Understanding Canadian Law: Substantive, Procedural, Public, and Private
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Substantive and Procedural Law in Canada
Substantive Law
Substantive law encompasses the rights and rules that govern behavior and set limits on conduct.
Procedural Law
Procedural law determines how substantive laws will be enforced.
Public and Private Law
Public Law
Public law includes constitutional law and determines how the country is governed. It also regulates our relationship with the government.
Private Law
Private law governs personal, social, and business relationships.
Canada's Constitution
The Constitution Act, 1982, formerly known as the British North America Act, created Canada in 1867. It serves as the "rulebook" that the government must follow. It includes the Charter of Rights and Freedoms.
Canada's Constitution has three elements:
- Statutes
- Case