Explorers and colonists brought these systems to Canada in the 17th and 18th centuries
Legal Principles
Impartiality
Pros
No Biases
Random Jury
Judge cannot be bias
Cons
N/A
Rule of Law
Pros
promotes social development by strengthening the voices of individuals and communities
Cons
N/A
Equality
Pros
Everyone is Equal no matter Skin Colour, Gender, Race, or Sexual preference.
Cons
N/A
Presumtion of Innocent
Pros
Safeguard the fundamental liberty and human dignity of every person.
Cons
Seminar Topics
Canada is trying to help people with legal aid and pro bono services online so you can have accesbility anywhere
Bilateral
A contract in which both parties exchange promises to perform.
Pros
Customizable Terms
Cons
Limited perspective
Reliance on counterpart
Unilateral
contracts only involve one person making a promise or agreeing to a specific thing
Pros
Relatively simple to create and does not require the mutual agreement of two parties.
Cons
They may not be legally binding, depending on the jurisdiction, and they may be more difficult to enforce than bilateral contracts.
Employment Law
Employment law is the laws, rules and regulations that govern the relationship between employers and employees in the workplace.
Types of Employment law
Family Law
Tort
Private
Legal Systems
Common
Civil
Human Rights
Pros
Cons
N/A
Corrections
Policing
Affordability and Accesability
N/A
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.
legally-binding obligation that derives from actions, conduct, or circumstances of one or more parties in an agreement.
Pros
Ease of Formation
Cons
Uncertainty
Lack of Explicit terms
Pros
Evidence
Clarity and Speficity
Enforceability
Cons
Formality (Written contracts require more time, effort, and potentially legal assistance to draft and review)
Delay
Confidentiality
Flexibility
Difficulty of proof
Common Law
CCRF
Criminal Law
All of Canada uses this
Used By Quebec
Used in every province except Quebec
Cons
Pros
Cons
Pros
"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
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.
Pros
Cons
Compensation for the victim
Deterrent for potential wrongdoers by holding them accountable for their actions.
Consumer protection
Increased litigation costs
Could be inconsistent in the actual cost of the damages.
Hiring
Termination
Compensation
Workplace regulations
Human Rights
Workplace safety, health, and standards.
Laws governing wages, overtime pay, minimum wage, and vacation pay.
An employee's departure from a job and the laws behind it.
Pros
Increased cost for consumer
Cons
Pros
N/A
Cannot be fired for skin colour, race, or sexual preferences.
Cons
Pros
The laws behind the recruitment, selection, and hiring process.
Prevents Discrimination
Worker Protection
Anti Discrimination measures
Ex convicts may not be hired due to past history, even if they have received re-habilitation.
Bilateral type contract
Constructive dismissal
Temperary layoff
Written termination
Written Termination with pay
Safe workplace enviroment
Worker Protection
Cons
Vacation time and pay
Protects workers from low salaries with minimum wage
Benefits
Overtime Pay
Lack of Coverage for some workers
Common Law Pros and Cons
Pros
Cons
Flexible and good adaptability to societal changes.
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.
Common Law
Balances individuals rights
Guides Judges through court sessions
Fast and simple
Grounds for divorce
Cruelty
Adultery
A minimum of year seperation
Divorce
Dividing family property
Provincial and Territorial
Statues
Division of property after divorce
Recognizes marriage as an economic partnership so everything is equal
Pros and Cons
Pros
Cons
Protects all members of a domestic relationship even when it has ended
Child Welfare
Resolution of Family disputes
Adoption and Surrogacy
Facilitates legal processes for adoption. establishes safeguards to ensure the legality and ethical considerations of adoption
Emotional Stress
Lengthy Legal proceedings
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.
Actus Reus and Mens Rea
Judge and Jury trial
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.
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.
Pros and Cons
Actus Reus
Mens Rea
Pros
Cons
Pros
Cons
A precise and impartial test to determine criminal liability
It is simpler to determine whether or not a crime has been committed.
Requires a causal link between the defendant's actions and the prohibited outcome
Ignoring Intent or Mental State (Needs Mens Rea)
Recognizes that individuals should only be held responsible for their actions if they possess the necessary mental state required for a particular crime
Makes certain that individuals are not penalised for unintended or unintentional actions.
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.
Difficult to Determine a person's mental state at the time of a crime can be challenging.
Defendants may try to game the system by asserting a lack of purpose or impaired mental capacity to escape the charges.
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.
Pros and Cons
Pros
Cons
Judge
Jury
Pros and Cons
Pros
Cons
Judges are legal professionals with extensive knowledge and experience in the law.
Judge trials tend to be more time-efficient than jury trials
Judge trials may lack different perspectives and experiences that could be provided by a jury.
Although judges are supposed to be impartial there could be an instance of impartiality
Community representation
Lack of expertise
More Perspectives
Decision making could be faulty with
Personal Beliefs
Biases
Emotions
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
Pros and Cons
Cons
Pros
Court session prices
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.
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.
Legal Representation Prices
Limited Legal Aid and Pro Bono services
Pros and Cons
the actions taken by law enforcement organisations to uphold law and order, stop and identify crimes, and guarantee public safety in a specific area.
Pros
Cons
Police Brutality
Racial Profiling
Lack of accountability
Inadequate Training
Crime Prevention
Emergency response
Justice and investigations
traffic regulation
Specialized Expertise
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.
Pros and Cons
Cons
Pros
Rehabilitation
Justice
Public Safety
Correctional Facilities can suffer from overcrowding
The Correctional system requires high costs
"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
