5 primary functions of the Law?
- Denunciation
- Appropriate Retribution
- Protection
- Rehabilitation
- Compensation/Restitution
Function of Denunciation?
A strong symbolic function. Expresses society’s most deeply held values.
Function of Appropriate Retribution?
An important justice ideal is that those who contravene important societal values are punished proportionately to their crime.
Function of protection?
To help prevent and deter serious antisocial behaviour.
Function of Rehabilitation?
Sociologically re-program offenders to internalize the values which society holds to be important. It may also encompass other practical training so that the offender may succeed in society as a law abiding citizen.
What part of law is Compensation/Restitution used?
Vast majority of non-criminal law. Some features of criminal law with this aspect.
What is Canadian Law directed from?
England and Wales systems.
Who established a uniformed police force and where?
Sir Robert PEEL. Established London Metropolitan Police Act establishing a uniformed police force, in the 19th century.
How is Canadian Law broken down?
Constitution of Canada->S. 91 and S. 92 of the Constitution Act of 1867
S.91-> Federal statutes (Inc. C.C) -> Federal Regulations(-> Territorial Governance) and Federal Law enforcement
S. 92-> Criminal Law enforcement, Private Law ie. Civil code in Quebec, and provincial statutes(->Provincial Regulations and Municipal Bylaws)
Civil Law four legal meanings
- All non-military law
- Private law
- Napoleonic law
- Human or charter rights
All non-military law
All law found outside of code of service discipline found in the national defence act.
Define private law
In the Constitution act 1867 sections 92(13) Civil rights mean private law, the portion of the law where government is not usually a cheif actor.
In R. v. accused, what does R stand for?
Regina or Rex, Latin for Queen or King.
Human or charter rights definition
Civil rights is constitutionally synonymous with private law.
Examples of civil law
- A person falls down your stairs and breaks a leg, they sue for negligence on your part
- While driving at the speed limit your car slides on ice and hit another car. The other driver claims damages.
- You sign a contract to do work for an acquaintance, but at last minute they change their mind and tell you they don’t need your services, you take them to court for payment of the contract.
Sources of criminal law
- Statute law
- Regulations and or orders in court
- Common law
- Case law
Statute law
Is the body of law which is enacted by a competent legislative body such as Parliament of Canada’s or the legislative assembly of a province or territory.
Regulations and/or Orders in court
These laws are subordinate to a statute. They are made by the executive authority on government such as federal cabinet or the provincial cabinet when authorized by the statute.
Common law
Laws accepted because of custom or tradition. A wife cannot be forced to testify against her husband, generally.
Case law
Also known as law of precident, represents the law by competent authorities such as supreme Court of Canada or provincial court of appeal.
Federal powers
Exclusive authority to create criminal laws. Applicable to all of Canada. Laws governing each is known as a statute.
Provincial powers
Responsible for matters of a local nature in provinces. Liquor, traffic, parks, etc. Collectively called the Revised Statutes of Province
Municipal powers
Creates by-laws of a city, town, or village. Parking, noise, animals, etc. Enforced by municipalities within the limits of the municipality.
Law enforcement
-Agencies generally operate within boundaries of governing bodies they represent.
-Federal police within Canada
-Provincial police in each province
-Some overlap through agreements
