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GEOG 2110
T.Ryan Gregory

Unit 1 The Law is the command of an independent body with authority, known as the sovereign, which regulates society and enforcement involving a set of rules from various sources with different aims. It is a system of rules used within the legal system, to regulate the state and provide its citizens with justice through control, change and resolution. This can been seen within an international, national or regional context. (1) Canadian Law is the result of the influence of customs, traditions and previous decisions. This is in an evolving system involving technological advances, globalization, social movements and an increasing number of rules established in legal cases. Canadian law can be classified as substantive or procedural then further divided to be private or public and criminal or civil. (1) Substantive Laws describe rights, duties and unlawful acts of the state and it’s citizens. In criminal law, these include crimes and punishments. In civil law, substantive laws include civil rights and responsibilities. Examples of these laws include the freedom of sexual orientation, voting, and physical assault. (1) Procedural Laws describe how substantive laws are used, administered, enforced and changed by those involved within the legal system. Examples of these laws include the use of court evidence, jury selection criteria and the process of filing charges. (1) Public Law details the structure, duties and powers of the government as well as the state’s involvement with its citizens. In Canada, public laws are created by provincial legislatures or by the federal government. Examples include the Constitution, Administrative Law and Criminal Law. (1) Private Law is the area of law that relates to private citizens without the intervention of the government. Examples of these laws include marriage, divorce and property. (1) Criminal Law is the body of laws that are a crime against the state although the act is committed against an individual. In Canadian Law, these are described in the Criminal Code of Canada. Violations against Criminal Law require proof that the guilty party committed the crime beyond reasonable doubt, including intent to harm. (1) Criminal Code of Canada (CCC) is a legal code of criminal offenses and procedures in Canada. These crimes are seen as condemnable and punishable. The state takes action against the offender through prosecution and the appropriate punishment such as imprisonment, rehabilitation, and deterrence. (1) Civil Law is a branch of law that deals with individuals or organization, where the guilty party must award compensation of damages to the wronged party. (1) Tort Law concerns public and private civil wrongs against persons that are not involved in a contract. An individual loss can either be a nuisance, negligence or intentional, and the wronged party receive compensation for the damages. (1) Justice is the act of being just and fair. This can be seen in the Canadian Charter of Rights and Freedoms to demonstrate fair and equal treatment for all. Justice can be found in punishment and compensation of the respective parties involved. In the pursuit of justice, context and norms must be considered. (1) Legal Institution is the structure of various groups that govern the behaviour of individuals by outlining the laws of that society. Canadian legal institution is a legal system involving elements from various institutions including the government and judicial systems in Canada. Common Law System is an English legal system used in all of Canada, excluding Quebec. This system is based off of precedents instead of a code. (1) Precedents are laws that are established in a legal case and then applied to other cases in the future. (1) Stare decisis is a rule that judicial rulings of higher courts must be applied as authority to lower courts in the same jurisdiction. This is a specific characteristic of the Common Law System. (1) Civil Law System is a legal system that uses a written codification of rules as opposed to the Common Law’s stare decisis. This is a Romano-Germanic legal system used in Quebec. (1) The Civil Code of Quebec is the legal system of Quebec, which works with the Constitution and the Canadian Charter of Rights and Freedoms to govern the province. (1) The Legislature is a branch of government that has the purpose of creating laws. These laws may be proactive or reactive, as well as changes to previous laws. In Canada, there are ten provincial legislatures and one federal legislature called Parliament. (1) The House of Commons is a part of Parliament that votes on the acceptance of a new bill or amendments. The Members of Parliament belong to the House of Commons are elected as representatives from areas across Canada. (1) The Senate is an appointed bureaucratic group that does not belong to a particular political party. Once a bill has been passed in the House of Commons, it needs approval from the Senate. This group acts as a check of the government power and discusses the interests of society as concerned with the bill. (1) The Governor General is the final authority for passing a bill into federal statute. This person is the British Monarch’s representative and carries out the Queen’s duties in Canada. (1) The Provincial Legislature is similar to the House of Commons but within a Canadian Province. The representatives are elected from various smaller areas in that province. (1) The Lieutenant Governor is the final authority to pass a bill into provincial statute. (1) The Executive is a branch of the government with the responsibility of decision making on a daily basis within specific jurisdictions such as budgets and spending. This branch is responsible for executing new legislation and can also suggest amendments based on party