- 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
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
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