Canadian Law

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Strong Individual rights of people in Qeubec

Changes when Switching provinces

Individual and Collective rights

Constitutional Supremacy

Protection of Fundamental Rights

"The Canadian Charter of Rights and Freedoms protects a number of rights and freedoms, including freedom of expression and the right to equality. It forms part of our Constitution – the highest law in all of Canada – and is one of our country’s greatest accomplishments." - Goverment of Canada

The Correctional system requires high costs

Correctional Facilities can suffer from overcrowding

Public Safety

Justice

Rehabilitation

Organisations, initiatives, and methods used to punish, oversee, and rehabilitate people who have been found guilty of crimes. The correctional system's main objectives are to protect the public, assist convicts in reintegrating into society, and enforce just punishments for criminal activity.

Specialized Expertise

traffic regulation

Justice and investigations

Emergency response

Crime Prevention

Inadequate Training

Lack of accountability

Racial Profiling

Police Brutality

the actions taken by law enforcement organisations to uphold law and order, stop and identify crimes, and guarantee public safety in a specific area.

Limited Legal Aid and Pro Bono services

Legal Representation Prices

Studies have shown that certain marginalized communities, such as Indigenous peoples and Black Canadians, are overrepresented in the criminal justice system and are more likely to be denied bail or given more restrictive bail conditions than other groups.

A significant barrier that is faced by marginalized communities is the cost of legal services. Many individuals in these communities cannot afford to pay a lawyer or court fees.

Court session prices

Affordability refers to the cost of legal services and the ability to access them. Accessibility refers to the ability of individuals to access the legal system and its resources in order to seek justice

Emotions

Decision making could be faulty with

Biases

Personal Beliefs

More Perspectives

Lack of expertise

Community representation

Although judges are supposed to be impartial there could be an instance of impartiality

Judge trials may lack different perspectives and experiences that could be provided by a jury.

Judge trials tend to be more time-efficient than jury trials

Judges are legal professionals with extensive knowledge and experience in the law.

Jury

Judge

Andrea Yates, a Texas woman, was charged with the murder of her five children in 2001. Her defense argued that she suffered from severe postpartum depression and psychosis, which impaired her judgment and rendered her unable to understand the wrongfulness of her actions. The defense claimed diminished mental capacity as a result of her mental illness. Yates was initially convicted of murder but later found not guilty by reason of insanity in a retrial.

Defendants may try to game the system by asserting a lack of purpose or impaired mental capacity to escape the charges.

Difficult to Determine a person's mental state at the time of a crime can be challenging.

Allows for the differentiationof offences according to the degree of intent. In general, crimes done with greater levels of knowledge or intent are viewed as being more serious than those committed with less knowledge or intent.

Makes certain that individuals are not penalised for unintended or unintentional actions.

Recognizes that individuals should only be held responsible for their actions if they possess the necessary mental state required for a particular crime

Ignoring Intent or Mental State (Needs Mens Rea)

Requires a causal link between the defendant's actions and the prohibited outcome

It is simpler to determine whether or not a crime has been committed.

A precise and impartial test to determine criminal liability

Mens Rea

Actus Reus

Trials by judge and jury are two different kinds of judicial processes. In a judge-only trial, the judge makes his or her decision after considering the facts and the law. In a jury trial, a group of fair witnesses hears the evidence and collectively renders a verdict. The case and the judicial system will determine whether a judge or jury will try the matter.

Mens rea refers to the mental state or intention that accompanied the act, whereas actus reus refers to the physical act or conduct that is illegal under the law. Mens rea refers to the mental element and can range from intentional and premeditated activities to careless or reckless behavior. Actus reus refers to the voluntary and intentional action or omission that breaches the law. A person must have both actus reus and men's rea in order to be found guilty of a crime, ensuring that criminal culpability is only imposed when there is both a criminal act and a criminal thought. However, depending on the jurisdiction and the offense in question, the precise elements of actus reus and men's rea may change.

