Module 2 - Structure of the Cdn Legal System (1).pptx - The...

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The Structure of the Canadian Legal System 1
Module # 2: The Structure of the Canadian Legal System Learning Outcomes for Module: Students are able to demonstrate: 1. Identify the fundamental features of the Canadian legal system 2. Identify how laws in Canada are made 2
Topics Covered in Module # 2 The systems of government and their defining features The constitutional division of legislative powers in Canada, including but not limited to the doctrine of ultra vires, the residual power in s. 91, and the doctrine of Parliamentary supremacy or paramountcy The three branches of Canadian government and their roles at the federal and provincial levels as well as the key players in each branch The federal legislative process The types of legislation and which levels of government create them The nature, protections, and application of the Charter of Rights & Freedoms The nature of public and private laws 3
Pre-class Preparation for Module # 2 1. Carefully review the PowerPoint slides 2. Read pp. 12 to 23 in chapter 1 entitled “Risk Management and Sources of Law” found in the course textbook Managing the Law: The Legal Aspects of Doing Business 3. Look over questions 6, 10, 12, 14 and 18 at pp. 26 to 27 in the above-noted textbook. 4. Do the online pre-class exercise for module # 2 by 11:59 p.m. Eastern Time the evening before your class on the topic. 5. Take the online Slate quiz found in module # 2 by no later than 11:59 p.m. Eastern Time the evening before your class. Note : Quiz is worth 2% of course grade AND failure to take it by the deadline results in an automatic loss of 2% of course grade. 4
The System of Government in Canada Sections 17, 69, 70 & 88 of the Constitution Act, 1867, say that Canada shall have a federal legislature known as the “Parliament of Canada” and a series of provincial legislatures, thus, giving Canada a “ federal ” system of government 5
The Three Systems of Government There are three systems of government in the world, namely: 1. Unitary 2. Federal 3. Confederate ( Encylopaedia Britannica and SparksNotes ) 6
The Unitary System of Government The constitutional power to govern the state or country resides in one centralized government . An example is the United Kingdom of Great Britain and Northern Ireland where the centralized government is at Parliament in London. 7
The Federal System of Government The constitutional power to govern the state is “divided between two autonomous sets of governments, one national and the other subnational, both of which operate directly upon the people” (political system, 2014) – Canada is an example, so what do all the buildings below indicate? 8
The Confederate System of Government The constitutional power to govern the state is shared by a number of separate states that delegate powers to a central, subordinate government for certain purposes ( Duhaime ).

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