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Sources Of Canadian Law
 

Sources Of Canadian Law

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    Sources Of Canadian Law Sources Of Canadian Law Presentation Transcript

    •  First European people to practice democratic ideals.  Trial by juries (501 people to avoid bribery)  No judges or lawyers  Accusers would recommend penalties.
    •  Law of the Twelve Tables in 449 BCE  Over time law became more complex  Training of lawyers began  529 CE – Code of Justinian
    •  Separate system passed down orally  Iroquois Confederacy – Gayanashagowa  Became a reference for the UN and USA  Self-rule in some areas of Canada
    •  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
    •  French Civil Law  Civil laws (private law) was organized into codes arranged by topic  Napoleonic Code or French Civil Code  Precedence is less important
    •  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
    •  Any law passed by the federal or provincial governments  Judges interpret the statues › Mischief rule › Internal aids › External aids