LAWS 1000 Lecture Notes - Lecture 4: Fundamental Justice, Canada Act 1982, Ultra Vires
Document Summary
Dominant influences on canadian law & legal processes: civil law tradition, common law tradition, aboriginal legal traditions. Differences between civil & common law: cases, scholarship & the importance of precedent. Reconciling civil & common law: cpr v. robinson, desrosiers case. Impacts of two legal traditions in quebec: mixed system". Bouchard & taylor reconciling rights: goal is minimal impairment, maximum enjoyment of right. Sue is dead, have to have a body. Gary and rosemary had the intention (mens rea) to kill her, he had the hammer. Broke the chain: not hitting her, calling the ambulance and accident. Today: law, the state and the constitution. What the constitution act, 1867 did: brought together provinces & federal government in a federalist system. Monday, september 29, 2014: federalism : the political mechanism by which diversity could be reconciled with unity , powers divided between central federal government and provincial governments. Dominion: recognized power of crown & parliament of great britain over canadian.
