Unit 1: Legal Heritage

Topic 1: Citations

Cases that have two last names in them are Civil - one person suing another person. So, what does the R represent? R repersents Regina (Latin for Queen)

Topic 2: Historical Roots

Legal Concepts

Law

- Latin for "To Bind"
- Restraints on citizens that reflect our community values

Purpose

Hobbes: lives of humans are poor, nasty, brutish, and short; thus, need to control humans

Locke: law is there to protect the rights of individuals

How Just?

- Treat like cases alike and different cases differently
- Doesn't discriminate (Sex, race, religon)
- Law should be impartial (Everyone's equal)
- Conforms to society's values and beliefs (Law can change)

Various Roots

Code of Hammurabi

Retrinbution

Eye for an eye

Use of punishment e.g Jail, Beating, Execution.

Fraud

Economic Crimes

Solic Code

Restitution

Use of punishment to make the offender
pay back their crimes.

Reputation

Concerned of the reputation of people
and not just objects.

Mosaic Code

Subtopic

Magna Carta

Rights and Liberties

Church Freedom: The English Church maintains its rights and liberties.

Freemen's Rights: Protection against unjust seizure, imprisonment, or dispossession.

Access to Justice: No denial or delay of justice for anyone.

Governance and Taxation

Tax with Consent: Taxes for military purposes require the common council's approval.

Council Summoning: Archbishops, bishops, and nobles must be summoned for governance matters.

Trade and Movement

Merchant Protection: Merchants have the right to trade without unjust demands.

Safe Passage: Citizens can travel freely, preserving allegiance unless in wartime.

Common Law

Principles

Precedent ensures consistency by using previous court decisions to guide rulings in similar cases.

Judges resolve new legal issues when no precedent exists or laws are unclear.

Application in Legal Systems

Judges play a key role in shaping law
through interpretation and reasoning.

Precedent: an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Common law operates alongside statutory laws
and executive regulations, maintaining balance
in legal systems

Trials by Ordeal

Divine Judgment

Religious Context: People in medieval Europe believed God protected them from harm.

Trials by God: Judges sometimes ordered new trials to be "decided" by divine intervention.

(Divine intervention means that a higher power, like God, actively influences events in the world. It often refers to moments of crisis where people believe that God can provide guidance, protection, or miraculous outcomes, especially in situations like legal disputes.)

Ordeals

Combat: Disputing parties or their champions fought, with the loser deemed guilty.

Dispute: argue about (something); discuss heatedly.

Fire: Accused individuals walked over hot ploughshares or held red-hot iron; innocence was determined by lack of injury or healing after examination.

Ploughshare: A ploughshare is a sharp metal piece on a plow, which is a tool that helps farmers prepare the ground for planting seeds.

Water: In witch-hunt trials, sinking indicated innocence while floating suggested guilt; a rope was used to pull the accused out if necessary.

Compurgation

Oath-Helping: Defendants could prove innocence by swearing an oath supported by a required number of witnesses, usually twelve.

Character Reference: This method served as a credibility check, with neighbors vouching for the defendant's character, reflecting the era's reliance on personal oaths over written records.

Topic 3; Sources and catergories of Law

Sources

Constituonal

Statute

Common

Catergories

Public

Consittuonal

ADministrative

Criminal

Private

Tort

Property

Family

Wills and Estate

Contract

Employement

Topic 4: Legal Profession

Admissions

3 Year full time program (Fall and Winter)

LSTAT result (Good for 5 years)

Program Requirments

Substantive Law Courses:
Constitutional law
Contracts
Criminal law
Legal Process
Property
Torts

Fees

$33,000
Members of local First Nations received reduced tuition rates
(Not including extras. e.g Books,Laptop, etc)

Lawer Licensing Program

Article (“articling”)

Work under licensed lawyer for 10 months. Can “Clerk” - work under judge researching legal questions.

Law Practice Program

4 month training
4 month work experience

The BAR exam

Offered three times per year

Two exams

7 hours

Covers a variety of legal topics

Topic 5: Goverment

Linguistics

Constitution

The supreme law of that outlines the structure of government, the powers of different branches, and the rights of citizens.

Rediual Powers

The authority to make laws on issues not explicitly mentioned in the Constitution. These powers are primarily held by the federal government, allowing it to address matters that arise after the Constitution was enacted.

Shared Powers

Responsibilities and authorities divided between federal and provincial governments. Both levels of government can make laws and govern in areas such as education, health care, and transportation, allowing for collaboration and coordination on various issues.

Federal system (federalism)

a form of government where power is divided between a central authority and regional governments. This allows for multiple levels of governance, with each level having its own responsibilities and powers, enabling local governments to address specific needs while still being part of a larger national framework.

Intro Vires

the government is within its powers when doing something

Ultra Vires

Actions taken by a government body or organization that go beyond what they are allowed to do according to the law, e.g If city council made a rule they don't have legal power to make.

Conditional Transfers

Payments made by one level of government to another, with specific conditions that must be met to receive the funds. These conditions often relate to policy areas like education, health care, or social services.

Branches of Goverment

Executive

In charge of organizing policy for the government
and deciding what new laws they can make.

Legislative

The process of making, amending, or repealing laws. It involves Parliament or provincial assemblies where certain people debate and vote on proposed laws to run a society.

Judical

Figuring out and
interpreting laws.

Levels of Goverment

Federal

Looks over national affairs by creating laws, managing defence, and handling foreign relations, and administers social programs like healthcare and education alongside provincial or state governments.

Provincial

Manages local affairs within a specific region or province. Provincial governments have their own responsibilities, such as education, healthcare, transportation, and other services, and they can create laws that apply within their jurisdiction.

