Canadian Legal System: Principles, History, and Evolution

A1. The Inquiry Process

• Legal Significance: The importance of key legal principles, cases, social forces, and events in the evolution of law.
• Continuity and Change: Analyze how and why laws, justice system structures, practices, legal precedents, and legislative agendas change over time.
• Interrelationships: How laws affect society and how society affects law.
• Legal Perspective: Applying principles such as fairness, justice, equality, the presumption of innocence, and the rule of law when analyzing legal issues and cases.

Types of Questions for Legal Investigations

• Factual: These questions examine the facts of an event or issue to provide background information (e.g., What are my rights under the Charter?).
• Comparative: These questions identify patterns or differences between two or more events or issues (e.g., What are the pros and cons of different international dispute resolution methods?).
• Causal: These questions explore the reasons why an event or issue occurred (e.g., What are the effects of DNA testing on Canada's criminal justice system?).

Assessing the Credibility of Sources

• Currency: When was the information published or updated?
• Relevance: Does the information pertain to the research question?
• Accuracy: Are statements based on facts, and are citations included?
• Authority: Who is the author, and do they have credentials?
• Purpose: Is the source intended to sell, persuade, entertain, or inform?

B1. Legal Principles and Heritage

Historical Foundations

• Code of Hammurabi: Influenced the idea that laws should be written and publicly known; established government responsibility for maintaining order; introduced specific penalties for specific offences.
• Mosaic Law: Influenced the moral foundation of Canadian law, emphasizing respect for life, property, and honesty.
• Roman Law: Influenced civil law (especially in Quebec), introduced concepts of contracts and property rights, and promoted systematic legal organization.
• First Nations Customs: Contributed to restorative justice, treaty-based nation-to-nation relationships, and the adversarial court system.
• Magna Carta: Reinforced the rule of law, due process, and fair trials, influencing the Canadian Charter of Rights and Freedoms.
• British Law: The primary influence on Canadian common law, court structure, and the adversarial system.

Evolution of Roman Law

• Code of Justinian (6th Century): Preserved and organized Roman statutes into a cohesive system.
• Napoleonic Code (1804): A modern adaptation of Roman principles emphasizing equality before the law.
• Quebec Civil Code: A direct descendant of Roman law through the Napoleonic tradition, governing private law in Quebec.

Constitutional Evolution

• Royal Proclamation (1763): Recognized Indigenous land rights; influenced Section 35 of the 1982 Constitution.
• Quebec Act (1774): Protected French language, Catholic religion, and civil law, establishing legal pluralism.
• British North America Act (1867): Created the federal system and the framework for Canadian governance.
• Statute of Westminster (1931): Granted Canada full legislative independence from Britain.

B2. Branches of Government

The Three Branches

• Executive Branch: Enforces and administers laws (Prime Minister, Cabinet, Governor General).
• Legislative Branch: Makes and amends laws (Parliament, House of Commons, Senate).
• Judicial Branch: Interprets and applies the law (Independent courts, Supreme Court of Canada).

The Charter and the Judiciary

The 1982 Charter transformed judges into active guardians of rights, introducing judicial review. The notwithstanding clause (Section 33) allows legislatures to override certain rights to maintain democratic balance.

B3. Sources and Categories of Law

Sources of Law

• Constitutional Law: The supreme law of Canada.
• Statute Law: Laws passed by federal or provincial legislatures.
• Common Law: Law developed through court precedents.

Categories of Law

• Public Law: Governs relationships between individuals and the state (Constitutional, Administrative, Criminal).
• Private Law: Governs disputes between individuals or organizations (Tort, Contract, Family, Property, Employment).

B4. Development of Law

Societal Influence

Canadian law evolves alongside societal values regarding censorship, gambling, environmental protection, workplace safety, marriage equality, and marijuana legalization. Landmark cases like R. v. Morgentaler (1988) reflect these shifts.

Key Figures and Groups

Influential figures include John Diefenbaker (Bill of Rights), Tommy Douglas (Healthcare), and the Famous Five (Women's rights). Organizations like MADD and LEAF have significantly shaped legal reform.

Aboriginal Law Landmarks

• R. v. Sparrow (1990): Established the test for justifying limits on Aboriginal rights.
• Delgamuukw v. BC (1997): Recognized Aboriginal title and the validity of oral history.
• Tsilhqot’in Nation v. BC (2014): First declaration of Aboriginal title to land.