Introduction to Canadian LawIntroduction to Canadian LawChapter 1Chapter 1

What is Law?What is Law?

Law is…Law is…

……a series of rules- rules that govern a series of rules- rules that govern the relationships between the relationships between individuals, rules that govern the individuals, rules that govern the state (country), and rules that govern state (country), and rules that govern the relationships of businesses and the relationships of businesses and other associations that exist in other associations that exist in society.society.

Law is constantly Law is constantly changing…changing…

As societies and As societies and cultures change, their cultures change, their values and morals values and morals change.change.

““Law should be looked Law should be looked upon as a running upon as a running stream, carrying stream, carrying society’s hopes, and society’s hopes, and reflecting all its reflecting all its values.” Chief Justice values.” Chief Justice Bora LaskinBora Laskin

As Law Students As Law Students

You will learn that You will learn that the study of law is the study of law is complex.complex.

Students must Students must learn not only learn not only about the law, but about the law, but also about the also about the society that binds society that binds all people together.all people together.

ANTI-SOCIAL ACTSANTI-SOCIAL ACTS

When you break the rules of society, When you break the rules of society, such as by taking someone’s such as by taking someone’s property, swindling someone in property, swindling someone in business , obstructing a snowplow on business , obstructing a snowplow on city streets in winter , speeding, then city streets in winter , speeding, then various punishments are prescribed.various punishments are prescribed.

These rules, applied in our society, These rules, applied in our society, form the law.form the law.

HOW DOES THE LAW HOW DOES THE LAW AFFECT YOU???AFFECT YOU???

As an individual, you are free to do As an individual, you are free to do as you want – except for those things as you want – except for those things which the law prohibits.which the law prohibits.

Some people readily accept the rules Some people readily accept the rules readily while others have more readily while others have more difficulty.difficulty.

It is for this reason that enforcement It is for this reason that enforcement of rules is often necessary.of rules is often necessary.

Laws are different in each Laws are different in each countrycountry

Every country has Every country has its own laws.its own laws.

However, in some However, in some countries, major countries, major disputes may be disputes may be settled by military settled by military might.might.

Canadians are Canadians are governed by the governed by the “rule of law”.“rule of law”.

What is the Rule of Law?What is the Rule of Law?

This means that every This means that every dispute will be settled by dispute will be settled by a peaceful means, a peaceful means, namely by “due namely by “due process” in the courts, process” in the courts, before appointed judges.before appointed judges.

A principle of Justice A principle of Justice stating that the law is stating that the law is necessary to regulate necessary to regulate society, that it applies to society, that it applies to everyone equally and everyone equally and that people are not that people are not governed by arbitrary governed by arbitrary power.power.

LAWS FROM THE PASTLAWS FROM THE PAST

The ancient laws of other cultures The ancient laws of other cultures have influenced the development of have influenced the development of Canadian Law.Canadian Law.

In early societies, local customs and In early societies, local customs and beliefs were the law.beliefs were the law.

Eventually, these laws had to be Eventually, these laws had to be codified, or written down.codified, or written down.

Code of HammurabiCode of Hammurabi

This is one of the earliest This is one of the earliest known collections of codified known collections of codified laws.laws.

Hammurabi was the King of Hammurabi was the King of Babylon around 1700 B.C. Babylon around 1700 B.C.

He had about 300 laws He had about 300 laws codified and inscribed on codified and inscribed on stone pillarsstone pillars

Basic premise, “an eye for an Basic premise, “an eye for an eye, a tooth for a tooth”eye, a tooth for a tooth”

RetributionRetribution – justice based – justice based on vengeance and on vengeance and punishment.punishment.

RestitutionRestitution – payment made – payment made by the offender to the victim by the offender to the victim of a crime.of a crime.

Other Ancient LawsOther Ancient Laws

Another ancient law Another ancient law is the is the Mosaic LawMosaic Law which came about which came about around 1400 B.C. around 1400 B.C.

These laws were the These laws were the Ten Ten Commandments Commandments introduced to the introduced to the tribes of Israel by tribes of Israel by Moses.Moses.

And then there were the And then there were the RomansRomans

The earliest Roman The earliest Roman code of law, code of law, the Law the Law of Twelve Tablesof Twelve Tables, , was compiled around was compiled around 450 B.C., and 450 B.C., and inscribed on a dozen inscribed on a dozen bronze tablets set up bronze tablets set up in the Forum.in the Forum.

This set of laws This set of laws remained in use for remained in use for over 1000 years.over 1000 years.

Other Law CodesOther Law Codes

The The Justinian CodeJustinian Code was a second set of was a second set of Roman laws A.D. 565. The Emperor, Roman laws A.D. 565. The Emperor, Justinian made the justice system available Justinian made the justice system available to everyone in society- the rich and the to everyone in society- the rich and the poor. “You were innocent until proven poor. “You were innocent until proven guilty”.guilty”.

