Ch. 1 & 2

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3 Apr 2012
JAN 18 - Notes
Canadian Constitution
British north America act - law that created Canada 1867
War of 1812 we burned “White House”
First America was a nation and we were still part of Britain
We united all the colonies so that America wouldn‟t take them
Federal Government - “Peace, Order, and Good Government
Provincial Government - “Property and Civil Rights”
1982 Canada Act - Britain no longer had jurisdiction over constitution
Same division of powers
Charter of rights and freedoms
Right to vote, opinion rights, discrimination rights
Relationship between you and the government
guaranteed...subject to responsible limitations in a “free + democratic”
changed Candian society so much!
Court Systems
Federal System: Federal Trial Court-> Federal Court of Appeal-
>Supreme Court of Canada
Provincial System: BC. Provincial Court->Supreme Court of BC->BC
Court of Appeal->Supreme Law of Canada
provincial court has different levels: basic criminal court, basic family
court, small claims court
you don‟t need a lawyer in provincial court
small claims court procedure
limitation act
claim only good for 2 years (TORT)
breach of contract 6 years
insurance claims 1 year
only exception is child abuse
file a notice of claim - pay fee
serve (deliver document) - have 1 year, do it by registered mail,
personal service, or order of substitutional service
they must file a reply within 10 days, or you automatically win
settlement conference arranged, non-appearance is a loss
if you can‟t settle, you go to a trial or hearing
make sure before everything that you will actually get the money, that
you still can sue them, and that you have a solid case
Supreme Court of BC Process:
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