This document provides an introduction to the Canadian legal system. It discusses key topics including the sources of Canadian law such as legislation, common law, and the Quebec Civil Code. It outlines the hierarchy of courts in Canada and explains the roles of Parliament, legislatures, and courts. It also distinguishes between public law, private law, criminal law, and civil law. The document introduces important constitutional concepts like the division of powers between federal and provincial governments. Finally, it discusses the role of precedent in common law and how legislation and administrative tribunals fit within Canada's legal framework.
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
Where does a judge find the rules? The judicial imagination is not sufficient authority, even though some judicial decisions seem to suggest otherwise. There are several sources of the law, the primary ones being the Constitution, legislation, and prior judicial decisions. This last is the subject matter of this session.
EDLD804 Constitutional Law Chapter 1 PresentationPaul Gruhn
As a part of the EDLD808 Law in Education course at University of Bridgeport, each student was required to present on a chapter in Alexander, Kern, & Alexander (2011) Educational Law textbook. I did chapter one. This is the presentation,
Review for Law Exam
This is a basic outline. Therefore, any omission of information not an indication that any other topic covered in the course will not be on the exam
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
1Chapter 2 LEGAL RIGHTS AND RESPONSIBILITIES(Laws Governi.docxhyacinthshackley2629
1
Chapter 2: LEGAL RIGHTS AND RESPONSIBILITIES
(Laws Governing the Workplace)
2
Paradoxes about working for the public sector and legal rights
· How and when do we give up personal rights in public employment?
· Must balance three elements
· Employee rights
· Employer needs
· Policy dictates (governmental needs)
In this chapter on Legal Rights and Responsibilities, we are essentially covering laws governing the workplace, of course focusing on the public sector arena. The introduction points out the particularly important paradoxes of living in a democracy in which we value our personal rights, and yet we must yield up or narrow many of those rights in employment situations. This paradox is founded on the underlying principle that public law is trying to balance three elements: the needs of employers, the needs of employees, and the interests of government in pursuing public policy. The entire chapter looks at how these three elements—employees, employers, and policy dictates—are balanced in a wide variety of areas. On one hand, the balancing that is achieved is a magnificent monument to rationality at its best, because the legal system does an extraordinary job of ensuring fairness for employees, employers, and the implementation of policy. It also allows for varying the balance to suit different issues, to evolve over time, and to consider fact-specific situations. Yet on the other hand, public law can be frustrating too, because the balancing act does vary from area to area, does vary constantly over time, and predictability in fact-specific situations is sometimes in doubt until situations are legally challenged and litigated. Thus, public law can be very challenging and frustrating for public managers. As the book points out, managers must embrace the law to avoid the law. This chapter is the primary means that the MPA program uses to ensure that managers are both informed and relatively comfortable dealing with this challenging aspect of management.
3
Not all employment requirements stem directly from laws…
Many issues are not covered by laws, but rather by collective bargaining rules and agency guidelines which are nearly as firm
An interesting note is that much of what constrains employers is not in the law itself, but in civil service rules and tenure systems. Such rules are considered to be freely adopted by governments or individual agencies, and in most cases either have the weight of law, or at least a very strong legal weight in litigation and provide a weapon that can be used when individuals and unions seek protection of employee rights. Thus many of the generalizations in the chapter are based on common practices articulated in rules, rather than specific laws themselves. A prime example of this is in discipline, where civil service systems constrain agencies to act through specific procedures which must be followed scrupulously. Governments set up the legal framework, it is further articulated in collective barg.
EDLD804 Constitutional Law Chapter 1 PresentationPaul Gruhn
As a part of the EDLD808 Law in Education course at University of Bridgeport, each student was required to present on a chapter in Alexander, Kern, & Alexander (2011) Educational Law textbook. I did chapter one. This is the presentation,
Review for Law Exam
This is a basic outline. Therefore, any omission of information not an indication that any other topic covered in the course will not be on the exam
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
1Chapter 2 LEGAL RIGHTS AND RESPONSIBILITIES(Laws Governi.docxhyacinthshackley2629
1
Chapter 2: LEGAL RIGHTS AND RESPONSIBILITIES
(Laws Governing the Workplace)
2
Paradoxes about working for the public sector and legal rights
· How and when do we give up personal rights in public employment?
