Classifying Law Sources of Canadian Law. What do you think? 1.Which of these situations involve law? 2.Explain how the law is involved in the situations

Classifying LawClassifying LawSources of Canadian LawSources of Canadian Law

What do you think?What do you think?1.1. Which of these Which of these

situations involve law?situations involve law?

2.2. Explain how the law is Explain how the law is involved in the situations involved in the situations you have chosen.you have chosen.

Sources of Law in CanadaSources of Law in Canada

In Canada laws originate from three In Canada laws originate from three sources:sources:

1.1. The Canadian Constitution The Canadian Constitution (Constitutional Law)(Constitutional Law)

2.2. Elected Government Officials Elected Government Officials (Statute Law)(Statute Law)

3.3. Previous Legal Decisions Previous Legal Decisions (Common Law)(Common Law)

Sources of Law in CanadaSources of Law in Canada

Each source of law Each source of law has a different level has a different level of authorityof authority

Constitutional LawConstitutional Law overrides overrides Statute Statute LawLaw

Statute LawStatute Law overrides overrides Common Common Law Law

Common LawCommon Law CalledCalled Common LawCommon Law

because it is common because it is common to all and has a to all and has a general universal general universal applicationapplication

Also called Case Law Also called Case Law because its sources because its sources include decision made include decision made by judges in previous by judges in previous cases cases

Common LawCommon Law

Common LawCommon Law Constantly evolving as Constantly evolving as

judges decide new judges decide new cases based on cases based on previous decisionsprevious decisions

This legal principle is This legal principle is known as known as stare decisisstare decisis

Lawyers also look to Lawyers also look to favourablefavourable precedentsprecedents to argue the outcome to argue the outcome of casesof cases


Common LawCommon Law Rule of precedent Rule of precedent

does not always applydoes not always apply A case may be A case may be

identified that is identified that is sufficiently different sufficiently different from previous cases from previous cases warranting a different warranting a different decisiondecision

This is calledThis is called Distinguishing a CaseDistinguishing a Case


Statute LawStatute Law These are laws passed These are laws passed

by elected by elected representatives in the representatives in the form of actsform of acts

Acts are passed intoActs are passed into law law inin ParliamentParliament or or provincial legislaturesprovincial legislatures

Many laws today are Many laws today are statutes – common law statutes – common law decisions that have decisions that have been codifiedbeen codified

Statute LawStatute Law

Statute LawStatute Law Statutes generally Statutes generally

override common lawoverride common law Common law only Common law only

prevails when no prevails when no statute law existsstatute law exists

When a judge When a judge interprets and applies interprets and applies a statute law the a statute law the decision sets decision sets precedenceprecedence

Statute LawStatute Law

Division of PowersDivision of PowersEach level of government has the power Each level of government has the power

to enact legislation in its own area of to enact legislation in its own area of political jurisdictionpolitical jurisdiction

JurisdictionJurisdiction is the political or legal is the political or legal authority to pass and enforce laws, or the authority to pass and enforce laws, or the

judicial authority to decide a casejudicial authority to decide a case

Division of PowersDivision of Powers

Federal GovernmentFederal Government

Enacts laws within its own jurisdictionEnacts laws within its own jurisdiction Includes criminal law, military, and Includes criminal law, military, and

banking and currencybanking and currency Everyone in Canada is subject to these Everyone in Canada is subject to these

lawslaws The federal government passes The federal government passes

legislation in other areas as welllegislation in other areas as well


Provincial GovernmentsProvincial Governments

Enacts laws within its own provincial Enacts laws within its own provincial jurisdictionjurisdiction

Includes laws affecting health care, Includes laws affecting health care, education, and roads and highwayseducation, and roads and highways

Everyone in the province is subject to Everyone in the province is subject to these lawsthese laws


Local GovernmentsLocal Governments

Create laws known as bylawsCreate laws known as bylaws These are regulations that deal with These are regulations that deal with

local issues such as snow removal and local issues such as snow removal and downtown parking ratesdowntown parking rates


Aboriginal Governing StructuresAboriginal Governing Structures

As outlined in the As outlined in the Indian ActIndian Act, each , each band has the authority to make bylaws band has the authority to make bylaws that apply to its reserve landthat apply to its reserve land

An Aboriginal government can also be An Aboriginal government can also be established that can make law established that can make law regarding marriage, education, and regarding marriage, education, and adoption for exampleadoption for example

Constitutional LawConstitutional Law A body of law that A body of law that

determines the determines the structure of the structure of the federal government federal government

Divides law making Divides law making powers between powers between the federal the federal government and government and the provincesthe provinces

ConstitutionalConstitutional LawLaw

Constitutional LawConstitutional Law Limits the powers Limits the powers

of government by of government by setting out certain setting out certain basic laws, basic laws, principles, and principles, and standards that all standards that all other law must other law must adhere toadhere to


Constitutional LawConstitutional Law Overrides all other Overrides all other

lawslaws Any law passes not Any law passes not

in accordance with in accordance with the Constitution the Constitution will be struck down will be struck down by the courts as by the courts as unconstitutionalunconstitutional


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Classifying Law Sources of Canadian Law. What do you think? 1.Which of these situations involve law? 2.Explain how the law is involved in the situations