Judge and Jury trial

Actus Reus and Mens Rea

Criminal law is a subset of the law that deals with crimes committed against members of the public, society, or the state and sets out the penalties that must be paid for them. It includes a broad range of values, guidelines, and laws that direct how people behave in a community with the intention of preserving social order and defending the general population.

Lengthy Legal proceedings

Emotional Stress

Facilitates legal processes for adoption. establishes safeguards to ensure the legality and ethical considerations of adoption

Adoption and Surrogacy

Resolution of Family disputes

Child Welfare

Protects all members of a domestic relationship even when it has ended

Pros and Cons

Recognizes marriage as an economic partnership so everything is equal

Division of property after divorce

Statues

Provincial and Territorial

Dividing family property

Divorce

A minimum of year seperation

Adultery

Cruelty

Grounds for divorce

Fast and simple

Guides Judges through court sessions

Balances individuals rights

common law, is based on judicial rulings and precedents. It makes current cases consistent and predictable by using prior court decisions as a guide. Judges are crucial in interpreting the law and applying legal precepts to particular circumstances.Individual rights and the public interest are balanced as it gradually changes and adapts to societal changes. It offers flexibility and is renowned for developing gradually.

Flexible and good adaptability to societal changes.

Common Law Pros and Cons

Lack of Coverage for some workers

Overtime Pay

Benefits

Protects workers from low salaries with minimum wage

Vacation time and pay

Safe workplace enviroment

Written Termination with pay

Written termination

Temperary layoff

Constructive dismissal

Bilateral type contract

Ex convicts may not be hired due to past history, even if they have received re-habilitation.

Anti Discrimination measures

Worker Protection

Prevents Discrimination

The laws behind the recruitment, selection, and hiring process.

Cannot be fired for skin colour, race, or sexual preferences.

Increased cost for consumer

An employee's departure from a job and the laws behind it.

Laws governing wages, overtime pay, minimum wage, and vacation pay.

Workplace safety, health, and standards.

Workplace regulations

Compensation

Termination

Hiring

Could be inconsistent in the actual cost of the damages.

Increased litigation costs

Consumer protection

Deterrent for potential wrongdoers by holding them accountable for their actions.

Compensation for the victim

Serves as a mean to address civil wrongs and give compensation for people who have suffered harm or injury due to the actions of others.

"Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more." - United Nations

Used in every province except Quebec

Used By Quebec

All of Canada uses this

Criminal Law

CCRF

Common Law

Difficulty of proof

Flexibility

Confidentiality

Delay

Formality (Written contracts require more time, effort, and potentially legal assistance to draft and review)

Enforceability

Clarity and Speficity

Evidence

Lack of Explicit terms

Uncertainty

Ease of Formation

legally-binding obligation that derives from actions, conduct, or circumstances of one or more parties in an agreement.

The terms of which have been agreed by spoken communication. This is in contrast to a written contract, where the contract is a written document.

Affordability and Accesability

Policing

Corrections

Private

Human Rights

Legal Systems

Civil

Common

Tort

Family Law

Employment Law

Types of Employment law

Employment law is the laws, rules and regulations that govern the relationship between employers and employees in the workplace.

Unilateral

contracts only involve one person making a promise or agreeing to a specific thing

They may not be legally binding, depending on the jurisdiction, and they may be more difficult to enforce than bilateral contracts.

Relatively simple to create and does not require the mutual agreement of two parties.

Bilateral

A contract in which both parties exchange promises to perform.

Reliance on counterpart

Limited perspective

Customizable Terms

Canada is trying to help people with legal aid and pro bono services online so you can have accesbility anywhere

Seminar Topics

Legal Principles

Presumtion of Innocent

Safeguard the fundamental liberty and human dignity of every person.

Equality

Everyone is Equal no matter Skin Colour, Gender, Race, or Sexual preference.

Rule of Law

promotes social development by strengthening the voices of individuals and communities

Impartiality

Cons

N/A

Pros

No Biases

Judge cannot be bias

Random Jury

Heritage

English

Explorers and colonists brought these systems to Canada in the 17th and 18th centuries