· Must balance three elements
· Employee rights
· Employer needs
· Policy dictates (governmental needs)
In this chapter on Legal Rights and Responsibilities, we are essentially covering laws governing the workplace, of course focusing on the public sector arena. The introduction points out the particularly important paradoxes of living in a democracy in which we value our personal rights, and yet we must yield up or narrow many of those rights in employment situations. This paradox is founded on the underlying principle that public law is trying to balance three elements: the needs of employers, the needs of employees, and the interests of government in pursuing public policy. The entire chapter looks at how these three elements—employees, employers, and policy dictates—are balanced in a wide variety of areas. On one hand, the balancing that is achieved is a magnificent monument to rationality at its best, because the legal system does an extraordinary job of ensuring fairness for employees, employers, and the implementation of policy. It also allows for varying the balance to suit different issues, to evolve over time, and to consider fact-specific situations. Yet on the other hand, public law can be frustrating too, because the balancing act does vary from area to area, does vary constantly over time, and predictability in fact-specific situations is sometimes in doubt until situations are legally challenged and litigated. Thus, public law can be very challenging and frustrating for public managers. As the book points out, managers must embrace the law to avoid the law. This chapter is the primary means that the MPA program uses to ensure that managers are both informed and relatively comfortable dealing with this challenging aspect of management.
3
Not all employment requirements stem directly from laws…
Many issues are not covered by laws, but rather by collective bargaining rules and agency guidelines which are nearly as firm
An interesting note is that much of what constrains employers is not in the law itself, but in civil service rules and tenure systems. Such rules are considered to be freely adopted by governments or individual agencies, and in most cases either have the weight of law, or at least a very strong legal weight in litigation and provide a weapon that can be used when individuals and unions seek protection of employee rights. Thus many of the generalizations in the chapter are based on common practices articulated in rules, rather than specific laws themselves. A prime example of this is in discipline, where civil service systems constrain agencies to act through specific procedures which must be followed scrupulously. Governments set up the legal framework, it is further articulated in collective barg.
Boudoir photography, a genre that captures intimate and sensual images of individuals, has experienced significant transformation over the years, particularly in New York City (NYC). Known for its diversity and vibrant arts scene, NYC has been a hub for the evolution of various art forms, including boudoir photography. This article delves into the historical background, cultural significance, technological advancements, and the contemporary landscape of boudoir photography in NYC.
This document announces the winners of the 2024 Youth Poster Contest organized by MATFORCE. It lists the grand prize and age category winners for grades K-6, 7-12, and individual age groups from 5 years old to 18 years old.
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Hadj Ounis's most notable work is his sculpture titled "Metamorphosis." This piece showcases Ounis's mastery of form and texture, as he seamlessly combines metal and wood to create a dynamic and visually striking composition. The juxtaposition of the two materials creates a sense of tension and harmony, inviting viewers to contemplate the relationship between nature and industry.
This tutorial offers a step-by-step guide on how to effectively use Pinterest. It covers the basics such as account creation and navigation, as well as advanced techniques including creating eye-catching pins and optimizing your profile. The tutorial also explores collaboration and networking on the platform. With visual illustrations and clear instructions, this tutorial will equip you with the skills to navigate Pinterest confidently and achieve your goals.
Rishikesh @ℂall @Girls ꧁❤Book❤꧂@ℂall @Girls Service Vip Top Model Safe
Week 1 - Introduction and the Canadian Legal System (1)(1).pptx
1. Business and Family Law – Lesson One –
Introduction and the Canadian Legal System
2. • This course concentrates on business and family legal issues that are
of interest to financial planners.
▫ Subject matter includes an exploration of business organization, contract,
property and negligence law.
▫ The course examines areas of family law that impact financial planning,
including marriage, marital breakdown, cohabitation, property division,
custody, child and spousal support.
