Canadian Charter Of Rights And Freedoms
Chapter 2 Key Terms:
Primary Sources of Law: those parts of a legal system that have the longest historical development and represent the system’s cumulative values, beliefs, and principles.
Code: a systematic collection of laws, written down and organized into topics.
Custom: a long-established way of doing something that, over time, has acquired the force of law.
Convention: a way of doing something that has been accepted for so long that it amounts to an unwritten rule.
Secondary Sources of Law: current laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges.
Constitutional Law: in Canada, the body of written laws that set out how the country will be governed. …show more content…
This type of law sets out the distribution of powers between the federal government and the provinces and embodies certain important legal principles.
Judicial Independence: the principle that judges function independency of the government.
Parliamentary Supremacy: the principle that Parliament has to the supreme power of making Canadian laws.
Ulta vires: (Latin) beyond the power of.
Intra Vires: (Latin) within the power of.
Stare decisis: (Latin) to stand by the decision.
Substantive Law: a law that identifies the rights and duties of a person or level of government.
Procedural Law: a law that outlines the methods or procedures that must be followed in enforcing substantive laws.
Domestic Law: a law that governs activities within a particular country.
International Law: a law that has jurisdiction in more than one country.
Public Law: the area of law that regulates activities between a state and its citizens.
Administrative Law: the category of public law that governs relations between people on the one hand and government agencies, boards, and departments on the other.
Criminal Law: the category of public law that prohibits and punishes behaviour that injuries people, property, and society as a whole.
Private Law: the body of law that regulates disputes between individuals, businesses, or organizations; sometimes called civil law.
Plaintiff: in civil law, the party suing.
Defendant: in civil law, the party being sued; in criminal law, the person charged with an offence.
Family Law: the area of private law that governs relations among members of a family.
Contract Law: the area of private law that governs agreements between people or companies to purchase or provide goods or services.
Tort Law: the area of private law covering civil wrongs and damages that one person or company causes to another, when the wrongs or damages arise independently of a contractual relationship.
Estate Law: the area of private law that regulates wills and probates, and determines what happens to a person’s property after death.
Property Law: the area of private law that applies primarily to the buying, selling, and renting of land and buildings and the use to which lands may be put.
Legislation:
What is it?
What is the intent of each piece of legislation?
Canadian Charter of Rights and Freedoms: It is a bill of rights entrenched in the Constitution of Canada. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights.
Charter of the United Nations: It is a foundational treaty of the international organization called the United Nations. As a charter, it is a constituent treaty, which means all members are bound to follow its articles. The purpose of this charter is to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace.
Civil Code of Quebec: a general law that contains all of the basic provision that govern life in society, namely the relationships among citizens and the relationships between people and property. It governs all civil rights, such as leasing property, sales contracts, etc. IT also deals with family …show more content…
law.
Constitution Act, 1867: a statute enacted by the British parliament on March 29, 1867. It provided for the confederation of the province of Canada (Ontario and Quebec), Nova Scotia and New Brunswick into a federal state with a parliamentary system modelled on that of Britain. The Act outlines the distribution of powers between the central Parliament (e.g. over banking, interest, criminal law, etc.) and the provincial legislatures (over property; most contracts and torts, etc.)
Constitution Act, 1982: It is an essential part of the Constitution of Canada. Born out of a desire on the part of the Trudeau government to patriate the Constitution of Canada from the United Kingdom, and it came into force on April 17, 1982. The Act forms part of the Constitution of Canada and is itself comprised of 7 parts.
Criminal Code: a federal statute enacted by Parliament of the Constitution Act of 1867, which provides the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. It is mainly based on English Criminal Law. Amendments to the Code have been made almost yearly to keep up with technological, social and economic changes in society.
Lord’s Day Act, 1906: legislation brought forth by the Lord’s Day Alliance of Canada. It was an organization founded in 1888 under the Presbyterian Church. In 1906, the Alliance persuaded Prime Minister Sir Wilfrid Laurir to introduce a Lord’s Day Act. It aimed to restrict Sunday trade, labour and recreation (Sunday shopping prohibited.)
Magna Carta: a piece of law signed by King John in 1215. The purpose of the Magna Carta was to resolve the conflict between King John and his barons, but failed completely. The foundation for many laws around the world, some still in existence today.
Nunavut Act 1993, (1999): an Act to establish a territory to be known as Nunavut and provide its government. The purpose of the Nunavut Act is to ensure the formation of a government as close to the Inuit culture and language as possible and that is more mindful of local conditions.
