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Chapter One

Chapter One. Law: Its Purpose and History. Focus Questions. What is Law ? Why do societies have laws? What are the historical roots of Canadian law ? Who is responsible for law making in Canada ? How are Canadian laws interpreted, applied and enforced ?. Introduction.

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Chapter One

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  1. Chapter One Law: Its Purpose and History

  2. Focus Questions • What is Law ? Why do societies have laws? • What are the historical roots of Canadian law ? • Who is responsible for law making in Canada ? • How are Canadian laws interpreted, applied and enforced ?

  3. Introduction FACT: Three of the four most-watched television shows on the major U.S. television networks are crime or law shows. WHY IS THIS?

  4. What Is Law ?Why Do We Have it ?  Most people have had direct experience with the law   Our world is governed by law   How were you affected by the law today?

  5. Every country has a history and culture that shapes its laws and punishments        What is legal in one country is not necessarily legal in another

  6.        Laws of a society reflect the values and beliefs of the people in that society        Law is dynamic, NOT absolute; it is always changing as values of a society change

  7. WHY SHOULD WE KNOW THE LAW? 1) To be aware of your rights and responsibilities as citizens 2) You are affected by it everyday 3) Canada is a democracy which allows citizens to elect governments

  8. RULES OR LAWS? RULES: of a game or an organization apply only to participants in that game or organization; rules are optional to follow; no clear enforcement of the rules generally LAWS: of a society apply to all members of that society and visitors to that society; laws are mandatory to follow; a formal system of procedures for enforcing laws

  9. If you do not like a rule, what could/would you do? If you do not like a law, what could/would you do?

  10. The Functions of Law: What Laws Do for Us • Settle disputes/disagreements • Resolve disputes/disagreements through discussion or negotiation • Disagreements solved fairly and peacefully

  11. Establishing Rules of Conduct • Laws exist to reduce or eliminate conflicts • Highway Traffic Act

  12. Protecting Rights and Freedoms • Police were established to enforce laws • Courts established to force people to answer for criminal acts • Laws are designed to discourage people from harming one another

  13. Protecting Rights and Freedoms • Law makers and law enforcement agencies are limited by constitutional law • Canadian Charter of Rights and Freedoms ensures that limitations of individual rights are not taken too far

  14. Protecting People • Criminal activity is not the only reason we have laws • Labour laws and contract laws are designed to protect people

  15. Case page 5-6 Did the boys pass a Law? If Jamie and Greg had strangles Kirk, what could they be charged with? What might their defence be ? If the boys were found guilty of murder, and their lawyer pleaded for mercy, if you were the judge what factors would you consider?

  16. The Divisions of Law

  17. Substantive • Substance of law consists of all laws that list rights and obligations of each person in society.

  18. Procedural • Process of law outlines the steps involved in protecting the rights given under the substantive laws

  19. Substantive • Private (Civil) • Family • Contract • Tort • Property • Labour • Public • Criminal • Constitutional • Administrative

  20. Early History of Law

  21. Code of Hammurabi • King of Babylonia (Iraq) • Wrote 300 laws for citizens to understand • “an eye for an eye, a tooth for a tooth”

  22. Moses and Mosaic Law • Moses delivered the “Ten Commandments” • Punishments were also severe

  23. Roman Law • First legal system of early Rome • Basis of law in Europe (not England) • Emphasized “equity” • Justinian Code • “the law should be fair and just, and that all people were equal under law”

  24. French Revolution • Napoleon revised French law after revolution • Napoleonic Code, still used in Quebec

  25. The Development of Canadian Law • Based on systems in England and France • French law codified (written down) • English law not codified and based on court decisions and customs

  26. Feudalism and Common Law • In 1066 William, Duke of Normandy invaded England • Introduced European government called feudalism • The king owned all the land and divided it among his lords and nobles • Basis of modern property laws • Lords acted as judge and jury • Great inequity followed

  27. King appointed judges to travel the land and dispense justice • Judges met to discuss criminal and civil matters, their decisions became “common law” • Introduced to North America by first colonists