• This week's activities include:
▫ Introducing ourselves
▫ Reviewing learning objectives, the course outline, course supplement, and
class structure
▫ Lesson #1: The Canadian Legal System
Welcome to Business and Family Law!
3. • Professor Sarah Levy
▫ I am a PhD candidate at the University of Oxford Faculty of Law, and my doctoral
research will focus on Canadian sealing activities.
▫ I completed my Articles of Clerkship at the Ministry of Environment, Conservation
and Parks at the Government of Ontario, and have been called to the Bar of
Ontario.
▫ I am a graduate of the Juris Doctor and Master of Environmental Studies program
at Osgoode Hall Law School.
• CRN82888
▫ Question for the whole class: what are your majors?
▫ Open question: what interests you about the law, and are there any subjects in
particular you are eager to learn about?
▫ Invitation to post introductions on Discussion Board on BlackBoard
Introductions
4. • Upon successfully completing this course, you will be able to:
▫ Examine the role and importance of law in Canadian Society,
emphasizing the various legal systems in Canada
▫ Explain the tort of negligence
▫ Investigate the components of valid contracts and the various
methods of discharging contracts
▫ Examine the law of real and intellectual property
▫ Explore the different forms of business organization
▫ Discuss and assess areas of family law that should be considered in
a financial plan
Learning objectives
5. • See BlackBoard: “Course materials” tab
Course outline and course supplement
6. • Going forward, class will begin at 9 AM EST unless stated otherwise
• Lecture with polls, questions, and case studies to ensure an interactive
learning environment
• Each lesson will include check-in questions and review questions
posted with the lecture slides on BlackBoard
▫ Check in questions are to guide your learning during class
▫ Review questions are to be taken up after class, and we will go over the
ones from the previous week at the beginning of each lesson
• Office hour?
Class structure
8. Learning outcomes
• What is law
• What are the sources of Canadian Law
• What is the hierarchy of law in Canada
• The role of Parliament and the legislatures
• The structure and role of the courts
• The legal process
• Criminal versus civil law
• Other forms of governance e.g. Administrative law
• Alternatives to the court system
9. What is law?
• Law is a collection of rules and norms
designed to govern social behaviour
and interaction
• Without law we have anarchy
• Thomas Hobbes – life in a state of
nature is “nasty, brutish and short.”
• https://www.iep.utm.edu/hobmoral/
10. What is not law
• Law and morality are not the same
• Ethics are an element of law but sometimes not written
• Social custom is not law
• All elements govern behaviour but are not enforceable in a court
of law
11. Law versus the rule of law
• Law is what the courts, codes and legislation indicate the proper
course of legal conduct happens to be
▫ Laws can be changed
• The rule of law is a foundational principle of our society
▫ Law not things such as vigilante justice govern how we mediate disputes
▫ While the laws can change the notion that we live in a society governed by
law does not
• See: https://plato.stanford.edu/entries/rule-of-law/
• Nobody is above the law under the concept of the rule of law
12. Categories of law
• Substantive law
▫ Legislation
▫ Cases
• Procedural Law
▫ The means by which the legal process works
▫ For example: Ontario Rules of Civil Procedure
▫ https://www.ontario.ca/laws/regulation/900194
13. Spheres of law
• Public Law
▫ Between the state/ government and individuals
▫ Criminal law
▫ Constitutional law including the Charter of Rights and Freedoms
• Private or Civil Law
▫ Between Individuals and/ or other private actors such as corporations
▫ Tort law
▫ Contract law
▫ Property law
14. Systems of law in Canada
▫ We have 3 systems of law in Canada
Legislation and the common law
The Quebec Civil Code
