Sources of the Law

Question 1

Four sources of the law:

Answer 1

1. Legislation (law makers)
2. Jurisprudence (court case judgements or case law)
3. Doctrine (published works of legal experts)
4. Custom and usage

Question 2

1. Legislation
   - Definition
   - 1867: (now known)
   - Each gov
   - New laws called
   - What these new laws do

Answer 2

• Legislation: the act or process of law-making; the laws themselves
• 1867: The British North American Act (BNA) divided legislature authority in Canada between Fed + Provincial gov.
• BNA=Constitutional Act 1982
• Each gov. became respons. for certain areas (outlined by sections 91 and 92) of Con Act. 1867.
• Each year, Ott + QB pass new laws called acts or statutes
• New laws amend, modify or change radically the existing laws.

Question 3

In Quebec the adoptions of laws are as follows:

Answer 3

1. A bill or proposed law is tabled or presented by the National Assemblee du Quebec (not law yet)
   2.Bill given 3 reading (debated 3 times by memb of leg)
   before it is voted upon
2. If necessary bill may be referred to a committee for further study before adoption on 3rd reading
3. After debated, bill goes to Lieutenant Gov for signature= makes doc official

Question 4

1. Federal Parliament laws are adopted
2. How many ppl in Canada’s senate
3. When may a law also come into force
4. Some laws only come into effect by

Answer 4

1. same process of adoption as provincial; Except that the bill has to be also passed by both houses of parliament The Senate and the House of Commons
2. Canada’s Senate: 105 pp
3. When it is passed by leg
4. Proclamation (law passed by order by the legislature) or the Quebec Lieutenant- Gov in council or the federal Governor-General in council (usually administrative rules that don’t need debating)

Question 5

2. Jurisprudence
   - Def (2 -)
   - Principle of repeating + following previous decisions:
   - Judges in QBC (Civil Cases)

Answer 5

• Previous court case judgement, precedent, aka case law
• Common law has built a lengthy series of these judgement until a well defined principle was established
• This principle of repeating and following previous decisions is called stare decisis (let the decision stand)
• Are not necessarily bound to follow previous court-case rulings but they may use them for reference

Question 6

3. Doctrine
   - Def
   - What is a jurist
   - legal writings

Answer 6

Legal writings of jurists

• Jurists are ppl who may be judges, lawyers, or professors who are knowledgeable in the area of the law and who have written books or articles in legal journals
• Jurists are well informed people who have extensive knowledge in a particular field that deals w the law
• Legal writings are about various topics regarding specific laws of a province or a nation

Question 7

4.Custom and Usage

Answer 7

• When applicable, the courts may permit as evidence the common practice or custom of a certain locality or trade
  ex: landlord or tenant who customarily removes the snow
  ex: QBC the practice of married women using their husbands’ name or keeping their maiden name

Question 8

• Before any piece of proposed leg reaches:
  1. A bill
  2. Act or Statute
  3. Royal Commission
  4. Public Service

Answer 8

• Parliament or provincial legislature, a lot of time,money and effort are spend on researching it
  1. A proposes legislation
  2. When a bill becomes a law
  3. A group appointed by the fed gov to discover views of citizens across the country on v imp issues. (drugs..)
  4. Comprised of people who work for gov. They research bills before they are passed to ensure they reflect the wishes of society and provide the best laws for the nation (Immigration Can, Rev. Can, Empl + Imm Can)

Question 9

5. Green Paper
6. White Paper
7. Law Reform Commission

Answer 9

5. Provides info about a proposed leg. Informs pub about the views of gov on particular topics. Is circulated so ppl may react + have input in the law making process.
6. Specifies the type of legislation that will be introduced into parliament after all the reactions have been considered (did all the research)
7. Appointed by gov on a full time basis to look into areas of the law and suggest change to update laws to meet present needs of society. Results are brought before the public and legislators for discussion. (ex: Criminal Code)

Question 10

8. Bar Association

9. Lobbyist

Answer 10

8. Lawyers who have formed professional associations both at the fed + prov level.
   a. Administer exams, b.Supply a license to practice law
   c. Revoke a license d. Make suggestions to both levels of gov regarding the state of the law and possible amendments
9. Person hired by a group or org to put its views before members of parliament to influence decisions. Use discussion and written briefs to persuade the public servants and minister of the department responsible for drafting the bill. If they don’t succeed, they try to persuade the opposition parties to support their position.
   - -Big business today and affect major issues
   - -(Abortion, capital punishment, taxation, civil rights)

Question 11

Bill is generally introduced in a parliament in one of 3 ways:

• Cab mem
• priv mem
• bylaw
• delegate

Answer 11

1. Cabinet member may introduce it into House of Commons
2. Private member may do the same
3. Senator may introduce it to the Senate
   - Cabinet member: works at house of commons
   - Private member: Represents a company or department who presents a new idea which may become a law.
   - Bylaw: local laws in municipality
   - Delegate: pass onto other ppl

Question 12

Passage of a bill in a parliament (11)

Answer 12

• First method is usual (cabinet member)
• 3 readings are required for a bill to become a law
• First reading introduces bill + general purpose
• Second reading takes form of a debate on the principles of the bill
• Bill is sent to a committee for examination
• Bill is reported back to the House for 3rd reading
• Third reading and voting takes place
• Bill passes through the House, forwarded to Senate
• Similar 3 readings takes place there and bill is sent to Governor General (debate for the whole country)
• GG signature gives Royal Assent to bill, which becomes law
• Must have a proclamation date, date which law comes into effect

Question 13

The passage of provincial legsialtion

Answer 13

• passage of a provincial bill is the same as fed but 3 less steps
• Prov gov dont have a Senate
• Once bill passes 3 readings in prov legislative assembly, goes to the Lieutenant Gov for their signature

Question 14

-Municipality laws

Answer 14

• The passage of municipal by-laws varies from municipality
• by-laws are enacted by elected municipal courts
• prov gov formed regional municipalities, responsible for providing certain services (garbage, water)

Question 15

• 1. Regulations for statutes:
     
     2. Administrative law making:
• The decisions these bodies take the form…
• Quantity of administrative law

Answer 15

1. Each statute specifies the general intent of the law, regulations spell out the details + rules for the law. Often lengthy + important than the statute itself. Accessible to public (gazette)
   2: parliament and prov legislatures delegate the right to make decisions in particular areas to various bodies. Some groups have the power under administrative law include Canada Post, Unemployment Insurance Commission…

• form precedents and in some circumstances they cant be appealed to the courts unless a body has gone beyond its powers in making a decision
• Quantity of administrative laws continue to increase every year. Area of law that most citizens will come into contact during lifetime