Flashcards in Unit 1 Deck (47):
What is law
rules that regulate and enforce behaviour
What is a rule
guidelines in social situations that keep order.
When does a rule become law
Enforced by the gov't
Detailed system of consequences
Why are there laws
To limit the behaviours of citizenss; punishment enforces, protects society, provides society with a system to settle disputes
Functions of Law (5)
Establish Rules of Conduct
Provide a System of Enforcement
Protect Rights + Freedoms
Elements of Citations
200X - year of decision,
NSSC- (Nova Scotis Supreme Court), court ruled
CanLII-Cdn Legal Info Institute
earlier cases lawyers and judges refer to in similar cases
2 basic types of law
Substantive- rules that outline rights/obligations, criminal code.
Procedural - steps involved in protecting your rights, formal procedures police follow to get a search warrant
2 types of substantive law
Public - controls relationship between the gov't and people
Private (civil) - outlines relationship bwtn citizens and other people/organizations
Types of public law
criminal, constitutional, administrative
offences against society. serves punishments
structure of fed/provincial gov't, Charter of Rights and Freedoms (1982)
Relationship btwn the citizens and gov't boards/agencies
Types of Private law
Tort, Family, Contact, Property, Labour/Employment
wrongs person commits against another, sueing for damage
regulates aspects of family life, btwn persons, deals w/separation, divorce.
requirements for legally binding documents
Breach of contract (term)
someone doesnt fulfill their part of the bargain
btwn people and property, use, enjoyment, sale, lease
relationship btwn employees and employers, unions, pay equity, etc
based on precedent: Judge makes a decision, serves as example in subsequent similar cases. Can ignore precedent if they see a need.
Universal Declaration of Human Rights
UN formed to guarantee ppl certain rights/freedoms
Cdn Bill of Rights
Diefenbaker (Progressive Conservative)
movement in 1945. Passed Bill of Rights, however it applied to federal matters, did little for equality, Trudeau promised greater social justice w/Constitution Act
Significance of BNA Act
First constitution passed on July 1, 1867. (ON, QC, NB, NS)
How does a bill get passed?
House of Commons - 2 readings/votes, sent to committee and studied w/ possible changes, a final 3rd reading/vote
Senate - 3 readings + committees
Governor general - signs bill into law
How provincial laws and municipal bylaws are passed
Same but w/out Senate, councils w/ a mayor/reeve vote
What is a constitution
blueprint of how country should be run and what it should be like
When did the constitution get patriated?
1982 through Trudeau. He had to get most of the provinces to agree to the new constitution. Everyone wanted everything in negotiations, their part of the bargain.
Charter of Rights/Freedoms
guaranteed rights to ppl, meant provinces would give up power, so some refused to sign.
Which province did not sign the new Constitution
Quebec, do they can separate w/provincial referendum
reasonable limits clause - rights/freedoms are limited if the limitation can be justified in a free society. Courts usually decide what is "reasonable" (ex. limited freedom of expression if saying hate speech)
section 2 of the Charter? What is it comprised of?
1. Conscience/religion - free to practice religion, cannot be forced. Limits exist like illegal to target groups b/c of color, race, etc + spread hate/ gov't will ban material obscene
2. Thought, belief, opinion, expression - incl. all communication, illegal to target group/spread hate
3. Peaceful Assembly - Right to participate in public demo/protest for social justice, "peaceful"
4. Association - Join together in groups ie. sports, culture org,
Unlawful assembly vs riot
3 or more ppl come together to cause fear
vs. at least 12 ppl unlawfully assembled and disturb peace
Democratic rights - Citizenship rights, esp. the right to vote. entrenched.
- Guarantees Cdns right to enter, remain, or leave country/province
- Guarantees Cdns/PR to live in or work in any province
- Restrictions: province w/low employment rate
Legal Rights - Personal/privacy rights + safeguard procedural rights in criminal justice.
If rights of the accused are violated, the accused can seek a remedy (2 methods: authority from s. 52 of constitution OR seek remedy from s. 24 of charter)
In the legal rights section, what is stated involving arrest, being charged, punishment and self-incrimination?
7 - Right to life, liberty, security
8 - Against the unreasonable search/seizure
9 - Not being arbitrarily detained/imprisoned
10 - informed promptly, a right to consult lawyer/legal aid
11 - Rights at trial: to be told what offence w/ a reasonable time, not denied reasonable bail, trial, and trial. Accused cannot be forced to testify
12 - not subject to cruel and unusual punishment (max. sentence for arson is 14 yrs)
13 - witness can't have evidence used against them except perjury
14 - right to an interpreter
Stay of Proceedings
court order to stop the trial proceeding until a condition is met
s. 15? s. 28?
Equality rights: protecting Race, nation/ethnicity, color, religion, mental/physical disability, age, sex.\
28 - against gender discrimination
mechanism for forcing someone's rights (ie. issuing letters of apology, paying lost wages, or benefits. etc)
Created by Legislation (Parliament makes law), where jurisdiction laws apply, local laws (bylaws)
Significance of Statute of Westminster
gave Canada control over its foreign affairs
Significance of the Constitution Act
In the 20th century, Britain allowed Canada to to make its own constitution.
(1867) Lists Federal, provincial, and territorial government powers. Outlines which gov't has jurisdiction to make laws in some areas.
Section 33, provision in Charter allowing gov't to create certain laws that contradict Charter rights.
- Must be reviewed every 5 years
To which sections does the Notwithstanding clause apply?
Applies only to Fundamental Freedoms (2), Legal (7-14), and equality (15).
Aboriginal Rights - cannot interfere with Aborginial rights, treaty rights, etc.