Please enable JavaScript.
Coggle requires JavaScript to display documents.
Canadian Law - Coggle Diagram
Canadian Law
Branches of Law
Criminal Law
-
-
Summary Offenses (e.g., petty theft, minor assault)
Indictable Offenses (e.g., murder, robbery)
-
Examples of penalties: incarceration, fines, probation
-
Contract Law
Governs agreements, breaches, and remedies
Administrative Law
Deals with government agencies' decisions (e.g., immigration, employment tribunals)
Family Law
-
Divorce, child custody, and support issues
-
-
Sources of Law
Common Law
- Based on judicial decisions (case law)
- Stare decisis (precedent-based rulings)
Statute Law
- Laws created by legislative bodies (e.g., Parliament)
- Examples: Criminal Code of Canada, Youth Criminal Justice Act
-
-
The Legal System
Court Structure
Provincial Courts
- Handle most criminal cases, small claims, and family disputes
Superior Courts
- Serious criminal offenses and civil cases over monetary thresholds
Federal Court
- Cases involving the federal government, immigration, and intellectual property
Supreme Court of Canada
- Final court of appeal
- Nine judges appointed by the Prime Minister
Supreme Court of Canada
- Final court of appeal
- Nine judges appointed by the Prime Minister
Legal Professionals
Lawyers
- Crown prosecutors vs. defence lawyers
Judges
- Neutral decision-makers ensuring fairness
Notable Cases
-
R. v. Morgentaler
Established the Oakes Test for Charter violations (e.g., limiting rights must be demonstrably justified in a free and democratic society).
R. v. Big M Drug Mart
-
-
Challenged the Lord’s Day Act, which required Sunday store closures.
Outcome: The act was struck down for violating freedom of religion, reinforcing that laws cannot impose a specific religious observance.
-
Law Enforcement
Arrest and Detention
- Right to know reasons for arrest
- Right to remain silent and consult legal counsel
Search and Seizure
- Must be reasonable under the Charter
- Warrants required in most cases
Criminal vs. Civil Law
Burden of Proof
- Criminal: Beyond a reasonable doubt
- Civil: Balance of probabilities
Outcomes
- Criminal: Punishments (e.g., jail, probation)
- Civil: Remedies (e.g., damages, injunctions)