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York University
Administrative Studies
ADMS 2610
Robert Levine

Law Lecture 1Topics Sources of law Common law Equity Statute law Constitution Canadian Charter of Rights and Freedoms Judicial System Civil Court Procedure Administrative Tribunals Alternative Dispute Resolution ADR Legal ProfessionChapter 1The sources and Components of Modern Canadian Law Law rules of civil conduct Set of rules that enable people to live together and respect each others rights Roles of law i Settling disputes ii Establishment of rulesto bring order and minimize conflict iii Protection of ones self possessions ideasJudicial Principle Judges in lower courts must follow higher court direction when dealing with similar facts and issuesThe Common Law the law as found in the recorded judgments of the court sometimes referred to as case law Creates certainty and predictabilityPredictable yet flexible more flexible than civil code can adapt to social changes like sames sex marriage and requires familiarity with ongoing evolution of statute and case lawJudicial reasoning and the principles applied by the judges were readily available by the way of these reports and the common law could be determined form them through the doctrine stare decisisStare Decisis to let a decision stand or to stand by previous decision is the theory of precedent in Common Law Means that a judge must apply theprevious decision of a case similar to the one before the court if the facts of the two cases are the same providing such a decision was iFrom the judges own courtiiFrom a court of equal rankiiiFrom a higher superior courtOnly the Supreme Court of Canada has the unrestricted ability to overrule its previous decisions Canon Law the law developed by the church courts to deal with matters that fell within their jurisdictionLaw Merchant the customs or rules established by merchants to resolve disputes that arose between them and that were later applied by Common Law judges in cases that came before their courtsEquity rules originally based on decisions of the king rather than on the law and intended to be fair It is not part of common law but rather body of legal principles that takes precedence over the common law when the Common Law and Equity rules conflict Fairness equality justice Statute Law established by the governing bodies of a particular jurisdiction Statutes are the product or end result of a legislative process wishes of the people interpreted by the members of a provincial legislature or the Parliament of Canada are debated in the legislative assembly and if the majority of the legislators believe that the law is necessary then if approved by House of Commons and Senate it becomes a lawSteps of the Bill thats how a statute law begins iA bill is a proposed law presented to a legislative body like the House of Commons or a provincial Legislature iiBill requires a motion decision to read the bill a first time to have the bill read a first time and printed for circulation iiiThen becomes debatable after second readingiv If it passes a second reading then it is sent to a committee of the House or legislature for study on a clausebyclause basis vMust be passed one clause at a time and any member of the committee may propose amendmentsvi Once it has been passed by the committee the Chair of the Committee reports it in final form to the legislature viiMay be subject to further debate and amendment before the bill is given a third reading If passed in the sense that a motion to have the bill read a third time is carried by a majority voice the bill is then sent to the Senate at the Federal levelviiiOnce a bill has been passed by the HOC and Senate or the provincial legislature it must receive royal assent by the Governor General federally or the LieutenantGovernor provincially Royal assent is largely automatic as it has never been refused at the federal level ixIf receives royal assent a bill becomes a LAW unless the govt doesnt want to implement the law right away then it has to be proclaimed aka become effectiveAdvantage of statute law unlike Common Law at least in theory its relatively easy to change the laws and may be quickly changed in response to the demands of the publicDisadvantage it will be strictly taken by the courts Unless it is very carefully drafted it may not achieve its intended purposeCivil Code a body of written law that sets out the private rights of the citizens of a stateAdministrative Law growing part of statute law Primary focus is directed toward the regulations made under statute law and enforced by administrative bodies While legislation usually creates laws or repeals old laws it may also create agencies or administrative tribunals to regulate activities or do specific things The constitutional Foundations of Canadian LawConstitution the basis upon which a state is organized and the powers of its government defined Sets out both the fundamental rights and freedoms of citizens and the lawmaking powers of the various legislative bodies of the stateCanadian Constitution The Canadian charter of rights and freedomsNow deeprooted in the constitution which may only be repealed or amended by an Act of Parliament consented to by at least 23 of the provinces that together contain 50 of the countrys populationCharter specifically permits Parliament or provincial legislatures to pass legislation that conflicts with or overrides fundamental freedoms legal rights and certain equality rights by way of a notwithstanding clause S33 This allows statutes to be enacted to meet special situations without the necessity of a constitutional amendmentFundamental FreedomsiFreedom of conscience and religioniiFreedom of thought belief opinion and expression including freedom of the press and other media of communication
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