Law In The Great White North

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Law In The Great White North by Mind Map: Law In The Great White North

1. Law in Canada

1.1. Constitutional Law

1.1.1. The Boss Law

1.1.2. Every Law in Canada is subject to the constitution

1.1.3. The BNA Act of 1867 created the Dominion of Canada however it was a statute in Britain until 1982

1.1.4. It was amended in 1982 and renamed the the Constitution act of 1867

1.1.5. In the same year another Consttuanal act was passed. The Constitution Act of 1982

1.1.6. It is better known as the Charter of Rights and Freedoms. It guarantees Canadians the rights and freedoms they have under a reasonable limit.

1.2. Statute Law

1.2.1. Statutes are Laws passed by either the Provincial or Federal parliament.

1.2.2. They generally override Common Law

1.2.3. Sec 91 of the Constitution Act gives the Federal government power to make laws within its jurisdiction

1.2.4. Sec 92 of the Constitution act of 1867 gives the Provice power to make laws under it jurisdiction. Municipalities are creatures of the province. They can only make by Laws

1.3. Common Law

1.3.1. Common Law has roots from the early unwritten laws in England

1.3.2. In Canada we use the legal principle Stare Decisis rule of precedent. This means judges use decisions made by other judges

1.3.3. It constantly evolves as judges decide cases

1.3.4. Sometimes judges just don't like the precedent set and distinguish a case

2. Categories of Law

2.1. International Law

2.1.1. Law that governs relationships between nations

2.2. Domestic Law

2.2.1. Laws within a nations border

2.2.2. Domestic law include a country's constitution, statutes and common law

2.2.3. Domestic law can be divided into substantive and procedural law

2.2.4. Substantive deals with the law regarding a citizens rights and duties

2.2.5. Procedual law tells how to enforce the law

2.2.6. Substantive law can be broken down into Public and Private law

2.2.7. Public law deals with administrative law, constitutional law and criminal law

2.2.8. Administrative law relates to people v government departments boards and agencies

2.2.9. Criminal law is law which deals with identifying crimes and punishing those who commit them

2.2.10. Private law or civil law contains the law of relationships between private individuals and organizations. Civil law can be broken down into tort, contract, family, wills, property and employment law

2.3. The War Measures Act and FLQ Crisis of 1970

3. Classifying Law

4. Government and Statute Law

4.1. The BNA Act of 1867 divided the powers between the two levels of government which are the a Federal and Provincial governments

4.2. The founding fathers created a Federal system that would divide the responsibilities of governments to make statues. They didn't want a unitary system and an American system .

4.2.1. Federal Responsibilities Provincial Responsibilities Education Labour Healthcare Implantation (OHIP) Property Rights Municipalities

4.2.2. Banking

4.2.3. Criminal Code

4.2.4. Defence

4.2.5. Foreign Affairs

4.2.6. Indian Affairs

4.2.7. Copy Right

4.2.8. Taxation

4.3. The Statute of Westminster which was passed in 1931 gave Canada more authority to make its own laws independent of Westminster and granted us freedom to make our own trade deals with other countries.

4.4. Residual Powers are any responsibility that does not go to the province would go to the federal government. it also allows the parliament to intervene in activities that would go under provincial judristiction to protect the "peace, order and good government of Canada"

4.5. In 1982 PM Trudeau (sr.) patriated the constitution and passed the constitution act of 1982 which added 4 key elements.

4.5.1. The principle of equlilization

4.5.2. A clarification of responsibility for natural resource

4.5.3. The amending formula

4.5.4. The Charter of right and Freedoms and rights of Aborginal people.

4.6. The Executive Branch in the Federal Governt

4.6.1. Queen

4.6.2. Governor General

4.6.3. Prime Minister

4.6.4. Cabinet

4.6.5. Civil service

4.7. The Executive Branch in the Provincial Governemnt

4.7.1. Queen

4.7.2. Lieutenant - Governor

4.7.3. Premier

4.7.4. Cabinet

4.7.5. Civil Service

4.8. Passing a Federal Statute

4.8.1. How does a bill become Law?

4.9. Passing a Provincial Statute

4.9.1. How a Law is Made

5. The Charter of Rights and Freedoms

5.1. Historical documents that dictate ones Rights and Freedoms

5.1.1. The Magna Carta was signed by King John in 1215 giving the rights for people in England

5.1.2. It was followed by the Bill of Rights 1869 which gave Westminster power over monarchy

5.1.3. In 1776 the Fathers of Confederation on the United States passed the "Declaration of Independence" giving man inalienable rights