Racial Discrimination Act, 1944: Canada’s battle against oppression in Europe lowered Canadian tolerance of oppression at home. In 1944, Ontario enacted the Racial Discrimination Act. The Act prohibits the publication or display, on lands, premises, by newspaper or radio, of any notice, sign, symbol, emblem or other representation indicating racial discrimination.
Cases/Issues
Re: Resolution to Amend the Constitution of Canada 1981: In April 1981, the House of Commons and Senate of Canada passed a joint address to Queen Elizabeth and the British parliament requesting the amendment to the Canadian constitution. The amendment package included: all future amendments are to be decided within Canada and the Canadian Charter of Rights and Freedoms. The provinces wanted the Supreme Court to rule on three questions: 1st whether the federal government’s amending package would have a direct affect on provincial powers, 2nd whether the package was legal and constitutional, and 3rd whether a constitutional convention existed that require the federal government to win the agreement of the provinces.
Re: Drummond Wren, 1945: Mr. Drummond Wren bought land in York Country, Ontario. The agreement contained a “restrictive covenant” that stipulated that if Wren himself sold the property at a later date, the “land was not to be sold to Jews or persons of objectable nationality.” Wren argued that the restrictive covenant was contrary to public policy because it divided Canadians among religious and ethnic groups and thus violated Ontario’s Racial Discrimination Act, 1944. The judge declared the restrictive covenant void and of no effect. The judge felt he had a “moral duty” to help support national unity.
An Aboriginal View of the Canadian Constitution: Ovide Mercredi was elected National Chief of the Assembly of First Nations in 1991. He grew up in Manitoba in the 1950s, and learned at a young age the difference between Aboriginal and “white” Canada. He said that he was forced to speak English at school, and only spoke Cree at home. In his opinion, the Canadian Charter of Rights and Freedoms does not reflect Aboriginal views of the law.
Jantunen & Jantunen v. Ross & Ross, 1991: The defendant Ross borrowed money from his relatives, the Jantunens, and never paid back. They sued for repayment and obtained judgement in their favour. According to Ontario’s Wages Act, the Jantunens had the right to seize 20% of Ross’s wages. Ross held a low-paying job, and the Jantunen’s argued that they should be entitled to seize Ross’s tips as well. The court decided that tips did qualify as wages and were therefore protected.
The National Judicial Institute: Judges in Canada are appointed from practising bar and, from time to time, the academic world.
Basically, it requires the same type of preparation to become a judge and/or a lawyer. Once a person starts judging, he/she is often faced with cases in areas of law they aren’t particularly prepared in. This raises two concerns: the knowledge of a judge in an area of law in which he or she had no previous experience; and the sensitivity of a judge to the circumstances of one or both of the parties in case. In 1988, the National Judicial Institute was formed as an independent, non-profit organization that serves the Canadian judiciary by planning, coordinating, and delivering judicial education dealing with the
law.
Issue: Decriminalizing Marijuana: Outlawed in Canada under the Opium and Drug Act of 1923, marijuana was made illegal under the Controlled Drugs and Substances Act. In 2003, Parliament introduced Bill C-38 to decriminalize the act of possessing small amounts o marijuana. Those who wanted to decriminalize it argued: penalties for possession are too harsh, those convicted acquire a criminal record, which creates difficulties when travelling or job hunting. And on the other hand, those who didn’t want to decriminalize it argued: marijuana is a “gateway” drug that leads to the use of more harmful drugs, such as cocaine. Decriminalization will lead to increased drug use and higher addiction rates.
Chae v. Min, 2001: Chae was a front-seat passenger in a car driven by Min. Both men had been drinking at a restaurant and were returning home late at night. Min failed to conduct a safe turn around a curve, and the car slammed into a ditch. Chae suffered major injuries, including brain injury (not able to work again) and wanted to sue Min under tort law for damages of more than $2 mil. Min proved that Chae wasn’t wearing a seat belt and if he had been wearing one, he would have only suffering minor injuries. The court ruled that Chae was 75% responsible for his own injuries. The court awarded Char $345 000, of which was entitled to only 25% because of his contributory negligence.
R. v. Tutton, 1989: Arthur and Carol Tutton convicted of manslaughter in the death of 5 year-old son, Christopher, a diabetic. The Tuttons had stopped Christopher’s insulin treatments in the belief that he had been cured of the disease. In 1979, the Tutton’s family doctor found Christopher a diabetic. The Tuttons believed that their son could be healed through spiritual cure. The police charged with the Tuttons with manslaughter and criminal negligence.
