What is law?
Law is the body of rules made by government that can be enforced by the courts or by other
government agencies
Substantive Law
The rights and rules that govern behaviour
and set limits on conduct
Procedural Law
determines how substantive laws will be
enforced
Public Law
Includes Constitutional Law and
determines how the country is governed
and regulates our relationship with
government
Private Law
Governs personal, social and business
relationships
Bijuralism
TWO LEGAL TRADITIONS - CIVIL LAW AND COMMON
LAW COEXIST IN CANADA
Civil Law Legal System
Quebec’s noncriminal legal system is based on the French Civil Code
Common Law Legal System
Remaining Provinces and Territories adopted the common law system from England. - Based on precedents
Stare Decisis
A system of justice where judges are required to follow precedent
R V KEEGSTRA (ALBERTA)
James Keegstra, an Alberta high school teacher, communicated
antisemitic statements to his students.
Charged under section 319(2) of Canada’s Criminal Code for
willfully promoting hatred against an identifiable group.
The Alberta Court of Appeal set the charges aside, declaring that
section 319 was unconstitutional because it violated Keegstra’s
right to freedom of expression under the Charter of Rights and
Freedoms.
R V ANDREWS (ONTARIO)
Andrews was the party leader of the Nationalist Party of Canda
(described as a “white nationalist political organization”).
Andrews was responsible for publishing materials advocating, inter
alia, white supremacy.
Andrews was convicted under section 319(2) of Canada’s Criminal
Code for willfully promoting hatred against an identifiable group.
The Ontario Court of Appeal upheld the constitutionality of the
same changes even though, it had the benefit of the AB decision.
British North America Act
- Created the Dominion of Canada
- Divided power among the executive, judicial and legislative branches of
government - Determined structures of power of the Provincial and Federal levels of
government
Constitution Act
- Statutes
- Case law on Constitutional issues
- Conventions: unwritten rules dictating how the government is to operate
and include the rule of law
Paramountcy
Powers of the federal and provincial governments can overlap considerably
What does the Charter Protect?
- Fundamental Freedoms
- Democratic Rights
- Mobility Rights
- Legal Rights
- Equality Rights
- Language Rights
Division of Powers
- Legislative Branch which creates legislation or statute law
- Judicial Branch which interprets legislation and makes case
law - Executive Branch which implements the law
Limitations on Charter rights
- Section 1: allows interference with rights and freedoms as may be
justifiable in a free and democratic society – Example: Hill v Church of
Scientology - Section 33: legislatures can pass acts that infringe on rights
“notwithstanding” the Charter, but legislation must be reviewed every 5
years (sunset clause) – Example: Quebec - Section 32(1): restricts operation of the Charter to government and
government-related activities - Example
