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
Canadian Law
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
French
1774 Quebec Act was passed
Public Law
Contract Law
2nd type of contract
Oral and Written Contracts
Implied Contracts
1st type of contract