Primary Sources of Law: those parts of a legal system that have the longest historical development and represent the system’s cumulative values, beliefs, and principles.
Code: a systematic collection of laws, written down and organized into topics.
Custom: a long-established way of doing something that, over time, has acquired the force of law.
Convention: a way of doing something that has been accepted for so long that it amounts to an unwritten rule.
Secondary Sources of Law: current laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges.
Constitutional Law: in Canada, the body of written laws that set out how the country will be governed. …show more content…
This type of law sets out the distribution of powers between the federal government and the provinces and embodies certain important legal principles.
Judicial Independence: the principle that judges function independency of the government.
Parliamentary Supremacy: the principle that Parliament has to the supreme power of making Canadian laws.
Ulta vires: (Latin) beyond the power of.
Intra Vires: (Latin) within the power of.
Stare decisis: (Latin) to stand by the decision.
Substantive Law: a law that identifies the rights and duties of a person or level of government.
Procedural Law: a law that outlines the methods or procedures that must be followed in enforcing substantive laws.
Domestic Law: a law that governs activities within a particular country.
International Law: a law that has jurisdiction in more than one country.
Public Law: the area of law that regulates activities between a state and its citizens.
Administrative Law: the category of public law that governs relations between people on the one hand and government agencies, boards, and departments on the other.
Criminal Law: the category of public law that prohibits and punishes behaviour that injuries people, property, and society as a whole.
Private Law: the body of law that regulates disputes between individuals, businesses, or organizations; sometimes called civil law.
Plaintiff: in civil law, the party suing.
Defendant: in civil law, the party being sued; in criminal law, the person charged with an offence.
Family Law: the area of private law that governs relations among members of a family.
Contract Law: the area of private law that governs agreements between people or companies to purchase or provide goods or services.
Tort Law: the area of private law covering civil wrongs and damages that one person or company causes to another, when the wrongs or damages arise independently of a contractual relationship.
Estate Law: the area of private law that regulates wills and probates, and determines what happens to a person’s property after death.
Property Law: the area of private law that applies primarily to the buying, selling, and renting of land and buildings and the use to which lands may be put.
Legislation:
What is it?
What is the intent of each piece of legislation?
Canadian Charter of Rights and Freedoms: It is a bill of rights entrenched in the Constitution of Canada. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of government. It is designed to unify Canadians around a set of principles that embody those rights.
Charter of the United Nations: It is a foundational treaty of the international organization called the United Nations. As a charter, it is a constituent treaty, which means all members are bound to follow its articles. The purpose of this charter is to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace.
Civil Code of Quebec: a general law that contains all of the basic provision that govern life in society, namely the relationships among citizens and the relationships between people and property. It governs all civil rights, such as leasing property, sales contracts, etc. IT also deals with family …show more content…
law.
Constitution Act, 1867: a statute enacted by the British parliament on March 29, 1867. It provided for the confederation of the province of Canada (Ontario and Quebec), Nova Scotia and New Brunswick into a federal state with a parliamentary system modelled on that of Britain. The Act outlines the distribution of powers between the central Parliament (e.g. over banking, interest, criminal law, etc.) and the provincial legislatures (over property; most contracts and torts, etc.)
Constitution Act, 1982: It is an essential part of the Constitution of Canada. Born out of a desire on the part of the Trudeau government to patriate the Constitution of Canada from the United Kingdom, and it came into force on April 17, 1982. The Act forms part of the Constitution of Canada and is itself comprised of 7 parts.
Criminal Code: a federal statute enacted by Parliament of the Constitution Act of 1867, which provides the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. It is mainly based on English Criminal Law. Amendments to the Code have been made almost yearly to keep up with technological, social and economic changes in society.
Lord’s Day Act, 1906: legislation brought forth by the Lord’s Day Alliance of Canada. It was an organization founded in 1888 under the Presbyterian Church. In 1906, the Alliance persuaded Prime Minister Sir Wilfrid Laurir to introduce a Lord’s Day Act. It aimed to restrict Sunday trade, labour and recreation (Sunday shopping prohibited.)
Magna Carta: a piece of law signed by King John in 1215. The purpose of the Magna Carta was to resolve the conflict between King John and his barons, but failed completely. The foundation for many laws around the world, some still in existence today.
Nunavut Act 1993, (1999): an Act to establish a territory to be known as Nunavut and provide its government. The purpose of the Nunavut Act is to ensure the formation of a government as close to the Inuit culture and language as possible and that is more mindful of local conditions.
