作者：Aun Hassnain 2 月以前
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If the voters don't agree with the law they can vote the government out.
Parliament can make any laws that go against your section 2,7-15 rights.
Prostitutes argued that a statute law infringed their Charter rights. This section allows them to fight the law in court.
amelioration: the act of making something better; improvement
The government can make unequal laws, as long as they help a disadvantaged group
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.
The courts/police cant use anything you said while testifying against you in another trail.
If found guilty and the punishment has changed between the offence and sentencing, the lesser punishment applies.
*Not including appeals) If you have been convicted or tried for a crime then you can’t be tried again.
habeas corpus: “To have the body” you have control over your body = no arbitrary arrest
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.
Everyone has the right to life, liberty, and security, and cannot be deprived of them except by fundamental justice.
(c) Protest (d) Join any group e.g Hell's Angels
The government is allowed to limit your rights by making laws.
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.
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.
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.
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.
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
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.
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.
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.
Members vote and debate on bills, if a bill passes it gets sent to senate.
338 Members known as members of parliament
A proposed law introduced by a government minister. They typically have a higher chance of becoming law as they often address important national issues.
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)
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.
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.
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.
Figuring out and interpreting laws.
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.
In charge of organizing policy for the government and deciding what new laws they can make.
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.
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.
the government is within its powers when doing something
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.
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.
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.
The supreme law of that outlines the structure of government, the powers of different branches, and the rights of citizens.
Offered three times per year Two exams 7 hours Covers a variety of legal topics
Law Practice Program
4 month training 4 month work experience
Or
Article (“articling”)
Work under licensed lawyer for 10 months. Can “Clerk” - work under judge researching legal questions.
$33,000 Members of local First Nations received reduced tuition rates (Not including extras. e.g Books,Laptop, etc)
Substantive Law Courses: Constitutional law Contracts Criminal law Legal Process Property Torts
LSTAT result (Good for 5 years)
Employement
Contract
Wills and Estate
Family
Property
Tort
Criminal
ADministrative
Consittuonal
Compurgation
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.
Oath-Helping: Defendants could prove innocence by swearing an oath supported by a required number of witnesses, usually twelve.
Ordeals
Water: In witch-hunt trials, sinking indicated innocence while floating suggested guilt; a rope was used to pull the accused out if necessary.
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.
Combat: Disputing parties or their champions fought, with the loser deemed guilty.
Dispute: argue about (something); discuss heatedly.
Divine Judgment
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.)
Religious Context: People in medieval Europe believed God protected them from harm.
Application in Legal Systems
Common law operates alongside statutory laws and executive regulations, maintaining balance 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.
Principles
Judges resolve new legal issues when no precedent exists or laws are unclear.
Precedent ensures consistency by using previous court decisions to guide rulings in similar cases.
Trade and Movement
Safe Passage: Citizens can travel freely, preserving allegiance unless in wartime.
Merchant Protection: Merchants have the right to trade without unjust demands.
Governance and Taxation
Council Summoning: Archbishops, bishops, and nobles must be summoned for governance matters.
Tax with Consent: Taxes for military purposes require the common council's approval.
Rights and Liberties
Access to Justice: No denial or delay of justice for anyone.
Freemen's Rights: Protection against unjust seizure, imprisonment, or dispossession.
Church Freedom: The English Church maintains its rights and liberties.
Subtopic
Reputation
Concerned of the reputation of people and not just objects.
Restitution
Use of punishment to make the offender pay back their crimes.
Fraud
Economic Crimes
Retrinbution
Use of punishment e.g Jail, Beating, Execution.
Eye for an eye
- 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)
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
- Latin for "To Bind" - Restraints on citizens that reflect our community values
