Revised_Law_Notes - Engineering Law Overview Laws An enforceable set of rules by which a society governs itself internally Laws reflect 1 Religion 2

Revised_Law_Notes - Engineering Law Overview Laws An...

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Engineering Law Overview Laws: An enforceable set of rules by which a society governs itself internally . Laws reflect: 1. Religion 2. History 3. Culture 4. Economics (capitalism) Reasons for law: 1. Control behaviour 2. Set of rules for people in society 3. Predictability History 50 kind of criminal law in US 1791 - Ontario and Quebec are divided to form Upper and Lower Canada respectively 1840 - Act of Union brought them together to form Province of Canada 1864 - Charlottetown Conference - Quebec City Conference - London Conference 1867 - BNA Act (Constitution) July 1st 1982 - Constitution Act (became a Canadian document) - happened in Ottawa - also included new Charter of Rights and Freedoms, schedule B, July 1 st - legalities changed in the constitution 1931 - JCPC Canada still under British law Order 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 Bodies Important Sections of Constitution: BNA Act 91: defines federal jurisdiction 92: defines provincial jurisdiction 1
96: gives federal government sole ability to appoint federal judges (includes Supreme Court Judges) – Court of Appeal, each province 101: Allows federal government to establish other courts o Gives power to Supreme Court of Canada o Tax courts POGG (Peace Order Good Government) gives power over anything not covered to the Feds House of Commons: 308 people (elected), Responsible Gov’t Senate: 105 people (appointer by Governor General on advice from Prime Minister), doesn’t’ interfere with money bills Review and approve legislation o Custom is money and revenue matters automatically get approval Comprised of: o 24 Ontario o 24 Quebec o 24 Maritime Provinces (NS, NB, PEI) o 24 Western Provinces (BC, AB, SK, MB) o 1 NFLD o 1 for each territory Responsible Government: a concept and tradition, not written down Prime Minister should pick Cabinet Ministers from these elected people If majority government puts forth legislation that is not passed and has no confidence, that government must resign o Free votes are used so people can vote what they want without risk of overthrowing the ruling party’s power Creating Laws: 3 bodies making laws : o executive or cabinet – elected – chose where society is going o legislative o courts – interpret laws and tell us what they mean introduced as a bill, approved by house, senate, governor general then becomes a statute. Federal, provincial governments make laws, Municipal governments make by-laws o They know intention of law, but exact interpretation not known till it is challenged Judges interpret the law (authority comes from constitution) Courts: 2
Residual power goes to feds (not sure of who should have power- tie goes to feds) Provincial Court - first trial court level, max penalty of 2 years less a day o Deals with majority of court cases. No jury trials. 1 (prov) Judge o Criminal Division: Crimes like theft under $5000, mischief, assault

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