LAWS 2908 Lecture Notes - Lecture 5: Dismantled, Jason Kenny, Temporary Residency In Canada
Document Summary
Sources of law in common law system in canada: constitution. Laws must conform to constitution: legislation (and delegated legislation, common law (judicial decisions, common law rules can be overruled by statutes. Shortly after, 7 other courts in diff provinces struck down same common. Long established common law that contrevens s15 of equality= overturned law rule. Seen as violation of constitution: govt of canada enacted legislation called civil marriage act, changes def of marriage to allow same sex marriage, marriage btwn 2 people, became law of the land since the act was passed!!!!! Canada: govt can enact laws without need to consult courts and change common law system. Both systems exist and govern together common law can cover 1 area but legislation can govern in diff section for example ** Marriage- divorce- dividing up assets legislation; divide property but never married= rely on common law rules. Common law: private, common law system, rules and legislation created by parliament/prov legislators.