Municipal

Manage services and affairs within cities, towns, or other communities. Municipal governments are responsible for areas such as public transportation, waste management, local law enforcement, and creating laws and policies that directly affect the daily lives of residents.

How a Bill Becomes a Law

Private Member's Bill

A proposed law introduced by a MP who is not a government minister. These bills allow MPs to raise issues, but they often have a lower chance of becoming law.

Members of Parliament (MP)

Government/Public Bill

A proposed law introduced by a government minister. They typically have a higher chance of becoming law as they often address important national issues.

House of Commons

338 Members known as
members of parliament

Members vote and debate on bills,
if a bill passes it gets sent to
senate.

Senate

The Senate reviews and suggests changes to laws passed by the House of Commons and ensures regional interests are considered in the law-making process.

Roles in Government

Prime Minister

The Prime Minister is the head of the Canadian government and is responsible for leading the country. They are the leader of the political party that has the most seats in the House of Commons. The Prime Minister makes decisions on national policies, represents Canada internationally, and works with the Cabinet to implement laws and manage government operations.

Governor General

The Governor General of Canada represents the King and has important duties like attending events, approving laws, calling and dissolving Parliament, and working with the Prime Minister and Cabinet.

Lieutenant Govenor

The Lieutenant Governor represents the Queen in each Canadian province. They give Royal Assent to provincial laws, open and close legislative sessions, and attend official events. They also present awards and recognize local achievements.

Royal Assent: The stage that a bill must pass before officially becoming an act of Parliament

Prime Minister's Cabinet

The Prime Minister's Cabinet is a group of senior officials chosen by the Prime Minister, typically heads of various departments like health or education. They make important decisions about running the country, discussing policies, proposing laws, and managing government programs.

Senator

A Senator is a member of the Canadian Senate, which is the upper house of Parliament. Senators are selected to represent different areas of Canada and review laws proposed by the House of Commons. Their role includes suggesting changes to legislation, providing expertise, and ensuring that the interests of various provinces and groups are considered in the law-making process.

Member of Parliament

An elected representative in the House of Commons of Canada. The members represent specific areas, known as ridings, and are responsible for making laws, discussing national issues, and representing the interests of their constituents. They participate in debates, vote on legislation, and hold the government accountable.

King/Queen

The head of state in Canada and represents the monarchy. While their role is mostly ceremonial. The King or Queen has responsibilities like appointing the Governor General and attending official events. However, the day-to-day governance of Canada is carried out by elected officials and the Prime Minister.

Topic 6: The Charter

Section 1, Reasonable Limits

The Charter of Rights and Freedoms guarantees
the rights and freedoms set out in it subject only to
such reasonable limits prescribed by law as can be
demonstrably justified in a free and democratic society

The government is allowed to limit your rights by making laws.

Section 2, Fundamental Freedoms

Everyone has the following fundamental freedoms:

(a) Freedom of conscience and religion.

(b) Freedom of thought, belief, opinion and
expression, including freedom of the press
and other media of communication.

Section 7, Life,Liberty, and the Security of Person

Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Everyone has the right to life, liberty, and security, and cannot be deprived of them except by fundamental justice.

Section 10, Arrest or Detention. (a,b,c)

Everyone has the right on arrest or detention

Everyone has the right, upon arrest or detention, to be promptly told why, to get a lawyer without delay, and to challenge the detention's legality through habeas corpus, with release if it's unlawful.

(a) To be informed of the reasons therfore;

(b) To retain and instruct counsel without delay and to be
informed of that right; and

(c) To have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

habeas corpus: “To have the body”
you have control over your body = no arbitrary arrest

Section 11, Proceedings in Criminal Matters. (a,b,d)

Any person charged with an offence has the right -

(a) To be informed without unreasonable delay of said offence

(b) To be tried within a reasonable time

(d) to be presumed innocent until proven guilty
according to law in a fair and public hearing.

Section 11,Proceedings in Criminal Matters. (h,i)

(h) If finally acquitted of the offence, not to be tried for it again and if found guilty and punished for the offence, not to be tried or punished again.

*Not including appeals) If you have been convicted or tried for a crime then you can’t be tried again.

(i) If found guilty of the offence and if the punishment for the offence has been varied between the time of commission and
the time of sentencing, to the benefit of the lesser punishment.

If found guilty and the punishment has changed between the offence and sentencing, the lesser punishment applies.

Section 13, Self-crimination.

A witness who testifies in any proceedings has the right
not to have any incriminating evidence so given
used to incriminate that witness in any other proceedings,
except in a prosecution for perjury or for the giving of
contradictory evidence.

The courts/police cant use anything you said
while testifying against you in another trail.

Section 15, Equality Rights. (1,2)

(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Everyone is equal under the law and has the right to equal protection and benefits, without discrimination, especially based on race, origin, color, religion, sex, age, or disability.

Affirmative Action Programs

(2) Subsection (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

The government can make unequal laws, as long as they help a disadvantaged group

amelioration:
the act of making something better; improvement

Section 24, Enforcement. (1,2)

(1) Anyone whose rights or freedoms, have been infringed or
denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in circumstances

Prostitutes argued that a statute law infringed
their Charter rights. This section allows them to
fight the law in court.

Section 33, Notwithstanding Cause. (1,3)

(1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature as the case may be, that the Act or a provision shall operate not with standing a provision included in section 2 or 7-15 of this Charter

Parliament can make any laws that go against your
section 2,7-15 rights.

Operation of Exceptance

(2) An act or provision of an Act in respect of which a declaration
made under this section is in effect shall have such operation as it would have but for the provision of this Charter referred to in the declaration.

Five Year limitation

(3) A declaration made under subsection 1 shall cease to have effect five years after it comes into force or on such earlier date as may be specified in the declaration.

If the voters don't agree with the law
they can vote the government out.