Untitled Document (1) PDF - Legal Principles

Laws Common law: (rest of canada) - originates in england. Common law system has laws that are generated by the government and are compiled into statutes. - The common law is law that is not written down as legislation. Common law evolved into a system of rules based on prece...

Laws Common law: (rest of canada) - originates in england. Common law system has laws that are generated by the government and are compiled into statutes. - The common law is law that is not written down as legislation. Common law evolved into a system of rules based on precedent. Common law evolved into a system of rules based on precedent. This is a rule that guides judges in making later decisions in similar cases. Civil law: - Civil law deals with disputes between individuals or entities. It includes areas such as contracts, property, and family law. (Quebec) Federal criminal law: - Governed primarily by the Criminal Code of Canada, criminal law addresses offences against society, such as theft, assault, and murder. The federal government is responsible for criminal law Public law: - governs relationships between individuals and the state. It covers areas where the government has a direct role, ensuring the regulation of society and protection of public interests. ( “R v X”. the r is in reference to the state, and the x is the person) Private law: - governs relationships between individuals, organisations, or businesses without direct government involvement. It deals with private matters and often involves compensation or dispute resolution Civil law system: - all laws have to be written down and are compiled into statute. They tend to be broader. They need to be flexible and able to adapt. Court: A trial court: - is the first level where legal cases are heard and decided. It’s where the evidence is presented, witnesses testify, and the facts of the case are examined in detail to determine guilt, liability, or legal responsibility. Trial courts focus on establishing the facts and applying the law to reach a verdict or judgement. An appeal court: - reviews decisions made by trial courts to ensure the correct application of law. It typically does not re-examine evidence or call new witnesses; instead, it focuses on legal errors that may have affected the trial court's decision. Open court principle: - is a legal concept that says court proceedings should be open and accessible to the public. This means that, generally, anyone can attend a court hearing, and the media can report on cases. Bans Publication ban - A usually temporary court order to temporary delay or limit the information in public communication about legal proceeding and or some of the persons involved in it common arguments in favour of publication bans: Preventing Jury Influence: Publication bans help keep jurors unbiased by limiting the information they can see in the media. Protecting Vulnerable Witnesses: Some witnesses, like victims of sexual assault or minors, may be at risk of trauma or stigma if their identities are made public Protecting Privacy: In certain cases, sensitive personal details (such as medical or financial records) might come up in court. Types of bans Discretionary Non-Statutory Bans: - Definition: These are publication bans that judges issue based on their authority to ensure a fair trial or protect privacy but are not explicitly required by law. - Examples: A judge might impose a non-statutory ban to restrict details of high-profile cases that could influence public opinion or jury impartiality. Professional Community Norms - Definition: These are informal, self-regulated norms followed by journalists and media outlets to respect privacy and sensitive topics. - Examples: Reporting on Suicide: Media may avoid explicit details or the term "suicide" to reduce copycat incidents or out of respect for affected families. Statutory Publication Bans - Definition: These bans are based on specific laws or statutes and are sometimes mandatory and sometimes discretionary. - Examples: Youth Criminal Justice Act prohibits publishing the names of young offenders under 18. In order to get a discretionary non statutory ban the press must show that: There is an important objective to be achieved That it is limited in scope That it is limited in time That it is specific on the relation to the type of content That there is no other less intrusive way to achieve the same outcome Principle Open court principle: is the idea that court proceedings should be open to the public and media. This principle allows people to see and understand how the justice system works, promoting transparency and accountability (The open court principle is linked to the freedom of expression and freedom of the press which include the right of the public to receive information.) (example: criminal trial) The principle of openness: is a fundamental concept in law, meaning that government and legal processes should be transparent and accessible to the public. Statutory: refers to something that is established, defined, or required by law or statute. In legal terms, a statute is a written law passed by a legislative body, such as Parliament or a provincial legislature. (Statutory Publication Bans: These are publication bans that are required or allowed under specific statutes, like bans to protect the identity of young offenders as mandated by the Youth Criminal Justice Act.) The harm principle: is a concept developed by philosopher John Stuart Mill that suggests individuals should be free to act however they wish, as long as their actions do not cause harm to others. The only justification for restricting someone’s freedom is to prevent harm to others—not to prevent self-harm or to impose societal morals. (example: Suppose a news outlet wants to publish the name and personal details of a sexual assault victim. According to the harm principle, publishing this information could cause significant harm to the victim) The offence principle: suggests that the state can restrict individual freedoms not just to prevent harm but also to prevent actions that may cause serious offence to others. This principle acknowledges that some behaviours or expressions might be deeply upsetting or objectionable to individuals or groups, even if they do not directly cause harm. (example: a public demonstration where people display offensive or inflammatory messages, such as hate speech against a particular group. While freedom of speech is a protected right, if the expression is likely to incite violence or cause serious emotional harm to a targeted group, authorities may intervene) Competing democratic values principle: refers to the idea that in a democratic society, various values and principles can sometimes conflict with one another. This principle acknowledges that while certain rights, such as free speech, are fundamental, they may sometimes clash with other important democratic values Imagine a case where a speaker at a public event promotes hate speech against a minority group. On one hand, the right to free speech is a fundamental democratic value. On the other hand, the value of equality and the protection of vulnerable populations is also crucial (example: whatcott case: an evangelical christian man made posters denigrating homosexuals. He said that the sask human rights code hate speech provisions violated his freedom of religion.) Journalistic Sources Protection Act: - The journalistic sources protection act makes it less likely that courts will make it necessary to reveal a confidential source if it serves public interest. - Amendments to Canada Evidence Act: Journalists can object to disclosing information that could identify their sources before courts or other authorities. Burden of proof: The party seeking the information must prove that it is necessary to reveal the information about the sources. Court Conditions: if the information is revealed the court may impose conditions to limit impact on the journalist and the source Canada's three branches of government: The executive branch is one of the three main branches of government, typically responsible for implementing and enforcing laws. Headed by a leader like a president, prime minister, or monarch (depending on the country), this branch includes various departments, agencies, and advisors. (The party has the most votes in the house of coombs form the government and the prime minister and the cabot operate the as a executive branch) The legislative branch is responsible for making, amending, and repealing laws within a government. Comprising elected representatives, this branch represents the people’s interests and creates the legal framework for the executive branch to implement and enforce. - Parliament is the legislative branch of the federal government (Senate and house of common) - A bill (proposed law) is introduced in either the Senate or the House of Commons. Parliamentarians - debate the bill and vote to decide whether it should be studied further. Judicial branch: The judicial branch is made up of a system of courts, administrative boards and tribunals at the federal, provincial and territorial levels. Constitutions division of powers provincial : Educations, health care, tourism, direct taxation, local issues, labour, provincial public work Federal: Defence, peace and order, good government, international and interprovincial trade, communication, bank and currency, foreign affair, criminal law, residual powers Municipal: roads, transit, waste and wastewater, property, by-laws, social welfare, parks, local planning and development