Aboriginal Law
▫ This course focuses mainly on legislation and the common law
This is the system of law that most frequently impacts business
15. The Constitution
• The Constitution Act, 1982 is the supreme law of Canada
• The Constitution Act includes the Canadian Charter of Rights and Freedoms
• Origins are the British North America Act, 1867
(https://www.justice.gc.ca/eng/rp-pr/csj-sjc/constitution/lawreg-
loireg/p1t11.html)
• Further modified by the Statute of Westminster, 1931 which gave Canada
control over its own foreign policy
(https://www.thecanadianencyclopedia.ca/en/article/statute-of-Westminster)
• Further modified by the Letters Patent, 1947 which expanded the powers of
the Governor General
(https://www.thecanadianencyclopedia.ca/en/article/letters-patent-1947)
16. Important Constitutional sections
• Arising from the British North America Act sections 91 and 92 of the
Constitution set out what are known as the Federal and Provincial
heads of Power
▫ These sections define the authority of the two levels of government
▫ Where there is conflict, that is, overlapping authority, the doctrine of
“paramountcy” grants the Federal government final authority over matters
Logic – a strong federal government is better for a very large country
• The British North America Act came into force very shortly after the
American Civil War
▫ British Authorities wanted to avoid the possibility of a similar type of conflict
between the provinces
17. The Constitution Sections 91 and 92
• Section 91 sets out the Federal heads of power
• Section 92 sets out the Provincial heads of power
• https://laws-lois.justice.gc.ca/eng/const/page-4.html
• For our purposes, section 92 (13) is most important
• It gives to the provinces control over “Property and Civil Rights in
the Province”
18. Exceptions to the Charter
• The Canadian Charter of Rights and Freedoms protects individual
rights. These guarantees are not absolute
▫ Section 1 says that Charter rights can be limited if such limits can be
demonstratively justified in a free and democratic society
▫ Section 32 – The Charter only applies to government
• The Charter does not apply to private businesses
▫ Provincial Human Rights codes do however apply
▫ Section 33 – a province can say that ‘notwithstanding’ a courts
interpretation of the Charter that decision will not apply in the province
Seldom used. Quebec’s English/ French sign law is one of the few examples
where it has been used
19. The Common Law
• Common law is judge made law
• As a former British colony, Canada inherited the common law system from Britain as
did other former colonies such as Australia, New Zealand, South Africa and the
United States
• It relies on the concept of stare decisis or precedent
▫ Courts are expected to follow previous court decisions on similar matters
Bound to follow precedent case if:
Decision made by higher court
In the same jurisdiction
Based on similar facts
▫ Courts my distinguish cases on the facts
In the Common Law FACTS matter immensely
20. The courts and the Common Law
• It is the role of the courts to interpret and apply the law
• Trial courts hear all matters
• Courts of Appeal including all provincial courts of appeal and the
Supreme Court of Canada decide which cases they wish to hear
• Appeal courts do not hear a trial for a second time
• Appeal courts address questions of law
• Facts are taken as given based upon the findings of the trial court
22. Courts of Appeal
• Appeal courts hear cases from trial courts where there has
been an error either in law, or in criminal cases, in the judge’s
charge to the jury
• Courts of appeal do not have to hear all appeals
• Courts of appeal do not hear no evidence
• On the basis of stare decisis a court of appeal’s decision is
bind on all courts within their province of jurisdiction e.g. the
decisions of the Ontario Court of Appeal are binding on all
Ontario courts
• Court of appeal decisions are not binding on other provinces.
