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Lecture 7

LAWS 1000 Lecture 7: DETAILED LEC NOTES - CARLETON UNI - JANE DICKSON
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Department
Law
Course
LAWS 1000
Professor
Jane Dickson
Semester
Fall

Description
Lecture 7 Legal Studies LAWS 1000-C THE ORGANIZATIONAND STRUCTURE OF CANADIAN LAW Required Readings: I. Course Reader, 13(e). II. “The Courts and other Forms of Dispute Resolution,” in Patrick Fitzgerald, Barry Wright & Vincent Kazmierski (2010) Looking at Law. Canada’s Legal System. Toronto: LexisNexis, Pp.107-120. Case: The Case of the Haunted Purchase: Buyers ‘Boo-ware’? Charge: REVIEW: MAKING THE LAW... • Influences: Civil and Common Law • Sources of Law: • Subsidiary & general: • Subsidiary sources include: 1. General & specific customs 2. Books of authority • Principal sources include: 1. Legislation – federal & provincial 2. Precedent & stare decisis • “Stand by the decided case” • Ratio dicendi Obiter dicta Morton: Precedent & stare decisis – 2 aspects: • 1. Provides continuity & certainty in law 2. Ensures ‘rule of law, not of men’ • Llewellyn: ‘double doctrine of precedent’ • ‘strict view’focuses on facts • ‘loose view’focuses on language • Double doctrine can permit wildly variant interpretations of a single precedent – impacts certainty in outcome, but not process TODAY: ORGANIZATION & STRUCTURE OF CANADIAN LAW • British system within federal state structure • ConstitutionAct, 1867 delineates responsibilities for courts and administration of justice • S.92(14) Provincial responsibilities S.101 Federal responsibility • • S.96,99,100 Federal authority to appoint judges WHAT DO THESE CONSTITUTIONALARRANGEMENTS MEAN? • Most matters dealt with in provincial courts • Judges of provincial courts may be federal or provincial appointments • Appeals heard by federally-app’d judges • Feds and Provinces have established specialized courts JURISDICTION: • Authority of a court to hear, adjudicate and give decisions • Authority derived from statutes which may define jurisdiction in different ways, ie., geographic • Lower level/inferior courts – limited jurisdiction! Superior courts – largely unlimited jurisdiction! • Lecture 7 Legal Studies LAWS 1000-C THE STRUCTURE OF THE CANADIAN COURT SYSTEM: • Inferior/Provincial Courts 1. Criminal Division 2. Youth and Family Division 3. Small Claims Division 
 1. Criminal Division: • Summary & Indictable offences • Summary offences: • Less serious • Triable by “JP” or Provincial Court Judge • Information/laying of an information • Indictable Offences • More serious, carry more severe penalties • 3 types of Indictable offences: S.553 offences – provincial jurisdiction, no election • • S.469 offences – superior court jurisdiction, judge alone or judge & jury • Residue – election (3 trial modes) • Hybrid Offences 2. Youth and Family Division of Provincial Court • Hears matters arising within families • Some YCJ offences • Les
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