Business Law: Module 1A, Part A - Canadian Legal System (Acc. Grad. Cert.)

Summary

This module provides an introduction to the Canadian legal system, exploring the nature of law, the distinction between common and civil law, and the classification of law into public and private categories. It emphasizes that laws are enforceable rules, unlike informal social rules, and outlines the three primary sources of law in Canada: the Constitution, legislation (including statutes, regulations, and bylaws), and judicial decisions. Understanding these concepts is essential for navigating the legal framework that governs Canadian society.

Takeaways

• 😀 Law is a set of enforceable rules established by courts, distinguishing it from mere rules or ethics.
• 😀 All laws are rules, but not all rules are laws; many rules in daily life, such as sports rules, are not legally enforceable.
• 😀 Canada has two legal systems: the common law system, which applies in most provinces, and the civil law system, unique to Quebec.
• 😀 Jurisdictions refer to specific geographical areas governed by particular laws, such as provinces or municipalities.
• 😀 Public law regulates relationships between individuals and the government, while private law governs relationships between individuals and organizations.
• 😀 Key areas of public law include constitutional law, tax law, criminal law, and administrative law, while private law includes contract law and tort law.
• 😀 The Constitution, legislation, and court decisions are the primary sources of law in Canada.
• 😀 Legislation consists of statutes, regulations, and bylaws, with statutes being laws made by federal or provincial governments.
• 😀 The legislative process involves multiple readings and approvals in both the House of Commons and the Senate before receiving Royal Assent to become law.
• 😀 Courts interpret laws and can create common law through judicial rulings, which is essential in areas like contract law.

Q & A

What is the primary distinction between law and mere rules?

Law consists of enforceable rules that can be sanctioned by courts, while not all rules are laws; some rules, like those in sports, are enforced by referees and have no legal consequence.

What are the two legal systems present in Canada?

Canada has a common law system, used in most provinces, and a civil law system, which is found only in Quebec.

How does public law differ from private law?

Public law regulates relationships between individuals and the government, such as constitutional and criminal law, while private law governs interactions among individuals and businesses, like contract and property law.

Can the same situation fall under both public and private law?

Yes, a single situation can involve both public and private law, such as an assault that may lead to criminal charges (public law) and a tort claim for damages (private law).

What are the three main sources of law in Canada?

The three main sources of law in Canada are the Constitution, legislation (including statutes, regulations, and bylaws), and court decisions (case law).

What role does the Constitution play in the Canadian legal system?

The Constitution establishes the framework for the legal system, including the division of powers between federal and provincial governments and the protection of individual rights through the Charter of Rights and Freedoms.

What is a statute and how is it created?

A statute is a law enacted by a government body, such as the federal parliament or provincial legislature. The process involves multiple readings and committee reviews before receiving Royal Assent from the Governor General or relevant provincial authority.

What are regulations, and how do they differ from statutes?

Regulations are detailed rules created to implement statutes and can be changed more easily than statutes, which require a more complex legislative process.

What are bylaws, and who has the authority to create them?

Bylaws are laws created by municipal councils, derived from powers granted by provincial legislation, and they govern local issues such as zoning and parking.

How do courts contribute to the development of law in Canada?

Courts interpret and apply existing laws and can create new legal principles through their rulings, contributing to what is known as common law or judge-made law.