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Sources of Law in Canada

Sources of Law in Canada. Common Law. The Canadian legal system has its foundation in the British common law system Quebec , however, still retains a civil system for issues of private law. Both legal systems are subject to the Constitution of Canada. Statute Law.

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Sources of Law in Canada

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  1. Sources of Law in Canada

  2. Common Law • The Canadian legal system has its foundation in the British common law system • Quebec, however, still retains a civil system for issues of private law. • Both legal systems are subject to the Constitution of Canada.

  3. Statute Law • Statute law is written law set down by a legislature • Statutes may originate with the federal or provincial legislatures or local municipalities. • Statutes of lower jurisdictions are subordinate to the law of higher. • Each level of government can only write laws within its’ jurisdiction

  4. Federal Government • The national Parliament has power “to make laws for the peace, order and good government of Canada,” • These include criminal law, defence, penitentiaries, employment insurance, banking, currency, marriage, divorce, and postal services

  5. Provincial Government • The provincial parliaments have jurisdiction over: • Police & Provincial Prisons • Hospitals • Municipalities • Licensing • Solemnization of Marriage • Property • Provincial Courts • Natural Resources • Education • Roads & Highways

  6. Municipal Jurisdiction • The most important local governments are municipal government. • The provinces have exclusive jurisdiction over municipal affairs, under the constitution. • The Municipal Act is a consolidated statute governing the extent of powers and duties, internal organization and structure of municipalities in Ontario.

  7. Aboriginal Government • Indian bands can have a range of governmental powers over reserve lands under the federal Indian Act. • Other Aboriginal governments, such as self-governments, exercise governmental powers as a result of specific agreements negotiated with the federal and provincial or territorial governments.

  8. The Consitution Acts of 1867 & 1982 • Canadian constitutional law involves the interpretation and application of the Constitution of Canada by the Courts. • All laws of Canada, both provincial and federal, must conform to the Constitution • A law may be challenged on its validity, applicability, or operability. • Any laws inconsistent with the Constitution have no force or effect.

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