Introduction to Canadian Law Lecture Notes

Introduction to Canadian Law Lecture Notes - B LAW 201 Common Law vs. Civil Law ● There is a legal system that is mainly made up of a mix of common and civil legal systems as a result of the country’s legal origins from both England and France. fundamental differences between these two legal systems: 1. Common Law ● Origin: Started in England and is applicable to nearly all the provinces and territories of Canada excluding Quebec. ● Precedent: Following to the legal principle of stare decisis, which means decisions by superior courts are authoritative to inferior courts. ● Flexibility: It is less precise, as it develops through court cases and could respond to the new conditions without legislation. 2. Civil Law ● Origin: Derives from Roman law and is practised more in the province of Quebec. ● Codification: Stresses on codes and statutes that are written and may include all fields of law in large detail. ● Application: Judges do not follow the previous cases and have limited leverage regarding the interpretation of the law. Sources of Law The sources of law in Canada can be categorized into several main types: 1. Legislation Law making means statutes passed by legislative bodies, it is therefore laws that are passed by the Parliament of Canada or some provincial legislature. These laws are composed in the form of codes which give the community a sensible and elaborate arrangement of legal provisions. 2. Precedent (Common Law) Case law or precedent is legal evidence based on the decisions making by other courts in the previous legal proceedings. These decisions are significant because Judges use them to solve present legal matters and make the use of the law more predictable. - Apparently, the role of precedent cannot be overestimated in common law countries as this concept is one of the main features of this system of legal regulation. 3. Constitutions Constitution of Canada is the main legal document of the country establishing the base for all other legal systems. It describes the organisation of the authorities, division of the legislative powers between the federal and provincial levels, and the rights of citizens. - Any law that is in contradiction with the Constitution of Kenya is homosexuality thus deemed unlawful. 4. Statutory Interpretation a. Statutory interpretation is the procedure followed by judicial systems to interpret the statutes that have been passed by the legislatures. Thus, the different roles of the various parts of the legislation are highlighted by claiming that judges analyze the literal meaning of the text, as well as the goals and motives of the legislator, and principles of law to learn how the act should be interpreted and applied. 5. Customary Law ● This is legal behavior that has developed from traditions and practices and those legal acknowledgements that deals with such behaviors. ● Within some indigenous context, culture and especially law occupies a centrist place in regulating the relationships of individuals as well as solving the conflicts. 6. International Law: The other recognised source of Canadian law is the international law which encompasses treaties, conventions and agreements between the Canada and other international parties. These international instruments can to a certain extent shape domestic law and especially in the areas of human rights, trade as well as the protection of the environment.