Transcript Lesson_2_-_1_2__1_3


In Canada laws include both
government-made rules called
“legislation” and judge-made rules called
“common law” which are both respected
and enforced by society
Establish rules of conduct
 Knowing the law helps us to avoid disputes
before they arise. Also, the law serves as a
problem-solving tool
 Examples: contracts for vehicle purchases
specifies what buyer and seller receive;
landlord/tenant relations
Provide a system of enforcement
 Laws must be enforced (police and the
courts)
 Examples: The police may charge an
individual for breaking a particular law, and
that individual would have to go to court to
pay the consequences
Protect rights and freedoms
 A right is something you are entitled to
 An obligation is something you must do
 The law encourages the protection of the
rights of citizens (tolerance and respect)
 Rights cannot be limited unless there is a
solid legal reason for doing so.
 Examples: freedom of expression vs.
verbally disrespecting someone
Protect society from harm
 Laws define what we consider wrong and
set out punishment for those who break the
law
 Example: carrying an unlicensed handgun
(criminal law), labour and occupational
safety laws (civil laws)
Resolve disputes
 Laws settle conflicts (negotiation or court
system)
 Examples: being sued for trespassing on
someone’s property
Two Basic types of law in
Canada

Substantive Law
 Laws that set out the rights and obligations of
each person in society
 Substantive law allows Canadians to own
property and enjoy the rights that come from
ownership

Procedural Law
 Laws that outline the steps and procedures
involved in protecting and enforcing the rights
given under substantive law
 An example would be the procedures of arrest,
jury selection or the steps involved in preparing
a legally binding contract
Substantive or procedural?
 A law
that makes it illegal to
assault another person
 A law
that outlines the steps to
follow in making an arrest
 A law
that makes it illegal to
possess a controlled drug
 A law
that outlines the steps in
obtaining a search warrant
Public Law

Controls the relationship between the
government and the people. It
represents laws that apply to all
individuals.
Types of Public Law

Criminal Law – series of rules passed by
federal Parliament to prohibit or prevent
certain actions such as murder, assault,
theft, break & enter etc . . .
Types of Public Law

Constitutional Law – laws that set out
the structure of government, especially
the divisions of power between the
provincial and federal governments
Types of Public Law

Administrative Law – governs the
relationship between citizens and
government & public agencies (i.e.
Liquor Control Board, CRTC,
Employment Insurance Comm.)
Private law (also known as
civil law)

Outlines the rights and responsibilities of
private individuals and organizations. In
a private (civil) law case, the person who
starts the lawsuit is called the plaintiff,
and the person who is being sued is
called the defendant. The plaintiff sues
because he or she believes that the
defendant has caused him or her harm,
loss, or injury.
Types of Private Law (also called
“Civil” Law)

Family Law – governs relationships
between persons living as spouses and
between parents and children
Types of Private Law

Contract Law – a contract is an
agreement between 2 or more persons
which imposes rights and duties on
those parties. As simple as the
purchase of a CD or as complex as the
leasing of a jumbo aircraft
Types of Private Law

Tort Law – a tort is a wrong which one
person commits against another. It
gives remedies to those who have been
injured by the intention or negligence of
others
Types of Private Law

Property Law – governs the
relationships between individuals
relating to real property (land and
buildings) and personal property (cars,
bank accounts etc. . . )
Types of Private Law

Labour Law – covers the relationship
between employers and employees in
terms of rights and obligations. Issues
include employment contracts,
grievances, etc.
The Divisions of Canadian law
Canadian
Law
The Divisions of Canadian law
Canadian Law
Substantive Law
(Statute Law
and Case Law)
Procedural Law
(Rules)
Public Law
Criminal Law
Constitutional
Law
Private Law
Administrative
Law
Family Law
Contract Law
Tort Law
Property Law
Labour Law
PUBLIC OR PRIVATE LAW?
 A youth
is arrested for
committing a break and enter.
 A store
owner agrees to sell
you a chocolate bar at a
specified price.
 Your
job as a cashier pays
you at the provincial
minimum-wage rate.
 You
are arrested for underage
drinking in a public park.
 You
sue a doctor for causing
you extensive throat injury
while operating to remove
your tonsils.
 Your
parents have divorced
and agree on issues related to
custody and support
payments.
 Your
parents are considering
buying a new home or leasing
a new apartment.
 You
attend a demonstration
and are arrested for unlawful
assembly.
Homework

P. 12 #1-5