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Canadian & International Law

Canadian & International Law. Primary & Secondary Sources of Law. Primary Sources. Customs and Conventions Religion Social and Political Influences. Customs & Conventions. In ancient societies, customs (general practices) and rules were generated to deal with everyday situations

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Canadian & International Law

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  1. Canadian & International Law Primary & Secondary Sources of Law

  2. Primary Sources • Customs and Conventions • Religion • Social and Political Influences

  3. Customs & Conventions • In ancient societies, customs (general practices) and rules were generated to deal with everyday situations • Passed on between generations, usually by word of mouth • Some continued to exist despite becoming unnecessary, others developed into formal (written) laws

  4. Conventions: agreements or arrangements that are not necessarily part of a formal contract but nevertheless impose an obligation to the parties involved • Also may mean doing something because that is the way it has always been done • Long standing unwritten rules are often considered binding conventions

  5. Religion • “Supremacy of God” included in Charter, but the Church has no official position in the Canadian legal system • Inclusion shows that religion has helped shaped our laws • Mosaic Law – the 10 Commandments • Some have stayed, some have no relevance anymore

  6. And God spoke all these words, saying: 'I am the LORD your God… ONE: 'You shall have no other gods before Me.' TWO: 'You shall not make for yourself a carved image--any likeness of anything that is in heaven above, or that is in the earth beneath, or that is in the water under the earth.' THREE: 'You shall not take the name of the LORD your God in vain.' FOUR: 'Remember the Sabbath day, to keep it holy.' FIVE: 'Honor your father and your mother.' SIX: 'You shall not murder.' SEVEN: 'You shall not commit adultery.' EIGHT: 'You shall not steal.' NINE: 'You shall not bear false witness against your neighbor.' TEN: 'You shall not covet your neighbor's house; you shall not covet your neighbor's wife, nor his male servant, nor his female servant, nor his ox, nor his donkey, nor anything that is your neighbor's.'

  7. Examples: • Illegal to shop on a Sunday in Ontario • Children not allowed to play in park on Sunday • Students recite “Lord’s Prayer” at the beginning of each school day

  8. Social & Political Influences • Law cannot be separated from social, political, economic & cultural characteristics of a country • Laws reflect the values of citizens – individual rights and freedoms, protection of people and property, even distribution of wealth • But supporters of other structures may disagree – How?

  9. Role of women • 1983 – official repeal of the offence of rape • Laws that are too far behind or too far ahead of societal attitudes are not likely to be followed

  10. Secondary Sources • Constitutions • Statute Law (substantive) • Case Law (common)

  11. Constitution • Enacted in 1982 • Basic blueprint for governance • Gives authority to various levels of government to make the law (jurisdiction) • Sections 91 and 92 • Charter of Rights and Freedoms is a part of the Constitution, therefore all laws must be in accordance with it

  12. Statute Law • A law passed by elected officials at either the federal or provincial level • Also includes municipal bylaws • Ex. Criminal Code, Highway Traffic Act, Education Act

  13. Case Law • Recorded decisions of judges (past cases) • Involves extracting legal principles from past judgments and applying them to new situations • Rule of Precedent (stare decisis)

  14. Jurisprudence Conventions Patriate Repeal Ultra Vires Intra Vires Statute Common Law Precedent Stare Decisis Uniformity Impartiality Ratio Decidendi Restorative Justice Civil Law Adversarial Trial System Inquisitorial Trial System Substantive Law Procedural Law Domestic Law International Law Chapter 2 – Terms

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