  28. Precedent • A “precedent” is something that has been done that can later serve as an example or rule for how other things should be done. • Common is the English legal community • Needed to be written to be remembered • Introduces a degree of certainty into the law • King could overrule judges

  29. Case Law • With the increase in judges and cases decisions needed to be recorded and published • “Common law” is also called “Case Law” • Each case is given a title or “citation”, to make it easy to find

  30. Criminal Citation • R. v. Bates (2000), 35 C.R. (5th) 327 (Ont C.A.) • R. -Regina (Latin for queen or king) society • v. -Versus (Latin for against) • Bates –defendant (accused) • 2000 –year of decision • 35 –volume number • C.R. –name of reporter (criminal reports) • 5th – series • 327 –page number • Ont. C.A. – jurisdiction (Ontario court of Appeal)

  31. Civil Citation • Langille v. McGrath (2000), 233 N.B.R. (2nd) 29 (N.B.Q.B.) • Langille. -plaintiff • v. -Versus (Latin for against) • McGrath –defendant (accused) • 2000 –year of decision • 233 –volume number • N.B.R. –name of reporter (New Brunswick Reports) • 2nd – series • 29 –page number • N.B.Q.B. – jurisdiction (New Brunswick Court of Queen’s bench)

  32. The Rule of Law • King John (1199-1216) considered himself above the law • Forced to sign Magna Carta in 1215 • Monarchs could no longer restrict the rights of people

  33. Habeas Corpus • Guaranteed by Magna Carta • No person can be imprisoned without explanation and needs to appear before court in a reasonable time

  34. Parliament • King Henry III was abusing his powers in 1265, a group of nobles revolted against him to take power for themselves, the formation of the first parliament • In 1688 King James II tired to get rid of parliament to make England more Catholic • Parliament made William and Mary King and Queen

  35. Statute Law • Laws are called statutes • Parliament filled gap where common law and case law failed • Common laws became codified • People now had direct access to laws

  36. Canada’s Constitution • British North America Act July 1, 1867 Ontario, Quebec, New Brunswick & Nova Scotia Britain still controlled our foreign affairs Britain could overturn our laws World War I

  37. Canada’s Constitution • Statute of Westminster 1931 gave Canada power over foreign affairs • 1949 Supreme Court of Canada became highest court in the land • BNA act still had an amendment formula that required British parliament approval of all laws passed in Canada

  38. Canada’s Constitution • 1981 after years of negotiation an amending formula was finalized • Consent from • Canadian Parliament • 2/3 of the provinces with 50% of the population

  39. Canada’s Constitution • April 17, 1982 • Signed by PM Pierre Trudeau and the Queen

  40. How Laws are Made in Canada

  41. How Laws are Made in Canada • Parliament makes our federal laws • Parliament consists of : • House of Commons • Senate • Governor general

  42. Passage of a Bill onto Law at Federal Level House of Commons • First reading-Bill introduced-vote taken • Second reading-introduced again-debate-vote • Committee Stage-studied in detail-changes made-vote • Third reading-briefly debated-vote

  43. Passage of a Bill onto Law at Federal Level Senate • First reading-Bill introduced-vote taken • Second reading-introduced again-debate-vote • Committee Stage-studied in detail-changes made-vote • Third reading-briefly debated-vote

  44. Passage of a Bill onto Law at Federal Level Governor General • Signs bill into law

  45. Divisions of Powers Provincial Property & civil rights Marriage ceremonies Police Highways Provincial jails Hospitals Education • Federal • Peace/order • Criminal law • Unemployment • Banking • Jails • Marriage/Divorce • Post Office • Aboriginal Peoples

  46. Canada and International Law

  47. Customary Law • Sovereignty- A nation’s right to govern itself. • Recognition- Sovereign nations must be recognized by other countries. • Consent- Agreements cannot be entered into by threats. • Good faith- States are expected to conduct their affairs with common sense.

  48. Customary Law • Freedom of the seas- No nation can claim ownership of the seas. • International Responsibility- Penalties will be applied for not being responsible. • Self-Defence- The use of threat or force is illegal, but you may defend your nation. • Humanitarianism- Respect the interest of humankind, disaster relief

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