interests. (1) The Provincial Executive is part of the government of a province, involving a Premier and Department Ministers, and executes new legislation affecting that province. (1) The Federal Executive is primarily consisting of: the Prime Minister, the Deputy Prime Minister and the Cabinet, who are elected representatives of their areas in Canada and then chosen within their party to their positions. (1) The Judiciary is a system of courts that apply law to resolve disputes through the process of adjudication. To achieve this, the court system must follow an objective and impartial in the pursuit of justice. The courts also fulfill stare decisis within the Common Law System. Provincial and Territorial Courts is a first level court in Canada and is involved with issues such as civil, family, traffic, most criminal and bylaw cases. (1) Provincial and Territorial Superior Courts is part of the second level system in Canada and is involved with divorce and more serious crimes within that province or territory. (1) Federal Court is a second level court, which resolves intellectual property; multi- provincial and federal cases are brought to justice. (1) Provincial and Territorial Appellate Courts is part of the third level of the court system in Canada, which reviews previous cases from that province or territory. (1) FederalAppellate Court is a part of the third level of the court system, which reviews previous federal cases. (1) Supreme Court of Canada is the fourth level of the court system and is the final authority for all Canadian criminal and civil cases. (1) Administrative Bodies are a quasi-judicial authority that interprets and applies regulations and policies as a method of social control. (1) Administrative Tribunals are rules based off of law and are specialized in an area to be enforced byAdministrative Bodies. These procedures are independent from the government and must be followed by the public. (2) Aconstitution is a declaration, which establishes and orders the state’s political system, institutions, department functions, and responsibilities of the government, the legal structure as well the methods that the state relates to an individual. (1) The British NorthAmericaAct 1867 was created by the British imperial system establishing Canada as a self-governing subordinate unifying all colonies as the Dominion of Canada and establishing the governmental system.Also known as the ConstitutionAct 1867. (1) The ConstitutionAct 1982 is an amendment to the ConstitutionAct 1867, which establishes Canada as an independent state, which also featured an improvement on indigenous rights and the Canadian Charter of Rights and Freedoms. (1) The Federal Government of Canada consists of all three branches of government, all federal department and agencies as well as the division of power, the operation of fiscal federalism and the Canadian Constitution. (3) The Provincial Government in Canada consists of three branches of legislature as well as the provincial ministers and departments, as established under the Canadian Constitution. Each provincial government has control over the social services and power to local areas. (1) The Municipal Governments the local government for individuals living within a defined area with defined powers, responsibilities and public services. (4) Regions with upper-tier and lower tier municipalities are a system where one municipality that provides services to residents to a smaller municipality. These are similar to a county but are classified as distinct towns or cities. (4) Single-tier municipalities are cities where there is only one level of local government in an area; these areas usually have a greater population density. (4) ACounty is an area in Southern Ontario, usually composed of agricultural land that is a federation of the local municipalities within that area. (1) The Regional Council is a group of an elected Regional Chair and Councilors as part of each region’s municipality. (1) Municipal Council is part of the government for each constituency including an elected Mayor and members of the council. This group has the authority to vote on issues within the municipality and may also be further divided into departments and administrative bodies. (1) Ontario’s MunicipalAct describes the responsibilities, powers and duties of municipal governments in Ontario within their jurisdictions. (5) Ministry of MunicipalAffairs and Housing is the authority over the constituencies belonging to the MunicipalAct and works to improve communities by promoting a safe and prosperous housing market within Ontario. (6) The PlanningAct RSO 1990 was created by MMAH to describe the municipalities’ power over planning for private land use. (1) The First Nations are an aboriginal group of people who are not Inuit or Metis in heritage and live in Canada. (1) The IndianAct was created in 1880 by the Ministry of IndianAffairs and Northern Development and then amended in 1985 to include “the definition of an Indian and a band, and regulations regarding registration, property, trading, schooling, taxation governance, elections, public access, mental illness and monies.” (1) The Ministry of Indian and NorthernAffairs Canada (INAC) is the local authority over the First Nations as indicated in the IndianAct 1985 and relates their affairs to the federal government. (1) The Assembly of the First Nations (AFN) is a federal organization to represent the collection of the First Nations bands. (1) Band Council Resolutions are by-laws created by the Chief and band council of all the First Nations, after approval from the Minister of the INAC. (1) The Ontario Ministry ofAboriginalAffairs was created to strengthen the relationship between the government and the First Nations including collaborating on important issues and achieving joint goals. (1) Peace and