Historical Influences on Canadian Law

Where'd Those Laws Come From?

Although Canadian Law reflects aspects of Mosaic, Greek, Roman, and French law, it is British law that has had the most influence in Canada

Early British LawWhen the Romans left

Britain around the year 410, the law in Britain gradually began to reflect local customs and traditions.

The types of trials was one of these, and included:Trial by OrdealTrial by Oath HelpingTrial by Combat

A system of government based on the relationship between Lords and their vassals.

The King would rule by Divine Right ( your power came from God and you were accountable only to Him)

William the Conqueror began establishing a system of Land Ownership where the nobles were Judges

Penalties were different, there were no rules of evidence, rights of the accused were not considered.

In the 12th Century the people rose up because of this.

The Feudal System

Early TrialsTrial by Ordeal

Torture used to determine guilt or innocence.

Only for trials involving death penalty

Trial by Oath HelpingFriends would swear on the

Bible about your innocenceGod would punish them if

they lied.Trial by Combat

The innocent person would win the battle with God’s help

Common LawKing Henry II solves the

problem by appointing Circuit Judges to travel the land holding court, called Assizes

Judgements eventually became similar or Common

Judges began to record their decisions and these records became known as Case Law

Main Features of Common Law

Stare Decisis Judges began to read

the decisions of other judges

If they had a similar case, a judge would make a similar decision

The above Latin phrase means “to stand by the decision”

Rule of Precedent The process of applying

Stare Decisis , provided the facts of the case were similar, developed into the Rule of Precedent

The Jury 12 Land Owners who

would testify at property disputes(not reach a verdict)

The Magna CartaIn June of 1215, King

John is forced to sign the Magna Carta, which:Establishes the Rule

of LawGave Equality

Before the LawRequired Habeus

Corpus (the right to see a Judge when arrested)

Other InfluencesNapoleonic Code

Regulated civil matters, such as Property, Wills, Contracts, and Family Law

It forms the foundation of the Quebec Civil Code

Aboriginal LawRecognized land

claims and Treaty Rights

Emphasized Community Involvement and Rehabilitation

Idea of Restorative Justice by taking responsibility for ones actions