Introduction to Law: History, Principles, and Landmark Cases in Canada

Posted on Jun 24, 2024 in Law & Jurisprudence

Chapter 1: Introduction to Law

Purpose of Law

Law is a reflection of society and its beliefs. When beliefs change, laws should too. A rule is a guideline that people should follow, while a law is a rule enforced by the government and is mandatory.

The 5 functions of law are:

  1. Establish rules of conduct
  2. Provide a system of enforcement
  3. Protect rights and freedoms
  4. Protect society
  5. Resolve disputes

Divisions of Law

Substantive Law

Outlines your rights and obligations. There are two types:

  • Public Law: Controls the relationship between people and the government.
    • Criminal Law: Outlines offenses against society and their punishments (e.g., Criminal Code of Canada).
    • Constitutional Law: Outlines the structure and powers of federal and provincial governments (e.g., The Charter).
    • Administrative Law: Outlines the relationship between citizens, government boards, and agencies.
  • Private/Civil Law: Outlines the relationship between private citizens and other citizens or organizations.
    • Tort Law: Deals with wrongs one party commits against another (e.g., suing for damages).
    • Family Law: Regulates aspects of family life and relationships between persons (e.g., custody battles).
    • Contract Law: Outlines requirements for legally binding agreements; violations are settled in court.
    • Property Law: Outlines the relationship between people and property (e.g., lease agreements).
    • Labour and Employment Law: Governs the relationship between employers and employees (e.g., working conditions, wages).

Procedural Law

Outlines the steps that protect your rights (e.g., the procedure to obtain a search warrant).

Early History of Law

  • Code of Hammurabi (c. 1754 BCE): One of the earliest known written legal codes, it comprises 282 laws covering various societal issues, including criminal justice, civil disputes, and commercial transactions.
  • Hebrew/Mosaic Law: A set of religious and civil laws found in the Torah, encompassing moral, ethical, and legal principles governing various aspects of life.
  • Roman Law and the Justinian Code (6th century CE): A comprehensive legal system that served as the basis for much of European law, codified under Emperor Justinian I.
  • Feudalism and Common Law: Feudalism was a medieval social and economic system, while common law, developing in England, was based on customs and precedent rather than written laws.
  • Precedents/Case Law: Legal decisions made by judges in previous cases that serve as a basis for deciding similar future cases.
  • Rule of Law – Magna Carta (1215): The principle that all individuals and institutions are subject to and accountable to law. The Magna Carta established limits on the monarchy’s power and affirmed legal rights for English nobles.
  • Introduction of Parliament and Statute Law: Parliament evolved as a representative body involved in lawmaking. Statute law refers to laws passed by Parliament.

Key Developments in Human Rights

  • Magna Carta (1215): Established that no one, not even the king, is above the law.
  • Universal Declaration of Human Rights (1948): Declares the basic human rights and freedoms to which all individuals are entitled.
  • Canadian Bill of Rights (1960): A federal statute that recognized and declared certain rights and freedoms.

Division of Powers in Canada

  • Federal Powers: Control laws affecting the entire nation (e.g., Charter, Criminal Code, carbon tax).
  • Provincial Powers: Control laws affecting their specific province (e.g., sales tax, hospitals, school boards, civil rights).
  • Municipal Powers: Control laws affecting their specific municipalities (e.g., property tax, utilities, childcare, emergency services).

Passing of Federal Laws

A bill is introduced in the House of Commons, then the Senate. After passing both, it receives royal assent from the Governor General and becomes law.

Chapter 2: The Charter of Rights and Freedoms

Landmark Cases and Key Provisions

  • Oakes Case: Established the principle that assumptions cannot be made in a case and that proof of guilt is required. Led to the development of the Oakes Test, a two-step proportionality test used to justify limitations on Charter rights.
  • Keegstra Case: Highlighted the tension between freedom of speech and hate speech. The Supreme Court ruled that the government’s decision to limit Keegstra’s freedom of speech was justified.
  • Notwithstanding Clause (Section 33): Allows governments to pass laws that may violate certain Charter rights, but only for a limited time.