Friendship Treaties were the negotiations between the First Nations and the European Colonies prior to 1867. Occasionally, these are still used to settle disagreements. (1) Numbered Treaties were signed by the settlers and the First Nations between 1871 and 1921. (1) Aboriginal Rights are the rights thatAboriginal people have including unique cultural practices, traditions and customs prior to European Settlement. (7) Treaty Rights areAboriginal Rights to make treaties with the Canadian government and establishes all treaties before 1982 as well as modern agreements to be followed. (7) The Canadian Charter of Rights and Freedoms is a bill of rights guaranteeing political and civil rights for all citizens as well as fundamental freedoms of life. This bill is legally binding to the government and the judiciary is responsible for it’s enforcement. (1) Legislation is the product of provincial and federal legislature of creating statutes. (1) Statutory Law is a written law that provides the content, structure and processes needed to govern society and expresses the will of the legislature. (1) Abill is a proposed law that is being considered by legislature. This can be seen as a draft of a potentially new law. (1) An Act of Parliament is a statute that has been approved by legislation. (1) Regulatory Intent is first used as a broad policy initiative created by legislation, then sent to specific administrative bodies to add more detail to the statute through regulations. (1) Regulations are a set of rules developed by administrative bodies or the Cabinet with appropriate enforcements. Regulations are usually a method of applying legislature and monitoring its compliance; can also be reviewed internally and externally. (1) The Clean WaterAct, 2007 is a regulation in Ontario to establish safe drinking water standards though source water protection. These are basic rules, which must be applied by various water source protection committees. (1) Policy is an official statement of intent that is not always legally binding and instead provides decision-making guidance for private or public sectors. (1) Public Policy originates from a political context, as opposed to private sector such as businesses and not for profit organizations. (1) The Provincial Policy Statement was created by the PlanningAct provides a context on land use planning and management within Ontario. This has indirect legal authority through acts of legislature and regulations about planning decisions. (1) Unit 2 The MunicipalAct, S.O. 2001 is an Ontario legislativeAct, under the authority of the Ontario Ministry of MunicipalAffairs and Housing, which recognizes municipalities to be a responsible level of government with specific responsibilities and powers. This act was intended to conjoin multiple municipality acts into one common form for governance purposes. (8) The City of TorontoAct, 2006 describes specific additional powers relevant to the Toronto municipal government that was created with knowledge of specific issues within the City of Toronto, which were not considered in the MunicipalityAct. Examples include changes and additions to transportation, highways, economic development and financial management. (1) The ten principle spheres are broad powers given to municipalities in the MunicipalAct, so that they may approach the areas specified to be relevant to the local interest and ability. (8) Permissive provisions are procedures, which may be used or not used under the power of that municipal government. Mandatory provisions are not optional procedures and municipalities must follow these. Municipal Service Boards are created under the authority of municipalities to further delegate specific tasks for these groups. Examples of the authorities that may be delegated include utilities, waste management, parking, and transportation. (1) The Memorandum of Understanding set principles that municipalities and provincial governments have distinct and recognizable powers that can work in conjunction with appropriate communication between the Minister of the MMAH and theAssociation of Municipalities of Ontario. (8) Apermit is a documentation authorizing a person or business to perform certain acts. (9) Alicense is certification that a person or business has authority to do something requiring governmental approval (9) An approval is a regulation in which people have to do things as required by law. Taxation is a process of collecting government assessment on items or services of value. Fees and Charges are an alternative to property taxation used by some Municipalities and are used for recovering the cost of services. (10) Property is a physical entity that can be owned by a person or a group of people. Bundle of rights are a collection of rights of something that a person can possess and is enforceable against other people infringing on these rights. (1) Public property is controlled by the state, which has the right to exclude people from being on this property. (1) Private property is a property, which is not considered public and where a person or a group of people holds the rights. The public good is a good that serves to help everyone in society, not just those who have the ability to use the good. (11) Jurisdiction legal variation is the legal differences in principles between jurisdictions. (1) Municipal planning department is a committee that is responsible for all planning matters and supports the municipal council. (1) An official plan is a description of a municipal council’s policies regarding how the land should be used and used in the process of planning land use decisions. (1) Zoning by-laws are municipal broad policy statements as included in the official plan that are translated into legally enforceable municipal laws. (1) Land Severances occur when an area of law is divided to form a new piece