Canadian Law: Inquiry, Principles, and Heritage

Posted on Mar 12, 2026 in Law

A1. The Inquiry Process

Legal Significance

The importance of key legal principles, cases, social forces, and events in the evolution of law.

Continuity and Change

Analysis of how and why laws, justice system structures and practices, legal precedents, and legislative agendas change over time.

Interrelationships

How laws affect society and how society affects law.

Legal Perspective

Application of legal principles such as fairness, justice, equality, presumption of innocence, and the rule of law when analyzing legal issues, controversies, and cases.

Types of Questions to Guide Legal Investigations

Factual Questions
Explore facts of an event or issue and provide background information.
Example: What are my rights and responsibilities under the Charter?

Comparative Questions
Examine similarities and differences between two or more issues.
Example: What are the advantages and disadvantages of different ways of solving international disputes?

Causal Questions
Analyze why an event or issue occurred.
Example: What are the effects of advances in DNA testing on Canada’s criminal justice system?

Assessing the Credibility of Sources (CRAAP Test)

Currency: When was the information published or updated?
Relevance: Does it answer the research question?
Accuracy: Are facts supported by evidence and citations?
Authority: Who is the author and what are their credentials?
Purpose: Is the source meant to inform, persuade, sell, or entertain?

B1. Legal Principles

Code of Hammurabi

Laws should be written and publicly known.
Government is responsible for maintaining order.
Specific penalties for specific offences (reflected in the Criminal Code).

Mosaic Law

Moral foundation of Canadian law.
Respect for life, property, and honesty.
Law based on ethics, not just power.

Roman Law

Foundation of civil law, especially in Quebec.
Introduced contracts, property rights, and procedures.
Law should be systematic and organized.

First Nations Customs, Treaties & Early Adversarial System

Recognition of Indigenous legal traditions.
Emphasis on restorative justice.
Treaties established nation-to-nation relationships.
Early dispute resolution influenced adversarial courts.

Magna Carta

Rule of law.
Due process and fair trials.
Limits on government power.

British Law

Common law system.
Court structure and adversarial process.
Precedent (stare decisis).

Continuity of Roman Law

Roman Law (Foundation)

Property, contracts, family law.
Written, logical, codified law.

Code of Justinian (6th century)

Preserved and organized Roman law.
Clarified ownership and legal responsibility.
Formal codification of Roman law.

Napoleonic Code (1804)

Modernized Roman law.
Equality before the law.
Secular authority.
Adaptation of Roman principles.

Quebec Civil Code

Based on Napoleonic Code.
Governs private law in Quebec.
Direct descendant of Roman law.

Summary: Roman Law → Code of Justinian → Napoleonic Code → Quebec Civil Code

Influences on the Constitution Act, 1982

Royal Proclamation of 1763

Recognized Indigenous land rights.
Basis for treaty-making.
Influenced Section 35.
Indigenous rights exist independently of government.

Quebec Act, 1774

Protected French language, Catholic religion, civil law.
Established legal pluralism.
Influenced minority and cultural rights.

British North America Act, 1867

Created federal system.
Division of powers.
Renamed Constitution Act, 1867.
Foundation of governance.

Statute of Westminster, 1931

Full legislative independence.
Enabled patriation of the Constitution.

Overall: Gradual legal evolution, not sudden change.

B2. Legal Heritage

Branches of Government

Executive Branch

Enforces laws.
PM, Cabinet, Governor General, public service.
Proposes legislation.
Acts within judicial interpretation.

Legislative Branch

Makes laws.
Parliament and provincial legislatures.
Oversees executive.
Laws must comply with Charter.

Judicial Branch

Interprets law.
Independent courts.
Ensures constitutional compliance.
Can strike down unconstitutional laws.

Interrelationship

Separation of powers.
Checks and balances.
Prevents abuse of power.

Charter’s Impact on Judiciary

Expanded judicial power.
Judicial review.
Protection of rights.
Section 33 maintains democratic balance.

Key Constitutional Features

Division of Powers

Federal vs provincial authority.
Courts resolve disputes.

Canadian Charter of Rights and Freedoms

Protects fundamental rights.
Applies to all government actions.

Law Making and Amending

Constitutional procedures.
7/50 amending formula.

Recognition of Aboriginal Rights

Section 35.
Land, culture, self-governance.
Courts enforce rights.

B3. Legal Roles and Responsibilities

Sources of Canadian Law

Constitutional Law

Supreme law.
Structure of government.
Charter rights.

Statute Law

Laws passed by legislatures.
Can be amended or repealed.

Common Law

Judge-made law.
Based on precedent.
Applies outside Quebec civil matters.

Categories of Law

International vs Domestic Law

International governs states.
Domestic applies within Canada.
Must be adopted to be enforceable.

Substantive vs Procedural Law

Substantive: rights and duties.
Procedural: how laws are enforced.

Public vs Private Law

Public: individual vs state.
Private: individual vs individual.

Areas of Public Law