Fundamental Freedoms (Section 2)

  • Freedom of religion
  • Freedom of thought, belief, and expression
  • Freedom of the press and other media
  • Freedom of peaceful assembly
  • Freedom of association

Legal Rights (Sections 7-14)

  • Section 7: Right to life, liberty, and security of the person.
  • Section 8: Protection against unreasonable search and seizure.
  • Section 9: Protection against arbitrary detention or imprisonment.
  • Section 10: Rights upon arrest or detention.
  • Section 11: Rights on criminal charges.
  • Section 12: Protection against cruel and unusual punishment.

Equality Rights (Section 15)

Guarantees equal protection and benefit of the law without discrimination.

Contemporary Issues and Organizations

  • G20 Riots: Raised concerns about police conduct and the balance between security and civil liberties.
  • CCLA (Canadian Civil Liberties Association): Advocates for the protection of civil liberties and human rights in Canada.

Chapter 3: Social Justice and Equality in Canada

Women’s Rights

  • Right to Vote (1916): Women gained the right to vote in Canada.
  • Persons Case (1929): Established that women are considered “persons” under the law and eligible to hold public office.
  • LEAF (Women’s Legal Education and Action Fund): Works to advance gender equality through litigation, law reform, and public education.
  • Employment Equity Act (1995): Aims to achieve equality in the workplace by removing barriers to employment for designated groups, including women.

Aboriginal Rights

  • Indian Act: Historically oppressive legislation that aimed to assimilate Indigenous peoples.
  • Elijah Harper: A First Nations politician known for his advocacy for Indigenous rights.
  • Section 25 of the Charter: Protects existing Aboriginal and treaty rights.
  • Truth and Reconciliation Commission: Examined the legacy of the residential school system and issued calls to action for reconciliation.

Immigration and Discrimination

  • Chinese Exclusion Act (1923): A discriminatory law that prohibited Chinese immigration to Canada.
  • Wartime Discrimination: Japanese Canadians and other minority groups faced internment and discrimination during World War II.

LGBTQ+ Rights

Ongoing struggle for equal rights and recognition, including same-sex marriage and protection from discrimination.

Disability Rights

Advocacy for accessibility, inclusion, and equal opportunities for people with disabilities.

Discrimination

  • Intentional Discrimination: Based on prejudice and bias against a particular group.
  • Stereotyping: Making assumptions about individuals based on their group affiliation.

Landmark Legal Cases

Cases Impacting Criminal Justice

  • Keegstra Case: Addressed the limits of free speech in the context of hate speech.
  • R v. Tessling: Examined the use of thermal imaging technology and reasonable expectation of privacy.
  • Oakes Case: Established the Oakes Test for determining the reasonableness of limitations on Charter rights.

Cases that Changed Society

  • R v. Stinchcombe: Affirmed the Crown’s duty to disclose all relevant information to the defense, ensuring a fair trial.
  • Vriend v. Alberta: Extended human rights protections to LGBTQ+ individuals in the area of employment.
  • R v. Ewanchuk: Clarified the definition of consent in sexual assault cases, establishing that “no means no.”
  • Charkaoui v. Canada: Challenged the use of security certificates, which allowed for the detention and deportation of non-citizens without full disclosure of evidence.
  • Reference re Same-Sex Marriage: Led to the legalization of same-sex marriage in Canada.
  • Persons Case: Recognized women as “persons” under the law, paving the way for women’s participation in public life.
  • Via Rail Case: Upheld the rights of people with disabilities to accessible transportation services.
  • Siadat v. Ontario College of Teachers: Addressed the duty to accommodate individuals facing barriers related to their refugee status.
  • G20 Protests – Charter Violations: Raised concerns about police conduct and potential violations of Charter rights during protests.

Criminal Law in Canada

Types of Offenses

  • Summary Offenses: Less serious offenses.
  • Indictable Offenses: More serious offenses.
  • Hybrid Offenses: Can be prosecuted as either summary or indictable offenses.

Elements of a Crime

  • Actus Reus: The guilty act or conduct.
  • Mens Rea: The guilty mind or intent.

Types of Intent

  • General Intent: Intent to commit the act itself.
  • Specific Intent: Intent to commit the act with a further criminal purpose.

Types of Evidence

  • Circumstantial Evidence: Evidence that allows for inferences to be drawn.
  • Direct Evidence: Eyewitness accounts or evidence that directly proves a fact.
  • Real Evidence: Physical objects presented as evidence.
  • Demonstrative Evidence: Evidence that illustrates or clarifies testimony, such as maps or diagrams.