However if a matter arises that is similar a appeal court
decision from another province can be persuasive in how
other provincial courts make decisions
• This ensures consistency in the law across Canada
23. The Supreme Court
• Decides cases of national importance
• Like courts of appeal it gets to decide
which cases it wants to hear
• Supreme Court of Canada decisions
are binding on all Canadian Courts
24. The role of legislation
▫ Laws can be created by legislative bodies
▫ The doctrine of “Parliamentary supremacy”
The legislature – Parliament or provincial legislatures can override or modify
the common law or government regulations
Cannot override the Constitution except for laws enacted utilizing Section 33 of
the Canadian Charter of Rights and Freedoms
Seldom used in Canada
25. The Powers of tribunals
• Administrative tribunals may act on behalf of the government in making
decisions and enacting projects
• Administrative tribunals are created through legislation – either Federal or
Provincial
• The scope of their authority is determined through the concept of delegated
authority
▫ Examples include the Ontario Securities Commission, the National Energy Board
and the Ontario Human Rights Commission
26. Burden of proof – Criminal law
• The burden of proof is an important level
of the trial process
• Criminal trials are between the state
(commonly referred to as “the Crown” or in
court cases R.) and an individual. For
example R. v. Jones
• Typically these cases are criminal law
• In criminal law a case must be proven
“beyond a reasonable doubt”
• This is because there can be prison time
associated with a finding of guilt
27. Burden of proof – civil Law
• In civil trials the matter is between two individuals/
companies. For example Jones v. Smith
• Burden of proof is based on a balance of probabilities. If
it is 51% more likely that a wrong occurred, then a
plaintiff will prevail
• Civil law is focussed on tort law, contract law and
property law
• No prison time can be imposed in a civil trial
• The remedy is damages => monetary compensation
• Other remedies may exist for example an injunction to
prevent my neighbour from intruding on my land
28. The legal process
• In a civil trial the following process is followed
• Statement of Claim – a plaintiff files a statement of
claim against another party, know as the defendant
• Statement of Defence – a defendant is required to
submit a statement of defence to the courts explaining
why the plaintiff’s claim is not correct
• Failure to file a statement of defence can lead to what is
know as ‘default judgment’ => the plaintiff wins their
claim without having to attend court
29. The legal process
• If both parties file their documents with the court – statement of claim
and statement of defence the process proceeds through the court
• Discovery – this is a process whereby each party must produce all
documents that they intend to rely upon at trial
▫ This can include contracts, emails, memoranda of understanding etc.
▫ The purpose of discovery is to all parties to understand the other party’s
case
▫ Each party must present one witness for discovery who can explain the
documents that have been produced in the case
• Post-discovery is often where litigation comes to an end
• Parties are more likely to settle when they have a better understanding
of the strengths and weaknesses of their positions
30. Alternatives to the courts
• In civil matters disputes may be resolved in ways that do not involve
the courts
• This is known as Alternative Dispute Resolution (ADR)
• Usually done through a dispute resolution clause in a contract, as
agreed upon by the parties
▫ Negotiation – parties may resolve their dispute before having to go to court
▫ Mediation – A mediator, agreed to upon by the parties, will listen to both
sides arguments and offer insight into the relative merits of each sides
claims. Mediation is not binding. It is up to the parties to decide if they wish
to follow the mediators recommendations. Often this leads back to
negotiation
▫ Arbitration – an arbitrator behaves as a judge. The arbitrator hears the
case and makes a decision regarding which party prevails
31. Benefits of ADR
• Parties can control the solution. The parties set the rules, the substantive and
procedural law that applies; select the mediator or arbitrator
• The schedule at which proceedings occur is left to the parties as opposed to
the courts
• Privacy – negotiation, mediation and arbitration are private. This is
particularly important in situations where a dispute might involve trade
secrets, methods etc. Any decision regarding damages also remains private
• For on-going business relationships ADR can help avoid the confrontational
nature of the court system
• ADR is cheaper – it depends. Parties must pay the fees of the mediator or
arbitrator as well as their own legal costs, but often the process is less drawn
out than litigation
32. Disadvantages of ADR
• Potentially more limits on access to information between the parties.
This is particularly true where ADR is simply about negotiation. In
mediation or arbitration however, the contract between the parties will
usually involve a discovery clause
• Decisions are not based on precedent – in theory. In practice
precedent based upon the law and jurisdiction that the parties have
selected is highly persuasive
• Enforcement may prove difficult unless the agreements are produced
by lawyers
• Lack of a public record can be a problem when it comes to
enforcement which may have to be enforced by the courts
33. • Post an introduction to yourself in the Discussion Board on
BlackBoard.
• Complete the Review Questions for this lesson before next
week’s class.
• We will be exploring Negligence next week.
And finally…
• Please feel free to e-mail me with any questions you may have
about the course between now and then!
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