An Introduction to Law

1
An Introduction to Law

• What is Law?
• What is Canadian Law?
• How do we Categorize Law?

2
What is Law?

• Law is everywhere in our society and around the
  world. We are fascinated by some of its more
  sensationalized divisions but it can be found
  everywhere in our daily lives.
• Law is a set of rules of conduct, established by
  our elected government for all members of society
  to follow.

3
Why Have Laws?

• Whenever you have more than one person
  interacting and functioning as a society, you
  need a set of rules to run that society. You
  need laws by which your actions are governed.

4
Functions of Law

• Establishing Rules of Conduct
• Laws give us rules by which we conduct our lives
• Protecting Rights and Freedoms
• They try to ensure that everyone is treated
  fairly
• Providing Protection
• Laws help protect us from those who might take
  advantage of our naivety

5
What is Canadian Law?

• Like most nations that are products of western
  civilization, Canadas civil and criminal codes
  have roots in the Roman system of law known as
  Justinian Code.
• Emperor Justinian took Roman Laws codified them
  or organized them into a collection for the Roman
  people to follow.
• Canadian Law is an amalgamation of the French an
  British systems of law both of which are loosely
  based on Justinian Code.

6
Beginnings of Canadian Law

• Canadian law is based on a system called case
  law. Case law is based on a series of precedents
  or earlier decisions.
• Case law is rooted in what was called English
  common law a system developed to help harmonize
  decisions made across England.
• The idea of precedents is that if some judge or
  jury made an earlier decision regarding a similar
  case, then the case with which you are dealing
  should receive similar treatment.

7
Beginnings of Canadian Law

• Another integral part of Canadian law is what is
  called the Rule of Law
• Basically the Rule of Law states that law is for
  everyone to follow and nobody can ignore, change,
  or do anything contrary to those laws without due
  process in the courts.

8
Parliament

• The first English parliament was created by a
  group of English noblemen who were upset because
  they were forced to abide by ancient precedents
  that did not quite hold quite as much merit as
  the years passed by.
• Parliament was created to change laws or create
  new laws that more closely resembled the values
  and culture of contemporary society. Statute law
  are acts or rules passed by parliament to govern
  society as it changes.

9
The Dominion of Canada

• On July 1, 1867, British Parliament passed the
  British North America Act (BNA Act) establishing
  Canada as a separate nation under the monarchy,
  but independent of Great Britain.
• The BNA Act allowed Canadian Parliament to make
  its own laws. But the constitution itself would
  remain under the control of British Parliament.
  The Canadian constitution became a dead document
  it did not change as we grew.
• It was not until April 17, 1982 that British
  Parliament relinquished their power to Canadian
  Parliament through the creation of the
  Constitution Act of 1982.

10
Division of Power

• The Constitution Act set out a framework for the
  separation of responsibilities and control over
  certain aspects of law and the government.
• Some aspects were placed under the control of
  federal parliament while others were placed under
  the control of provincial and municipal
  governments.

11
Division of Power

• Federal government powers included
• Peace, order and good government
• Criminal law
• Employment Insurance
• Banking, currency, and coinage
• Federal penitentiaries
• Marriage and divorce
• Postal services
• First nations and their lands

12
Division of Power

• Provincial government powers included
• Property and civil rights
• Marriage ceremonies
• Police forces and provincial courts
• Highways and roads
• Provincial jails
• Hospitals

13
The Legislative Process

• Included in your hand out is a graphic organizer
  of how a Bill is passed in parliament.

14
Homework

• Complete any activities up until now that you
  have not already completed.
• Complete Activity 3 Read sections 1.6 and 1.7 in
  your text and complete RYR questions 1-4,7 on p.
  20 and 1-3 on p.21
• Complete Activity 4The Divisions of Canadian Law
  Flow Chart