Legl 210 Notes
\Definition, Sources, Constitution, Human Rights Legislature
Natural Law: Morals of society are law (too simplistic for diverse societies)
Legal Positivism: Follow if you acknowledge “their” authority (Monarchy)
Legal Realism: A law is real if the court system backs it up “Ultra Vires”=outside the law; courts refuse to pass a law that gov’t wants
Law: Rules that courts are willing to enforce/apply
Civil Code Legal System: (Quebec) “all-encompassing”
Common Law Legal Sys: (Canada/other provinces) “Case Law” “Stare Decisis”=”Let the decision stand” (Previous decision used)
Two Sources of Law: Statute > Common Common Law=Case Law=Created by the Courts Statute (Legislation Act) Law=Created by Gov’t
Ex. Age of Majority Act nullifies Common Law (21 →18)
CONSTITUTION ACT OF 1867: FED=PROV (But Fed handles tax/reven)
Rule of Law: Citizens agree to follow rules of gov’t NOT “arbitrary whims”
Section 91: FEDERAL POWERS (Ex. Criminal Code of Canada/Unemplo) POGG Power=”Peace Order & Good Gov’t”=Residual Power (Ex. TV)
Section 92: PROVINCIAL GOV’T POWERS (Ex. Education, Healthcare)
“Colourable Legislation”= Const. states that gov’t’s can’t delegate powers (cannot switch around so Col. Leg declares laws “Ultra Vires”)
“Pith & Substance”= At heart this law deals with Prostitution=crime=FED
CAN delegate powers beneath them (Prov →Municipal=By-laws)
Doctrine of Paramouncy: 2 laws conflict= FED law > Provincial law
HUMAN RIGHTS LEGISLATION: “Bill of Rights”
Ex. Alberta Human Rights Act = Protects us from any discrimination by other PRIVATE ENTITIES but not the Gov’t “The Charter of Rights & Freedoms (1982)” protects us from abuse by Gov’t → ENTRENCHED (can only be changed by const. amendment)
S2 Personal freedoms (speech, association, religion, opinion)
S3 Right to Vote
**S4 Election every 5 years (Notwithstanding clause doesn’t affect this)
S5 1 Parliamentary session per year
S6 Mobility Rights (Citizens who leave have to be let back in)
Natural Law: Morals of society are law (too simplistic for diverse societies)
Legal Positivism: Follow if you acknowledge “their” authority (Monarchy)
Legal Realism: A law is real if the court system backs it up “Ultra Vires”=outside the law; courts refuse to pass a law that gov’t wants
Law: Rules that courts are willing to enforce/apply
Civil Code Legal System: (Quebec) “all-encompassing”
Common Law Legal Sys: (Canada/other provinces) “Case Law” “Stare Decisis”=”Let the decision stand” (Previous decision used)
Two Sources of Law: Statute > Common Common Law=Case Law=Created by the Courts Statute (Legislation Act) Law=Created by Gov’t
Ex. Age of Majority Act nullifies Common Law (21 →18)
CONSTITUTION ACT OF 1867: FED=PROV (But Fed handles tax/reven)
Rule of Law: Citizens agree to follow rules of gov’t NOT “arbitrary whims”
Section 91: FEDERAL POWERS (Ex. Criminal Code of Canada/Unemplo) POGG Power=”Peace Order & Good Gov’t”=Residual Power (Ex. TV)
Section 92: PROVINCIAL GOV’T POWERS (Ex. Education, Healthcare)
“Colourable Legislation”= Const. states that gov’t’s can’t delegate powers (cannot switch around so Col. Leg declares laws “Ultra Vires”)
“Pith & Substance”= At heart this law deals with Prostitution=crime=FED
CAN delegate powers beneath them (Prov →Municipal=By-laws)
Doctrine of Paramouncy: 2 laws conflict= FED law > Provincial law
HUMAN RIGHTS LEGISLATION: “Bill of Rights”
Ex. Alberta Human Rights Act = Protects us from any discrimination by other PRIVATE ENTITIES but not the Gov’t “The Charter of Rights & Freedoms (1982)” protects us from abuse by Gov’t → ENTRENCHED (can only be changed by const. amendment)
S2 Personal freedoms (speech, association, religion, opinion)
S3 Right to Vote
**S4 Election every 5 years (Notwithstanding clause doesn’t affect this)
S5 1 Parliamentary session per year
S6 Mobility Rights (Citizens who leave have to be let back in)