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Sources Of Canadian Law

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Page 1: Sources Of Canadian Law
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First European people to practice

democratic ideals.

Trial by juries (501 people to avoid

bribery)

No judges or lawyers

Accusers would recommend penalties.

Page 5: Sources Of Canadian Law

Law of the Twelve Tables in 449 BCE

Over time law became more complex

Training of lawyers began

529 CE – Code of Justinian

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Separate system passed down orally

Iroquois Confederacy –

Gayanashagowa

Became a reference for the UN and USA

Self-rule in some areas of Canada

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Presumption of Innocence

Trial by Ordeal

11th Century William the Conquer

› Local authority to resolve disputes

12th Century King Henry II

› Consistency and fairness

King John and the Magna Carta

› Rule of Law

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French Civil Law

Civil laws (private law) was organized

into codes arranged by topic

Napoleonic Code or French Civil Code

Precedence is less important

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Values and principles of Canadian law

Body of laws which deal with

government powers and legal principles

BNA Act, now the Constitution Act 1867

Constitution Act 1982 and Charter

Judicial Independence

Ultra vires and intra vires

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Any law passed by the federal or

provincial governments

Judges interpret the statues

› Mischief rule

› Internal aids

› External aids

Page 14: Sources Of Canadian Law