Federal Law One Flashcards
(24 cards)
R C A Stands for
R - Recognize (is there an offence?)
C - Classify (Summary, Dual, Indictable?)
A - Authority (Do I have the authority to charge?
What is Public Law?
Public laws are the rules between individual and society and include:
- Criminal Law — deals with crime and their punishments.
- Constitutional Law — Protects human rights and fundamental freedoms
- Administrative Law — Includes actions and operations of government
What is Private Law?
- Private law (civil law) set the rules between individuals (civil case)
Three types of Laws?
- Common law
- Statute Law
- Case Law
What is Common Law?
- Early traditional law
- Always evolving
- Helps guide judges from past cases
Example: Search after arrest of a person is not written anywhere but is common law
What is Statute Law?
- Laws enacted by various levels of government (Federal, Provincial and Municipal) It is the written law which sets the rules and define terms. It must be interpreted
Example: Section 128 of the HTA makes it unlawful for someone to drive above the posted speed limit
What is Case Law?
- Case law is made up of the written decisions of judges in court cases and tribunals. Case law comes from all levels of court in Canada
Example: R. v Godoy [1997] 1 S.C.R 311 — Police can enter a dwelling house to protect life when there Is no time to get a warrant
What is Federal Parliament?
— Revised Statutes of Canada (RSC) and regulations —
- Criminal offences
- Criminal Code
- Youth Criminal Justice Act
- Controlled Drugs and Substances Act
- Canada Evidence Act
What is Provincial Legislature?
— Revised Statues of Ontario and regulations —
- Provincial Offences
- Provincial Offences Act
- Child, Youth and Family Services Act
- Liquor Licence Act and Control Act
- Tress-pass to Property Act
- Safe Streets Act
What are Municipal Governments / First Nations Territories
— By-Laws / Band By-Laws —
- By-Laws
-Fence and line Act- Noise
- Band By-Laws
- Sec. 85.1 Indian Act
- Trespassing
Procedural Law
- Instruction manual for police
- Lays the rules by which the court hears and determines what happens in civil or criminal proceedings
Example: Section 10 of the Charter of Rights which outlines an officers duty arresting someone
Substantive Law
- Instruction manual for the citizens
- Consists of the rights and duties of each person in society
Section 7 of the Charter of rights and freedoms
Section 8 of the charter
Unreasonable search and seizure
Section 9 of the charter
Section 10 of the charter
Section 2 of the charter
Section 3 of the charter
Democratic rights
- Every Canadian citizen has the right to vote
Section 6 of the charter
Mobility rights
- Every Canadian citizen has the right to enter, remain in or leave Canada
Section 15 of the charter
Equal rights
- All citizens must be allowed equal protection and benefit of law. There can be no discrimination based on race or ethnic origin
Summary Conviction
- Heard in the Ontario court of justice
- max $5,000 fine and up to 2 years in prison
Example: trespass at night
Indictable
- most serious offences (murder, assault)
- Can be charged years after offence
- More complex court proceeding
Dual / Hybrid
- Can be either summary or indictable
- Is considered an indictable offence until the crown deems otherwise
Example: Impaired driving , Theft under $500, assault
Elements of an offence
TIPP
T - Time of date of offence
I - Identity of the accused
P - Place of offence
P - Plus the element of offence
