Engineering LawOverviewLaws: An enforceable set of rules by which a society governs itself internally. Laws reflect:1. Religion2. History3. Culture4.Economics (capitalism)Reasons for law:1.Control behaviour2.Set of rules for people in society3. PredictabilityHistory1791 - Ontario and Quebec are divided to form Upper and Lower Canada respectively1840- Act of Union brought them together to form Province of Canada1864 - Charlottetown Conference- Quebec City Conference- London Conference1867 - BNA Act (Constitution)1982 - Constitution Act (became a Canadian document) - happened in Ottawa- also included new Charter of Rights and FreedomsOrder of provinces entering confederation:1.Ontario, Quebec, NB, NS (1867)2.Manitoba, NWT (1870)3.BC (1871)4.PEI (1873)5.Yukon (1898)6.Alberta, Saskatchewan (1905)7.NFLD & Labrador (1949)8.Nunavut (1999)Canadian Legal BodiesImportant Sections of Constitution:91: defines federal jurisdiction92: defines provincial jurisdiction1
96: gives federal government sole ability to appoint federal judges (includes Supreme Court Judges)101: Allows federal government to establish other courtsoGives power to Supreme Court of CanadaoTax courtsPOGG (Peace Order Good Government) gives power over anything not covered to the FedsHouse of Commons: 301 people (elected)Senate: 105 people (appointer by Governor General on advice from Prime Minister)Review and approve legislationoCustom is money and revenue matters automatically get approvalComprised of:o24 Ontarioo24 Quebeco24 Maritime Provinces (NS, NB, PEI)o24 Western Provinces (BC, AB, SK, MB)o1 NFLDo1 for each territoryResponsible Government:a concept and tradition, not written downPrime Minister should pick Cabinet Ministers from these elected peopleIf majority government puts forth legislation that is not passed and has no confidence, that government must resignoFree votes are used so people can vote what they want without risk of overthrowing the ruling party’s powerCreating Laws: introduced as a bill, approved by senate, then becomes a statute. Federal, provincial governments make laws, Municipal governments make by-lawsoThey know intention of law, but exact interpretation not known till it is challengedJudges interpret the law (authority comes from constitution)Courts:Provincial Court- first trial court leveloDeals with majority of court cases. No jury trials. 1 (prov)JudgeoCriminal Division:Crimes like theft under $5000, mischief, assaultAlso more serious crimes where accused chooses thiscourt2
oFamily Division:Solve problems arising from family break-up (custody, visiting rights etc.). NOT divorce or divisionof family propertyoYouth Division:Criminal trials of youth aged 12-17oSmall Claims Division:Civil cases with claim less than $10,000oTraffic Division:Traffic tickets, speeding, parking, walking dog withoutleash etc.