SOURCES OF LAW

Question 1

7 Sources of Law at Work in Canada

Answer 1

1. Constitution Act: This is the highest source of law, it outlines how a country is governed. All other laws must follow the constitution. The constitution consists of 2 key documents. One is the Constitution Act (1867), which was formerly known as the British North America Act. This enabled Canada to establish its political structure. It divided power among the provincial and federal government and what they controlled. For example, the federal government was responsible for things like: immigration, banking, and criminal law, while the provincial government was responsible for: healthcare, education, and civil rights. It also established the House of Commons as well as a Senate, creating Canada’s court structure. Next, in 1982, The Constitution Act was amended. This allowed Canada independence from Britain, no longer needing its approval when making changes to the constitution. It also introduced the Charter of Rights and Freedom, which ensures that governments and laws respect every individual and treat them with fundamental rights, respect, and equality.
2. Statutory Law: These are formally written laws (such as taxes, parking, etc.) that are passed by the government. There is something called “subordinate legislation” which are rules/regulations made by individuals such as government agents from these laws. For example, a health law (statute) may give a health agency the power to create safety rules (regulations) about food safety in restaurants.

3.Common Law: These are laws created through a judge by decision in court by precedents (past cases). Judge looks at past cases to determine new similar ones. This helps fill in the gaps where no written laws exist.

4. Civil Code: These are laws governing private matters within Quebec, most of Europe as well as South America. The Quebec Civil Code are laws that solely apply only to the province of Quebec. They govern private matter such as family law, contracts, and property, unlike common law which is used in the rest of Canada
5. International Law: These are rules and agreements made between countries about things such as trade, environment, and human rights that help settle disputes on a global level. They often do not affect people day to day, but rather the governments. Example: UN (United Nations) creates international rules
6. Uniform Commercial Code: These are a set of standard rules regarding business transactions (sales, loans, etc.) in the USA
7. Customs: New issues to which no lawmaker has formulated a response for. Absence of formal legal regulation.If no specific law exists for a situation, courts may consider how things are normally done by reasonable people to decide course of action.