Levels and Branches of Government PDF

Levels and Branches of Government Levels:- Municipal:- Provides local services (libraries, police, garbage) Provincial:- Oversees healthcare, education, infrastructure, etc of a province Federal:- Divided into three branches (executive, legislative, judicial) responsible for...

Levels and Branches of Government Levels:- Municipal:- Provides local services (libraries, police, garbage) Provincial:- Oversees healthcare, education, infrastructure, etc of a province Federal:- Divided into three branches (executive, legislative, judicial) responsible for the country and national issues (citizenship, criminal law, national defense, employment insurance, etc) Branches:- Legislative:- Composed of the House of Commons (makes the law) and the senate (passes bills) They pass the laws. Executive:- Included the Prime Minister and Cabinet who implement the laws Judicial:- Comprises the Supreme Court and lower courts that interprets laws and assess constitutionality. (hear appeals about laws) Types of Law Public Law: Definition:- Governs the relationship between individuals and society and for the roles of different levels of government Types:- – Constitutional Law:- Defines the government structure, power and limitations and protects individual rights based on constitutions. (It contains rules or principles which tell the government what it can or cannot do.)  – Administrative Law:- Regulates government agency’s actions and decisions. Private Law: Definition:- Deals with disputes between individuals or organizations Types:- – Tort Law:- Addresses harm caused by one party to another either intentionally or unintentionally (e.g., injury, Amber Heard v. Johnny Depp) – Contract Law:- Governs agreements between parties, specifically how contracts are made (e.g., phone plan, employment contract etc.) – Family Law:- Handles family related issues (e.g., divorce, custody vows, prenuptial agreements) Divisions of Canadian Law Substantive Law:- Governs rights and obligations of individuals, specifically what you can and can’t do Procedural Law:- How substantive laws can be formed. Legal rules governing the process for settlement of disputes (criminal and civil) Historical Legal Systems Babylonian Law (Code of Hammurabi):- First recorded set of laws, emphasized strict punishments and “eye for an eye” mentality (retribution for most crimes, restitution for property loss). Introduced perjury as a crime, the concept of ‘innocent until proven guilty’ and organized law into categories like family and property similar to modern legal systems. Greek Law:- Created written laws giving women some rights. Influenced roman law through solon’s code and greek ideas shaped the Twelve  Tables and Justinian's Code. Emphasized justice and introduced lasting legal reforms. Restitution for most crimes but retribution for sever crimes like rape. Roman Law:- Began as unwritten customs then codified in the Twelve Tables. Introduced public and private law, legal capacity and dispute resolution. Retribution then restitution. Created Justinian’s code which brought all the laws of Rome together and included constitutional law. Became the basis for law in Western Europe except for Britain. Created the role of lawyers. (Bona fide = in good faith, de facto = concerning facts ). Influenced the creation of civil law, e.g., tort law etc. English Law:- Established the magna carta which emphasized no one is above the law not even the king. Limited absolute power through the rule of law. Trial by combat and Trial by ordeal were considered fair. Feudalism established a system of government and landholding in which justice was accessible through courts and traveling judges called assizes, which operated at intervals in counties across England and Wales. Common Law: law that is NOT written down as legislation judges determined precedent- a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed. Influenced modern democratic legal systems and constitutions. French Law:- Napoleon reformed French Law through the Napoleonic Code, creating a clear and accessible system still used in Quebec. Emphasized civil liberty, equality (excluding women), secularism, and prohibited ex post facto laws. Unified France’s laws, stabilized courts and influenced legal systems worldwide. 3 R’s of Justice Retribution:- the punishment inflicted on someone as vengeance for a crime. Proportional to crime, eye for an eye.  Restitution:- Compensation for the victim/giving back to the victim. Restoration:- Focuses on helping the criminal be a functioning member of society/better person. Healing relationship between victim and individual. Indigenous Peoples and Canadian Government Historical Agreements:- Founded on unjust treaties and agreements, modern reconciliation efforts include the Truth and Reconciliation Commission. Aboriginal Rights:- Protected under the Canadian Charter; recognizes existing rights of Indigenous peoples. Indigenous Law in Canada:- Indigenous laws in Canada stem from unjust agreements like the Indian Act and treaties from the 1763 Royal Proclamation. The Truth and Reconciliation Commission's 94 Calls to Action aim to address these wrongs. Key protections include Sections 25 and 35 of the Charter, which safeguard Aboriginal rights and require consultations on changes. Indigenous treaties are seen as shared land agreements, and the UN Declaration on the Rights of Indigenous Peoples guides Canada’s alignment with Indigenous rights. Court Systems Overview Levels of Court: Supreme Court (federal):- Highest and final court of appeal in Canada. Federal Courts:- Review federal law decisions Provincial Courts:- handle most criminal and civil cases. (money, family) Superior Courts (provincial):- Serious cases and appeals from lower courts Court of Appeals (provincial):- Reviews decisions from lower courts Speciality Courts:- Include