceptable, independent third party expert called an arbitrator. The arbitrator does not need to be a lawyer. The arbitrator is often a specialist in the topic under dispute, with additional training in arbitration. The parties agree before the arbitration starts that they will be bound to the arbitrator’s decision. Copyright Ontario Association of Certified Engineering Technicians and 67 Technologists 2014  Module 3: Introduction to Canadian Law 3.7 Alternate Dispute Resolution The reasons to use ADR are: – ADR can be faster than litigation. – ADR is usually cheaper than litigation. – ADR methods are deliberately designed to be respectful of all parties involved. – ADR proceedings are usually kept private; they are only made public with the consent of all parties Copyright Ontario Association of Certified Engineering Technicians and 68 Technologists 2014  Module 3: Introduction to Canadian Law 3.8 You and the Law Jury duty Testifying in court Knowing the law Getting legal advice Copyright Ontario Association of Certified Engineering Technicians and 69 Technologists 2014  Module 3: Introduction to Canadian Law 3.9 Ongoing Changes in Canadian Law Current Law Change in Change in Law Society Evaluation of Law Copyright Ontario Association of Certified Engineering Technicians and 70 Technologists 2014  Module 3: Introduction to Canadian Law Review 3.1 What is the Law? 3.2 Sources of Canadian Law 3.3 The Canadian Constitution 3.4 Human Rights and Freedoms in Canada 3.5 The Court System in Canada Copyright Ontario Association of Certified Engineering Technicians and 71 Technologists 2014  Module 3: Introduction to Canadian Law Review 3.6 Criminal and Civil Cases 3.7 Alternate Dispute Resolution 3.8 You and the Law 3.9 Ongoing Changes in Canadian Law Copyright Ontario Association of Certified Engineering Technicians and 72 Technologists 2014