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Law in Our Lives by Mind Map: Law in Our Lives

1. Human Rights and Human Rights Codes

1.1. Discrimination

1.1.1. Prejudice is a preconceived opinion of a person based on the person's belonging of a group

1.1.2. Stereotyping is judging or forming an opinion of one person in a group, and applying that to all persons of that particular group

1.1.3. Direct Discrimination vs Indirect Discrimination

1.1.3.1. Direct Discrimination is discriminating someone just for the sole purpose of belittling them or putting them down. This can include treating them unfairly, holding them up to different standards, or just overall harassment

1.1.3.2. Indirect Discrimination is discriminating someone without the intent of belittling someone or harassing them. For example, setting a height requirement in a workplace does aim to intentionally harm someone, but it still does

1.2. Provincial Human Rights Codes

1.2.1. Provincial Human Rights Codes protects every resident's right to be free form discrimination, including but not limited to, race, sec, ethnic origin, ancestry, creed, marital or family status, sexual orientation, age, disability, or citizenship

1.2.1.1. If a case is taken by the Human Rights Commission, than they will cover all legal costs, and do the investigation themselves.

2. Government and Statute Law

2.1. Division of Power

2.1.1. Federal Responsibilities

2.1.1.1. Banking, Census and Statistics, Citizenship, Criminal Law, Currency, Defence, Foreign and Indian Affairs,Marriage and Divorce, Patents and Copyrights, Penitentiaries, Postal Service, Public Debt, Residual Powers, Taxation

2.1.2. Provincial Responsibilities

2.1.2.1. Compensation to Injured Workers, Education, Labour and Trade Unions, Maintenance of Hospitals, Natural Resources, Provincial Courts and Laws, Solemnization of Marriage

2.2. Statute of Westminster

2.2.1. It gave Canada the authority to make its own laws independent of Great Britain

2.2.2. It granted Canada the independence to make agreements, including trade agreements, with other countries

2.2.3. However, Canada could still not amend its own constitution without approval from the British Parliament

2.3. The 4 Key Elements Patriating the Constitution Brought

2.3.1. A Principle of Equalization

2.3.1.1. Most Canadians believe that essential services should be available equally to residents all across Canada. This new change in the Constitution addresses this.

2.3.2. A Clarification of Responsibility for Natural Resources

2.3.2.1. The new Constitution Act granted the Provinces the authority to handle Natural Resources, with one catch, they cannot overcharge another province of Canada.

2.3.3. An Amending Formula for Future Changes to the Constitution

2.3.3.1. The Amending Formula states that in order to change the Constitution in any way, you must have support from the federal government, and 2/3 of the Provinces, representing 50% of the population.

2.3.4. The Charter of Rights and Freedoms

2.3.4.1. The Charter of Rights and Freedoms is a document that highlights the principles of Human rights, and if any law or statute interferes with the Charter, it must be changed.

2.4. Branches of Government

2.4.1. The Executive Branch

2.4.1.1. The role of the executive branch of government is to set policy, present budgets to the legislature, propose legistlation, and implement new laws passed by the legislature.

2.4.2. The Legislative Branch

2.4.2.1. The role of the Legislative Branch is basically to make laws. It is made of up elected members in Parliament, who sit in the House of Commons. Senators are also appointed, and sit in the senate.

2.4.3. The Judiciary Branch

2.4.3.1. The role of the Judiciary is to act as an independent third party in legal disputes and to clarify the law. The Judiciary is made up of "justices" or judges. They adjudicate disputes, interpret the law and decide on punishments in Canada's Court System.

2.5. The Process for Passing a Law

2.5.1. Idea

2.5.2. Draft Legislation

2.5.3. First Reading

2.5.4. Second Reading

2.5.5. Third Reading

2.5.6. Vote Held

2.5.6.1. Federal System

2.5.6.2. Steps Repeated in Senate

2.5.6.3. Governor General

2.5.6.4. Royal Assent and Proclamation

2.5.7. Vote Held

2.5.7.1. Provincial System

2.5.7.2. Lieutenant Governor

2.5.7.3. Royal Assent and Proclamation

3. Classifying Law

3.1. Procedural Law

3.1.1. Legal rules governing the process for settling disputes, whether criminal or civil

3.2. Substantive Law

3.2.1. Public Law

3.2.1.1. Criminal Law

3.2.1.1.1. The body of law that defines crimes and punishments

3.2.1.2. Constitutional Law

3.2.1.2.1. Outlines the structure and power of the Federal Government and the Provincial Government

3.2.1.3. Administrative Law

3.2.1.3.1. Explains and elaborates on the relationship and responsibility regarding the public and Government bodies

3.2.2. Private Law

3.2.2.1. Tort Law

3.2.2.1.1. The area of law that deals with damages caused by a person or organization

3.2.2.2. Family Law

3.2.2.2.1. The area of law that regulates all aspects of family life, according to law

3.2.2.3. Property Law

3.2.2.3.1. Outlines the rights and responsibilities of owning, acquiring and maintaining property

3.2.2.4. Contract Law

3.2.2.4.1. Outlines the requirements for legally binding agreements, and deals with the consequences, if a contract is breached

3.2.2.5. Labour and Employment Law

3.2.2.5.1. Governs the relationships between employees and unions, and governs the relationships between the employer and employees

3.3. Common Law

3.3.1. Common Law is based on the principle of precedent. Precedent is a legal decision that serves as an example and authority in subsequent and similar cases.

4. The Canadian Charter of Rights and Freedoms

4.1. Reasonable Limits Clause and the Nothwistanding Clause

4.1.1. The Reasonable Limits Clause in the charter states that all the rights and freedoms provided are subject to reasonable limits. Meaning, that just because you have the right to expression, you are not allowed to make sexist or racist comments towards someone.

4.1.2. The Notwithstanding Clause applies only to the fundamental freedoms, (Sections 2, 7-14 of the Charter) and it states that in certain cases the Provincial governments may pass laws that violate these charter rights

4.2. Fundemental Freedoms

4.2.1. Freedom of Religion

4.2.1.1. Freedom of Religion means that you are allowed to practice and follow your religion as you please

4.2.2. Freedom of Thought, Belief, Opinion and Expression

4.2.2.1. The charter allows us to think what we want, believe what we want, have our own opinions and have the freedom to express ourselves

4.2.3. Freedom of Peaceful Assembly

4.2.3.1. This means that you are allowed to partake in peaceful protests and other forms of demonstrations that dont violate the charter

4.2.4. Freedom of Association

4.2.4.1. Freedom of Association allows individuals to join together in groups, for a variety of reasons. Sports clubs, cultural organizations, and unions are just some examples

4.3. The Oakes Test

4.3.1. Is the violation related to a pressing and substantial concern of society?

4.3.2. Is there a rational connection between the violation and the objective of the law?

4.3.3. Is the right being limited as little as possible?

4.3.4. Is the violation proportional to the objective of the law?

5. Civil Negligence and Unintentional Torts

5.1. Negligence is a careless act that causes harm to another

5.1.1. The action is unintentional

5.1.2. The action is unplanned

5.1.3. An injury results

5.2. Duty of Care

5.2.1. A specific legal obligation to not harm other people or their property

5.3. Once a Duty of Care has been established, the next duty for a court is to determine whether a reasonable standard to care exists

5.3.1. Standard to care is the level of care expected of a person in that specific circumstance