5.2. Canadian Bill of Rights 1960

5.2.1. Federal Statute that was enacted by PM John G. Diefenbaker John Diefenbaker - I am a Canadian

5.2.2. Recognized rights of individuals to life liberty and enjoyment of property

5.2.3. Freedom of religion, speech, assembly and association

5.2.4. Freedom of press

5.2.5. The right to counsel and Habeas Corpus

5.2.6. This was the first time in Canada that a codified law passed giving canadians their rights and freedoms. However this was not a constitutional act meaning it does not have precedent

5.3. The Charter of Rights and Freedoms

5.3.1. consists of 34 sections relating to reasonable limits, fundamental freedoms, democratic rights, annual sitting of legislative bodies, mobility rights, legal rights, equality rights, language rights, minority rights, enforcement, general and notwithstanding clause.

5.3.2. Sec 33 The Notwithstanding Clause Governments can invoke this clause in provincial or federal legislation which would exempt sec 2 and 7-15 of the charter. Charter of Rights Architects CONDEMN Doug Ford | Jean Chretien, Roy Romanow and Roy McMurtry

5.3.3. Sec 1 Reasonable Limits Clause Every section in the Charter is subject to reasonable limit

5.3.4. The Oakes test This is a guide for the SCC to make desicions on when it is justifiable to limit ones right There are 2 parts of the test The government must establish that there is a "pressing and substantial societal concern" The second part is the proportionality test. 1. The government but justify that the provision of the law is rational to the concern. 2. The provision must be minimally impaired in regards to the Charter. In other word, limit as little as possible 3. The law (provision) must be directly proportional to the " pressing and substantial concern"

6. Criminal Law

6.1. The Elements of a Crime

6.1.1. Actus Reus " Guilty Act" and Mens Rea " Guilty mind" which equal a crime

6.2. Involvement In a Crime

6.2.1. The perpetrator is the one who actually commits the crime

6.2.2. A co perpetrator is one who encourages and helps commit the crime

6.2.3. Aiding is when someone helps a person commit a crime but doesn't do the crime physically

6.2.4. Abetting is when you encourage the crime to be committed

6.2.5. To counsel a crime is when someone is recommends and advises how to commit the crime

6.2.6. An accessory is when a person willfully helps hide the perpetrators

6.2.7. Party to common intention are people who share the responsibility of the crime

7. Civil Tort Law

7.1. Litigants involve

7.1.1. Plaintiff is the party that starts the legal action

7.1.2. The defendant is the party being sued

7.1.3. Next friend is a person who represents a child in a civil lawsuit

7.2. Steps in a Civil Action

7.2.1. Cause

7.2.2. Statement of claim

7.2.3. Statement of Defence

7.2.4. Reply

7.2.5. Discovery of Documents

7.2.6. Examinations

7.2.7. Pre trial Conference Settlement Out of Court

7.2.8. Trial

7.2.9. Appeal

7.3. Civil Court Structure

7.3.1. Supreme Court decision is binding Federal Court of Canada (Appeal) Federal Court of Canada (Trial)

7.3.2. Superior Court (Provincial) Appeal Division

7.3.3. Superior Court (Provincial) Trial Division

7.3.4. Provincial Small Claims

7.4. Civil Remedies

7.4.1. Pecuniary Damages are monetary compensation for losses calculated

7.4.2. Non pecuniary is compensation for loses the do not involve actual money but are difficult to calculate

7.4.3. Aggravated Damages are damages that are for distress and humiliation

7.4.4. Special damages is compensation for out of pocket expenses

7.4.5. Punitive damage is to punish the defendant

7.4.6. Nominal damages is small amount of monetary compensation to acknowledge moral victory