of land by consent of a municipality. (1) Subdivisions are created when multiple severances occur upon an area of law and the submitted plan must include all roads, spots of interest etc. (1) Public consultation is communication with the public to determine concerns to make decisions that affect the community. Proposals are offers that are put forward to be considered or accepted. An appeal is a request made by a person for a new hearing or decision. (9) ApprovalAuthority is the person or persons with the power to confirm or deny any municipal plans, who vary with the level necessary for the final approval. (8) Places to GrowAct is a legislature from Ontario to manage growth and development in the province by supporting the economy, environment and improving communities achieve a higher quality of life. (1) Growth Plan Areas are the places that are identified in the Places to Grow Act including the Golden Horseshoe and Northern Ontario. (1) Growth Plan identify where and how growth should occur within a region to guide government decisions and investments. (1) The Ministry of Energy and Infrastructure is the authority of the Places to GrowAct and works to develop a Growth Plan within Ontario. (1) The Ontario Growth Secretariat is appointed with in the Ministry of Energy and Infrastructure to coordinate the Places to Grow Initiative. (1) The Growth Plan for the Greater Horseshoe, 2006 was selected as the first area to be included in the Places to GrowAct because of the area’s rapid population growth and aimed to reduce traffic deadlock, urban sprawl and other issues within this highly populated area. (1) The GreenbeltAct, 2005 protects 1.8 million acres of farmland and green space against development and urban sprawl within the Greater Golden Horseshoe area. (1) Greenbelt Area is a protected area of green space surrounding the Golden Horseshoe including the Niagara Escarpment and the Oak Ridges Moraine. (1) The Greenbelt Plan includes policies regarding land designations, coordination of planning and development with municipalities, and development of the land. (1) The Greenbelt Council is created by the MMAH to provide advice on the implementation of the Greenbelt Plant andAct, ways to monitor the effectiveness of the plan, amendments proposed and a ten-year review. (1) The Oak Ridges Moraine is 160 km long landform between the Trent River to the Niagara Escarpment and divides watersheds draining in Lake Ontario from the northern watersheds. (1) The Oak Ridges Moraine ConservationAct protects the land and water within this area by providing land use and resource management to improve the local water quality and the ecosystems. (1) The Oak Ridges MoraineArea is the designated area that is protected in the act. (1) The Oak Ridges Moraine Conservation Plan was created by theAct to regulate land development as well as resource and land protection. (1) Unit 3 Citizen Participation guarantees the public a role in the creation process and implementation of specific laws and policies. (1) Environmental Rights is a national law where the government considers the environment a human right. For example,Argentina, Belgium, France, Spain and Chile all protect the environment against degradation because it is one of their rights to do so. (1) Alegal entity can be entered into a legal contract and can be sued if their contractional obligations are not met. (11) Public trust doctrine is governmental ownership of natural resources that are used for public access, where the government has a responsibility to protect, manage, conserve these resources and allow public access for all. (1) Human rights to a healthy environment is an idea that would give citizens the rights to challenge actions made by the government to protect their environment because of their human rights. (1) Environmental Bill of Rights gives residents in Ontario the right to live in a healthy environment by protection, procedural rights and the right to sue to protect the environment against violations. (1) Medium of the environment is a category of physical earth surrounding humans including land, air and water. Sectors of the environment are sections of the environment that are created by human activities such as energy, mining and agriculture. (1) Approval based regimes are a system of rules that enforce requirements for individuals. (1) The Endangered SpeciesAct, 2007 is an Ontario legislature that regulates land use for the protection of biodiversity. (1) The Species at Risk Act, 2002 is a federal legislature that protects biodiversity on federal lands by prohibiting the damage of habitats of endangered or threatened animals. (1) Ontario’s Water DiversionAct, 2002 gives the authority to develop and operate waste diversion programs, which are not publicly mandatory or enforced through regulation. (1) The adaptive approach is a solution for dealing with complex situations with an uncertain future, and enough time and resources available before unacceptable damage occurs. (1) The command and control methodology is a method used when consequences of a lack of action are irreversible and when there is not enough time or resources that can be used before risks become unacceptable. (1) The precautionary principle is a method of law where it is recognized that the effects of human action are very uncertain and has potential to threaten the environment or human health and therefore, extra precautionary measures should be taken to prevent any possible negative effects. (1) The Clean WaterAct, 2007 focuses on protecting Ontario drinking water at the source against contaminants and policies within communities on the treatment of drinking water. (12) Reactive or proactive laws are created after an incident elsewhere and are supposed to prevent a similar situation from
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