Developed in english courts Law common to all as it was derived from previous

Developed in english courts law common to all as it

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- Law that is common to all people. Developed in english courts - Law common to all as it was derived from previous decisions - Follows rule of precedent - A judge rejecting a previous decision and creating a new precedent is known as a distinguishing case Statute Law: - Law passed by the government - Common law decisions that have formally been written into legislation (codified) - When no statute exists common law will be applied - Each level of government has power to create legislation but only within their jurisdiction Constitutional Law: - Canadian Constitution created in 1876 (British North America Act) - Amended in 1982 called Constitution Act - Sets responsibilities/limits for each level of government - If a law violates the constitution the court may declare it unconstitutional
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Categories of law: - See chart Canadian Court System: - Executive Branch: Includes prime minister and members of cabinet Sets policies, administers laws, controls government spending Provincial version includes premier and Cabinet The Legislative Branch Federal includes the house of commons and the senate Provincial includes the provincial legislature Has the power to make, change, and repeal The Judiciary Branch Independent of the other two branches Interprets the laws as they preside of the court system Interprets laws in light of the charter and can strike down laws that conflict with civil rights Unit 2: Rights and Freedoms Right- An entitlement that belongs to all people Freedom- Ability to conduct our lives as we see fit, feel secure in the knowledge that the government has passed laws and enforces them to protect us What Are Human Rights: -Fundamental rights and freedoms to which all people are entitled to because they are human beings Discrimination: - Treating a person unfairly or unequally because of his or her race, religion, or ability, etc. Accomodation- Eliminate or adjust requirements or conditions to enable a person to carry out essential elements of a job or activity -Stereotyping- Having over-simplified, standardized, or fixed judgment/characterization of a group of people - Bona Fide Job Requirement - Qualification essential for proper or efficient job performance - Undue Hardship- is defined as an "action requiring significant difficulty or expense". Result of change that would affect the economic viability. Produces substantial health and safety risk that outweighs the benefit of accommodation - Affirmative Action- Giving advantages to groups who have been discriminated against in the past
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Filing A Complaint: Complainant- Person lodging a complaint Respondents- Person who the complaint is against Prima facie- legally convincing unless disproved by contrary evidence Defences Against Human Rights Code Violation: Due Diligence- The accused took every reasonable precaution to avoid committing a particular offense Fundamental Freedoms: Freedom of Conscience and Religion (Section 2a) - You have a right to entertain beliefs you choose, to
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  • Spring '18
  • Law, criminal law, CROWN, Indictable offence

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