Module 1 Flashcards
(15 cards)
1
Q
Driedger’s Modern Principles of Statutory Interpretation
A
- Plain Meaning Rule
- Words should be interpreted using their ordinary, everyday meaning, unless doing so leads to absurdity.
- Example: “Vehicle” means any kind of car, truck, or bike — unless clearly limited. - Contextual (or Golden) Rule
- Even if the plain meaning seems clear, you must consider the context — surrounding sections, definitions, and how the word is used in the rest of the statute.
- Also helps avoid absurd or unreasonable outcomes. - Purposive Approach (Mischief Rule)
- Looks at the purpose of the law — what problem was Parliament trying to solve?
- Focuses on the “mischief” the law aims to address and interprets the statute to suppress that mischief and promote the remedy.
2
Q
Ratio Descendi
A
- Core legal reasoning the judge uses to reach their decision.
- Only the ratio is binding on future cases (under stare decisis). The rest — explanations, side comments — are called obiter dicta, which are persuasive but not binding.
3
Q
Parliamentary Supremacy
A
- Parliament is the highest law-making authority. It can pass, change, or repeal any law — but in Canada, its power is limited by the Constitution, Charter of Rights and Freedoms, federalism, and the courts.
- Because judges are appointed it wouldn’t make sense to not give parliament some control over that
4
Q
Passing of a Bill
A
- First Reading
- Bill is introduced
- Title is read aloud
- No debate or vote - Second Reading
- Debate on the principle of the bill
- Vote to move to committee - Committee Stage
- Bill is studied in detail
- Experts may testify
- Committee can suggest amendments - Report Stage
- Committee reports the bill back
- Further debate and amendments allowed - Third Reading
- Final debate and vote on the bill as amended - Repeat Steps 1–5 in the Senate
- Royal Assent
- Governor General signs the bill into law
5
Q
Stare Decisis
A
- Latin for “to stand by things decided” — the legal principle that courts must follow precedents set by higher courts in earlier decisions.
- Promotes consistency, predictability, and fairness in the law
- Binding precedent = must be followed (from higher courts in the same jurisdiction)
- Persuasive precedent = may be considered (e.g. from other provinces or countries)
- Only the ratio decidendi (the legal reasoning) is binding — obiter dicta is not
6
Q
Regulation
A
- A law made by the executive branch (e.g. Cabinet or a government agency) under the authority of a statute. Regulations provide the detailed rules needed to implement and enforce legislation.
- Faster and more flexible to create or change than full statutes
- Must still be published in the Canada Gazette and follow a formal process
7
Q
Civil Law
A
- A legal system based on comprehensive written codes and statutes. Judges interpret and apply the law, but do not make law through precedent.
- Main Source of Law: Civil code and legislation — statutes cover nearly every area of law.
- Judges’ Role: Apply the law as written; do not rely on past cases to guide decisions.
- Precedent: Court decisions have limited influence — they may guide but are not binding.
- Quebec
8
Q
Common Law
A
- A legal system where judicial decisions (precedents) are a primary source of law. Courts interpret statutes and develop legal rules through past judgments (stare decisis).
- Main Source of Law: Case law (judicial decisions) and Statutes, which are interpreted by the courts
- Judges’ Role: Interpret the law and create binding precedent when deciding cases.
- Precedent: Central to the system — lower courts must follow decisions from higher courts (stare decisis).
9
Q
Legislation
A
- Laws made by elected legislative bodies (like Parliament or a provincial legislature). Legislation includes statutes (acts) and the rules passed through a formal law-making process.
- Process: Introduced as a bill, passed through readings and debate, then given Royal Assent
- Types: Statutes/Acts: Fully debated, high-level laws
and Regulations: More detailed, made under the authority of statutes by the executive - Takes priority over case law (judges must apply statutes unless they’re unconstitutional)
10
Q
Parliament
A
- The federal legislative branch of Canada, responsible for making laws. It includes the House of Commons, the Senate, and the Monarch (represented by the Governor General).
- Only Parliament can pass criminal laws
11
Q
Legislature
A
- A law-making body in government. It has the authority to create, amend, and repeal laws. In Canada, this includes Parliament federally and provincial legislatures (like Alberta’s Legislative Assembly).
- “Legislature” is a general term for any law-making body.
- “Parliament” is the specific name for Canada’s federal legislature.
12
Q
Rule of Law
A
- The principle that everyone — including the government — is subject to and accountable under the law, which must be applied fairly, equally, and consistently.
1. No one is above the law - Even government officials, police, and elected leaders must obey the law.
- Laws must be clear, public, and stable
- So people can know their rights and obligations and plan their actions accordingly. - Laws are applied equally
- Regardless of wealth, status, race, gender, etc. - Access to independent courts
- Legal disputes must be resolved by impartial judges, free from government influence. - Legal accountability of the government
- Government actions must be authorized by law and open to review (e.g., through judicial review).
- The Constitution Act, 1982, and especially the Charter of Rights and Freedoms, help uphold the rule of law.
- The Supreme Court of Canada has emphasized the rule of law as a “foundational principle” of the Constitution (e.g., in Reference re Secession of Québec).
13
Q
Common Law Decision
A
- Judicial rulings that create legal rules or clarify how laws are applied. In the common law system, past court decisions (precedents) guide future cases — this is known as stare decisis.
- Made by judges in real legal disputes
- Decisions become binding precedent for lower courts in the same jurisdiction
- Only the ratio decidendi (the legal reasoning) is binding — obiter dicta is not
- Courts can distinguish, overrule, or affirm past decisions based on new facts or changing values
14
Q
Public Law
A
- The area of law that governs the relationship between individuals and the state, and the structure and powers of government. Its main purpose is to regulate society and protect the public interest.
- ex. constitutional, criminal, administrative
15
Q
Private Law
A
- The area of law that governs relationships between individuals, businesses, or private entities. Its purpose is to resolve disputes and provide remedies for wrongs or broken agreements.
- Torts, Contract, Family, Property