youth, family, and small claims courts (under $35,00) within provincial jurisdiction Key Legal Concepts Precedent:- Prior court decisions guide future cases (stare decisis). Statute Law:- Laws created by Parliament. Adversarial System:- Crown Vs. Defense; burden of proof on the Crown. Rule of Law:- Everyone must obey the law; disputes settled peacefully. Major Landmark Cases R. v. Burns (2001):- Extradition cannot occur without assurance against the death penalty. Glen Burns and Atif Rafay were accused of murdering Rafay’s family in Washington and the U.S wanted them back to face trial and death penalty. The Supreme Court of Canada declared that extraditing an individual to a country where they might face the death penalty violates the principles of fundamental justice under section 7 of the Charter of Rights and Freedoms. (criminal and international law) Vriend. v. Alberta (1998):- Exclusion of sexual orientation from human rights protection was unconstitutional. A gay man was fired from his job at a christian school and claimed discrimination based on sexual orientation. The Supreme Court of Canada ruled that the exclusion of sexual orientation from Alberta's Individual Rights Protection Act was unconstitutional, violating his equality rights under the Canadian Charter. This decision prompted the amendment of the Act to include sexual orientation as a protected ground. (constitutional and human right laws) Changing Law Slides Criminal Code (1892):- Criminalized homosexual acts, creating a repressive legal environment for LGBTQ+ individuals. Section 15 of the Canadian Charter of Rights and Freedoms (1982):- Guaranteed equality rights but initially did not explicitly include sexual orientation, leading to court challenges. Canadian Human Rights Act (1977):- Prohibited discrimination based on sexual orientation in federal jurisdictions but did not address marriage rights. Bill C-16 (2017):- Added gender identity and gender expression as prohibited grounds for discrimination under the Canadian Human Rights Act. Bill C-8 (2022):- Made conversion therapy illegal to practise, profit from, or promote. National Action Plan (2022):- Announced support for LGBTQ+ communities, including research, public education, and collaboration with law enforcement. Everett Klippert Case:- In 1969, Klippert was the only Canadian declared a dangerous sexual offender for being gay. Public outrage contributed to the decriminalization of gay sex in 1969 and his release in 1971. In 2017, the Trudeau government issued a formal apology and compensation for those persecuted for their sexual orientation. Old Laws: Opium Act of 1908:- Canada’s first anti-drug law, focused on social order rather than strict control. Cannabis Addition (1923):- Cannabis and hemp added to the Opium and Drug Act, leading to jail time for possession. Narcotic Control Act (1961):- Classified cannabis as a Schedule 1 offence, with penalties of up to 7 years for possession and life for trafficking. New Laws: Cannabis Act (2016):- Aimed to: Prevent access for minors. Divert profits from illegal sales. Protect public health and safety. Legal Provisions (2018):- Adults (18+) can: Possess up to 30 grams of legal cannabis. Share up to 30 grams with other adults. Purchase from licensed retailers. Grow a limited number of plants for personal use. Make cannabis products at home without organic solvents. Drivers of Change:- William Lyon Mackenzie King’s Act:- Initially banned cannabis due to limited understanding. Le Dain Commission:- Studied cannabis use in the 1960s, leading to increased scrutiny. Ontario Court of Appeal (2000s):- Ruled cannabis prohibition unconstitutional for medical use. Policy Changes (2013-2015):- Allowed licensed producers to create cannabis products like oils. Legalization (2018):- Based on evidence of minority overrepresentation in drug charges and the ineffectiveness of prohibition, alongside the need to combat illegal markets. Morals and Ethics Morals: Personal Principles usually gained over time via family, religion, culture, experience, etc. Ethics: Code of Behaviour in a profession or group OR the study of moral philosophy = a framework for understanding and interpreting right and wrong in society Law: Written codes we MUST follow or face punishment, created by those in power Our moral compass and ethical guidelines shape how we make decisions and influence the creation and interpretation of laws. Laws often reflect societal values like justice and fairness, guiding lawmakers and legal professionals. Individuals use their ethics to navigate situations and advocate for legal reforms when laws are perceived as unjust. Ultimately, these principles ensure that legal systems promote justice and uphold the well-being of individuals and communities. Difference Between Common and Civil Law Common law is based on judicial decisions and precedents set by courts, while civil law is derived from codified statutes and written laws. Common law emphasizes case law, whereas civil law focuses on comprehensive legal codes. Difference Between Private and Public Law Public law governs the relationship between individuals and the state, including criminal and constitutional law, while private law deals with disputes between individuals or organizations, such as contract and family law.  The Five Main Functions of Law in Canada:- 1) To establish rules of conduct Ie: Highway Traffic Act (speed limits), Criminal Code, etc. 2) To provide a system of enforcement Ie: Policing (Fed=RCMP, Prov=OPP, Mun=Ottawa Police) and Court System 3) To protect individual Rights and Freedoms, create fairness Ie: Canadian Charter of Rights and Freedoms, labour law, contract law 4) Create a sense of order/resolve disputes peacefully Ie: neighbourly disputes, mediation/arbitration, custody battles, etc. 5) To maintain power and legitimacy of the state Ie: peaceful transitions of power,