Textbook Note - Chapter 2.pdf

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Philip King

The Canadian Legal System Statement of Claim: A document setting out the basis for a legal complaint. Introduction The Canadian legal system is the machinery that comprises and regulates government. It is divided into three branches: The legislative branch creates law in the form of statues and regulations. The executive branch formulates and implements government policy and law. Government policy: The central ideas or principles that guide government in its work including the kind of laws it passes. The judicial branch adjudicates on disputes. Constitutional Law: The supreme law of Canada that constrains and controls how the branches of government exercise power. Charged with upholding "the values of a nation." Liberalism: A political philosophy that elevates individual freedom and autonomy as its key organizing value. The Canadian Legal System: The machinery that comprises and governs the legislative, executive, and judicial branches of government. The Canadian Constitution Written elements of the Canadian Constitution: Constitution Act, 1867 Canadian Charter of Rights and Freedoms: Identifies the rights and freedoms that are guaranteed in Canada). Constitutional Conventions: Important rules that are not enforceable by a court of law but that practically determine or constrain how a given power is exercised. (A code of ethics that governs our political processes). The Legislative Branch of Government Legislative Branch: The branch of government that creates statute law. Statute Law: Formal, written laws created or enacted by the legislative branch of government. Example: Criminal Code of Canada Three levels of government make legislation in Canada: Parliament: The federal legislative branch. Law-making jurisdiction provided by S. 91 of the Constitution Act, 1867 Comprises: The House of Commons The Senate (Also called "the chamber of sober second thought" For legislation to become a law, it must first be passed by the House of Commons and then approved by the Senate. Each Province also has a law-making body. Examples: British Columbia - the Legislative Assembly Nova Scotia - the House of Assembly There is no Senate or upper house. Municipalities (Created by Provincial Legislation) Have city councils Powers delegated to them by the province in which they are located Statute Law and Jurisdiction Jurisdiction: The power that a given level of government has to enact laws. Exclusive juridiction: Jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level. Criminal Code of Canada falls under Federal Jurisdiction. Concurrent juridiction: Jurisdiction that is shared between levels of government. Example: Public Health Paramountcy: A doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws. Regulations of business is generally a provincial matter. Municipality legislation takes the form of bylaws. Bylaws: Laws made by the municipal level of government. Ratify: To authorize or approve. Treaty: An agreement between two or more states that is governed by international law. The Executive Branch of Government Formal Executive: The branch of government responsible for the ceremonial features of government. Governor General - The Queen's federal representative Lieutenant Governor - The Queen's provincial representative Both issue approval as the final step in creating statute law. Political Executive: The branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering al departments of government. Chief Executives: Federal Level - The Prime minister Provincial Level - The Premier The Cabinet: A body composed of all ministers heading government departments, as well as the prime minister or premier. Has a very significant law-making function Often passes Regulations Regulations: Rules created by the political executive that have the force of law. The Judicial Branch of Government Judiciary: A branch of government - A collective reference to judges. The judiciary is to be independent from the legislative and executive branches of government. Is composed of Judges. Judges: Those appointed by federal and provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings. The System of Courts Judges operate within a system of courts Three basic levels: Trial Intermediate appeal Final appeal Trial Courts - Two types: Inferior Courts A court with limited financial jurisdiction whose judges are appointed by the provincial government. Organized by types of cases: Criminal Family Civil Sometimes called Small claims court A court that deals with claims up to a specified amount. Generally smaller amounts and varies across provinces. Superior Courts A court with unlimited financial jurisdiction whose judges are appointed by the federal government. Provincial courts of Appeal - Hear appeals from these lower courts, and sometimes go to the supreme court of c
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