Statute Law in Canada

1. Law 12 Mr. Laberee Statute Law in Canada

2. Once upon a time…. Well, 1215 CE to be exact King John signed the Magna Carta. His signature forced himself and everyone who followed him to OBEY the law. I hate you Unfortunately fights between his successors & the Barons cont… The Barons revolted against King Henry III and forced him to reform the law allowing Parlements or Parliaments You suck England mine! Parliaments role was to help the King make laws

3. The laws passed by are called statutes. All the laws passed by together make up Statute Law  How does it differ from Common Law you ask? Common Law can not address every legal situation. Statutes fill in the gaps and set the parameters in which Common Law can develop What does this have to do with Statute Law you ask?

4. Two main ways they differ: Common Law is a collection of court decisions that over time create precedent. Statute Law is law created by the government. Typically, statutes command or prohibit something, or declare policy. I still don’t see the dif between common law and Statute Law…

5. Law set down by a Parliament (Ottawa or Victoria) Currently, the most important source of Canadian law May create entirely new laws or over-rule, modify, or repeal existing laws. Often referred to as “Acts of Parliament” What is Canadian Statute Law?

6. The process to change existing statues is the same as to create new ones • Any proposed bill that passes replaces any that came before, if they conflict • In other words, the newest version of a law prevails • Laws passed by parliament can only be overridden by parliament, and laws created by provincial legislatures can only be overridden by that same legislature creating and changing Statute Law

7. First reading: a bill is proposed by a member of parliament (MP) to the House of Commons and the first vote is taken • Most bills come forward from the cabinet and are called “government bills” • Bills that don’t come from the cabinet are called “private members’ bills” – very few of these pass! • If the bill has enough support to pass first reading, it moves onto… Process for making statute Law

8. Second reading: the bill is introduced again, debated upon, and then a second vote is taken • The first reading indicates that, in principle, the MPs think the proposed law is a good idea • Second reading is where they get into debating the substance of the bill: details, wording, costs, etc. • During second reading, many bills are referred to… • Committee stage: a committee of MPs is formed; the bill is studied, research is conducted, experts are consulted, and amendments are made to the bill

9. When the committee has finished, or, if the bill passed second reading without being sent to committee, it moves onto… • Third reading: the bill is briefly debated and third vote is taken • This is “final approval” from Members of Parliament • If the vote is successful, the bill is sent to the Senate, where the whole process is repeated • Bills can also start in the Senate and then go to the House of Commons , but this is very rare

10. Finally, the Governor General (GG) signs the bill into law once it has passed in the House and Senate • In provincial legislatures, the process is the same, but there is no senate at that level, so the bill only needs to pass through the legislature • The provincial equivalent of the Governor General is the Lieutenant Governor (LG) • Once the GG or LG signs a bill, it becomes law