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BASIS of Law in Canada

BASIS of Law in Canada. SCO: 1.3.1 - Modern influences. Laws in Canada are created and influenced by 3 different methods or sources. Statute Law Common Law Constitutional Law. 1. Statute Law. Laws that are introduced by elected bodies and members of government.

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BASIS of Law in Canada

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  1. BASIS of Lawin Canada SCO: 1.3.1 - Modern influences

  2. Laws in Canada are created and influenced by 3 different methods or sources. • Statute Law • Common Law • Constitutional Law

  3. 1. Statute Law • Laws that are introduced by elected bodies and members of government. • Federal (Canada) House of Commons (MP) or Senate • Provincial (NL) House of Assembly (MHA) • Municipal (towns & Cities). Mayor & council

  4. 1. Statute Law • When first introduced called a BILL (Prov/Fed.) • After passed called an ACT. (Prov/Fed.) • Municipal laws are called BYLAWS • Formal procedure to be followed in order to introduce, pass or change a law • Different levels of government have JURISDICTION over different types of laws.

  5. JURISDICTION Who has AUTHORITY over MAKING, CHANGING and ENFORCING… Speed limits Extradition Noise Parking meters Drinking Age Driving age Voting Age Parking Municipal Another municipal?? Criminal Federal Another Federal??? Schools Provincial Another Provincial??

  6. 2. Common Law • Historically, laws common to all, applicable to all. • Today, based on judge-made decisions or case law. • When judges make a decision, those decisions become the law and guide for future decisions • Rule of precedent, stare decisis • Similar cases/circumstances → similar decisions • Different circumstances → new decisions = new laws = new precedent set! • Used by lawyers and judges to argue or establish decisions and punishments

  7. 3. Constitutional Law • The SUPREME document that guides law makers in what laws they can or can not make. • Limits the powers of: • Government • Law making • Administration • Enforcement of law. • Divides the responsibility of powers amongst government levels. (jurisdiction!!) • THEY must abide by them!! • Otherwise unconstitutional, needs to be changed or eliminated (quashed!) • Ex. Double Jeopardy.

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