Later in the 18Later in the 18thth century, Napoleon revised century, Napoleon revised the laws of France into the the laws of France into the Code NapoleonCode Napoleon which is the basis for today's Quebec laws.which is the basis for today's Quebec laws.

The TrialsThe Trials

Trial by ordealTrial by ordeal – used only when the sentence for – used only when the sentence for guilt was the death penalty, it required a person to guilt was the death penalty, it required a person to undergo torture to determine guilt or innocence.undergo torture to determine guilt or innocence.

Trial by oath helpingTrial by oath helping – friends of the accused – friends of the accused would swear on the Bible that he or she was would swear on the Bible that he or she was innocent. From this came the use of juries to innocent. From this came the use of juries to decide cases.decide cases.

Trial by combatTrial by combat – determining guilt or innocence – determining guilt or innocence by having the parties fight a duel. From this came by having the parties fight a duel. From this came the the adversarial systemadversarial system, the judicial process , the judicial process whereby evidence is presented by two opposing whereby evidence is presented by two opposing parties to an impartial judge or jury.parties to an impartial judge or jury.

Common LawCommon Law In 1066, In 1066, William the ConquerorWilliam the Conqueror defeated King Harold defeated King Harold

at the battle of Hastings, and was in control of England. at the battle of Hastings, and was in control of England. His grandson, Henry II, tried to bring consistency and His grandson, Henry II, tried to bring consistency and fairness to the law.fairness to the law.

Judges (called circuit judges) traveled to villages to Judges (called circuit judges) traveled to villages to hear cases and began to record the cases and their hear cases and began to record the cases and their decisions. (these traveling courts were called decisions. (these traveling courts were called assizesassizes)This helped to establish a common method of )This helped to establish a common method of dealing with similar legal cases, which became known dealing with similar legal cases, which became known as “as “common lawcommon law”, that is, that it was common to ”, that is, that it was common to everyone. (aka. everyone. (aka. Case lawCase law))

As these written reports became available, judges As these written reports became available, judges would follow the precedent or example in deciding a would follow the precedent or example in deciding a case before them. This practice led to a principle known case before them. This practice led to a principle known as “as “stare decisisstare decisis” which means to “stand by the ” which means to “stand by the decision.”decision.”

This led to the “This led to the “rule of precedentrule of precedent”, applying a ”, applying a previous decision to a case that has similar previous decision to a case that has similar circumstances.circumstances.

The Magna CartaThe Magna Carta

The son of Henry II, King John, was forced to sign a The son of Henry II, King John, was forced to sign a document called the “Magna Carta” in June of 1215.document called the “Magna Carta” in June of 1215.

Also called the great charter, it established political and Also called the great charter, it established political and civil rights for the people of England, based on the rule of civil rights for the people of England, based on the rule of law. No one, not even the king, was above the law.law. No one, not even the king, was above the law.

Also from the Magna Carta came Also from the Magna Carta came Habeas CorpusHabeas Corpus, from , from the Latin “you must have the body”, a court order the Latin “you must have the body”, a court order designed to prevent unlawful arrest by ensuring that designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a anyone detained is charged before a court within a reasonable amount of time. This was to determine the reasonable amount of time. This was to determine the validity of the arrest.validity of the arrest.

The idea was to release people who were unlawfully The idea was to release people who were unlawfully placed in prison.placed in prison.

Now a part of the Canadian Charter of Rights and Now a part of the Canadian Charter of Rights and Freedoms.Freedoms.

Laws in Canada TodayLaws in Canada Today

The English Law is the foundation of the The English Law is the foundation of the Canadian legal system, with the exception Canadian legal system, with the exception of the law of Quebec.of the law of Quebec.

So, Canadian law is base on the laws of So, Canadian law is base on the laws of France and England.France and England.

French law was codified in extensive legal French law was codified in extensive legal texts and is referred to as “civil law”.texts and is referred to as “civil law”.

English law was not codified until much English law was not codified until much later in history and was known as later in history and was known as “common law”“common law”

Common Law and Statute Common Law and Statute lawlaw

Common law was judged in the courts with Common law was judged in the courts with judges trying cases. Common law is judges trying cases. Common law is frequently referred to as “case law”.frequently referred to as “case law”.

It was combined with the Law of Equity, It was combined with the Law of Equity, where each case must be judged on its where each case must be judged on its merits.merits.

Eventually, many of these decisions were Eventually, many of these decisions were codified and referred to as statute laws.codified and referred to as statute laws.

Thus, the 2 main categories of law for all Thus, the 2 main categories of law for all of Canada, except Quebec, are common of Canada, except Quebec, are common law (law of equity) and statute law.law (law of equity) and statute law.