1 / 8

Sources of Law in Canada

Sources of Law in Canada. Common Law. The Canadian legal system has its foundation in the British common law system Quebec , however, still retains a civil system for issues of private law. Both legal systems are subject to the Constitution of Canada. Statute Law.

boyd
Download Presentation

Sources of Law in Canada

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Sources of Law in Canada

  2. Common Law • The Canadian legal system has its foundation in the British common law system • Quebec, however, still retains a civil system for issues of private law. • Both legal systems are subject to the Constitution of Canada.

  3. Statute Law • Statute law is written law set down by a legislature • Statutes may originate with the federal or provincial legislatures or local municipalities. • Statutes of lower jurisdictions are subordinate to the law of higher. • Each level of government can only write laws within its’ jurisdiction

  4. Federal Government • The national Parliament has power “to make laws for the peace, order and good government of Canada,” • These include criminal law, defence, penitentiaries, employment insurance, banking, currency, marriage, divorce, and postal services

  5. Provincial Government • The provincial parliaments have jurisdiction over: • Police & Provincial Prisons • Hospitals • Municipalities • Licensing • Solemnization of Marriage • Property • Provincial Courts • Natural Resources • Education • Roads & Highways

  6. Municipal Jurisdiction • The most important local governments are municipal government. • The provinces have exclusive jurisdiction over municipal affairs, under the constitution. • The Municipal Act is a consolidated statute governing the extent of powers and duties, internal organization and structure of municipalities in Ontario.

  7. Aboriginal Government • Indian bands can have a range of governmental powers over reserve lands under the federal Indian Act. • Other Aboriginal governments, such as self-governments, exercise governmental powers as a result of specific agreements negotiated with the federal and provincial or territorial governments.

  8. The Consitution Acts of 1867 & 1982 • Canadian constitutional law involves the interpretation and application of the Constitution of Canada by the Courts. • All laws of Canada, both provincial and federal, must conform to the Constitution • A law may be challenged on its validity, applicability, or operability. • Any laws inconsistent with the Constitution have no force or effect.

More Related