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Canadian Law Unit 1 By Jaskirat Dabb - Coggle Diagram
Canadian Law Unit 1 By Jaskirat Dabb
What is Law, Why do we have it?
Laws are enforced rules that must be followed by everyone for a society to function
Without the Rule of Law, our society would not be able to function because then anyone could do anything without any consequences, making life more dangerous for everyone.
An individual's freedoms are determined by the law. Without the Rule of Law, nobody would have rights and freedoms. This would mean that you were essentially powerless and that anything could be perpetrated against you and nothing could be done about it.
Divisions of Law
Substantive Law: Identifies the rights and duty of a person.
Public Law: The area of law that deals with activities between peopleand the goverment.
Criminal Law: Prohibits and punishes behaviours that injure people, properties, and society.
Administration Law: Governs relations between people and government agencies, boards and departments.
Constitutional Law: Explains how the government and country will be set up and run.
Private Law/Civil Law: Regulates disputes between people, business and organisations.
Family Law: Governs relations between members of family such as marriage, divorce and child support.
Tort Law: Governs wrongs or damages that a person or company causes another that does not involve a contract.
Employment/Labor Laws: Governs employer/employee relations, work place safety, employment contracts and unions.
Contract Law: Governs the agreement between people or companies to purchase or provide goods or services.
Estate Law: Regulates wills and probates
Property Law: Applies to intangible property such as copyright, bonds, patents and stocks or tangible property such as buildings and jewellery.
Procedural Law: Outlines the method or procedures that must be followed.
Development of Canadian Law (Include info about the Iroquois Confederacy)
The Iroquois Confederacy was formed around 1142 and consisted of the nations of the Seneca, Cayuga, Onondaga, Oneida, Mohawk. The Great Law of Peace is the oral constitution of The Iroquois Confederacy.
Canadian laws were based on British and French Laws because they were the first europeans to colonize Canada.
What Canadian law got from British law is common law and needing precedent and what we got from French law is things being codified and written down.
The development of Canada’s Constitution
With the Constitution, Canadians had their rights and freedoms up front and center.
The Canadian Bill of Rights was passed in 1960 by John Diefenbaker, Prime Minister of Canada at the time.
Many civil rights and freedoms that had been established over many years under common law in Canada were codified in the Bill of Rights.
How Laws are made
Introduction and First Readings: The reading of the title of the bill happens and the bill is printed and receives a number.
Second Reading: The principle of the law is debated and voted on.
Committee Stage: The bill is examined by a relevant parliamentary committee and the bill is studies clause by clause.
Report Stage: A relevant parliamentary committee reports the amended bill and amendments are considered and voted on.
Third Reading: Debate and vote on the amended version of the bill
The bill is sent to the other chamber and the process is repeated.
Royal Assent: Royal Assent is given by the Governor General of Canada or by one of his/her deputies. The bill receives Royal Assent after being passed by both Houses.