Racial Discrimination Act, 1944: Canada’s battle against oppression in Europe lowered Canadian tolerance of oppression at home. In 1944, Ontario enacted the Racial Discrimination Act. The Act prohibits the publication or display, on lands, premises, by newspaper or radio, of any notice, sign, symbol, emblem or other representation indicating racial discrimination.
Cases/Issues
Re: Resolution to Amend the Constitution of Canada 1981: In April 1981, the House of Commons and Senate of Canada passed a joint address to Queen Elizabeth and the British parliament requesting the amendment to the Canadian constitution. The amendment package included: all future amendments are to be decided within Canada and the Canadian Charter of Rights and Freedoms. The provinces wanted the Supreme Court to rule on three questions: 1st whether the federal government’s amending package would have a direct affect on provincial powers, 2nd whether the package was legal and constitutional, and 3rd whether a constitutional convention existed that require the federal government to win the agreement of the provinces.
Re: Drummond Wren, 1945: Mr. Drummond Wren bought land in York Country, Ontario. The agreement contained a “restrictive covenant” that stipulated that if Wren himself sold the property at a later date, the “land was not to be sold to Jews or persons of objectable nationality.” Wren argued that the restrictive covenant was contrary to public policy because it divided Canadians among religious and ethnic groups and thus violated Ontario’s Racial Discrimination Act, 1944. The judge declared the restrictive covenant void and of no effect. The judge felt he had a “moral duty” to help support national unity.
An Aboriginal View of the Canadian Constitution: Ovide Mercredi was elected National Chief of the Assembly of First Nations in 1991. He grew up in Manitoba in the 1950s, and learned at a young age the difference between Aboriginal and “white” Canada. He said that he was forced to speak English at school, and only spoke Cree at home. In his opinion, the Canadian Charter of Rights and Freedoms does not reflect Aboriginal views of the law.
Jantunen & Jantunen v. Ross & Ross, 1991: The defendant Ross borrowed money from his relatives, the Jantunens, and never paid back. They sued for repayment and obtained judgement in their favour. According to Ontario’s Wages Act, the Jantunens had the right to seize 20% of Ross’s wages. Ross held a low-paying job, and the Jantunen’s argued that they should be entitled to seize Ross’s tips as well. The court decided that tips did qualify as wages and were therefore protected.
The National Judicial Institute: Judges in Canada are appointed from practising bar and, from time to time, the academic world.
Basically, it requires the same type of preparation to become a judge and/or a lawyer. Once a person starts judging, he/she is often faced with cases in areas of law they aren’t particularly prepared in. This raises two concerns: the knowledge of a judge in an area of law in which he or she had no previous experience; and the sensitivity of a judge to the circumstances of one or both of the parties in case. In 1988, the National Judicial Institute was formed as an independent, non-profit organization that serves the Canadian judiciary by planning, coordinating, and delivering judicial education dealing with the
law.
Issue: Decriminalizing Marijuana: Outlawed in Canada under the Opium and Drug Act of 1923, marijuana was made illegal under the Controlled Drugs and Substances Act. In 2003, Parliament introduced Bill C-38 to decriminalize the act of possessing small amounts o marijuana. Those who wanted to decriminalize it argued: penalties for possession are too harsh, those convicted acquire a criminal record, which creates difficulties when travelling or job hunting. And on the other hand, those who didn’t want to decriminalize it argued: marijuana is a “gateway” drug that leads to the use of more harmful drugs, such as cocaine. Decriminalization will lead to increased drug use and higher addiction rates.
Chae v. Min, 2001: Chae was a front-seat passenger in a car driven by Min. Both men had been drinking at a restaurant and were returning home late at night. Min failed to conduct a safe turn around a curve, and the car slammed into a ditch. Chae suffered major injuries, including brain injury (not able to work again) and wanted to sue Min under tort law for damages of more than $2 mil. Min proved that Chae wasn’t wearing a seat belt and if he had been wearing one, he would have only suffering minor injuries. The court ruled that Chae was 75% responsible for his own injuries. The court awarded Char $345 000, of which was entitled to only 25% because of his contributory negligence.
R. v. Tutton, 1989: Arthur and Carol Tutton convicted of manslaughter in the death of 5 year-old son, Christopher, a diabetic. The Tuttons had stopped Christopher’s insulin treatments in the belief that he had been cured of the disease. In 1979, the Tutton’s family doctor found Christopher a diabetic. The Tuttons believed that their son could be healed through spiritual cure. The police charged with the Tuttons with manslaughter and criminal negligence.