Lecture and Texbook notes combined: Legal Theory and intro to Canadian law

7 Pages

Women's Studies
Course Code
Women's Studies 2270A/B
Amanda J Porter

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Legal Theory and Introduction to Canadian Law Canadian SystemCanada is a federal system with both provincial and federal governmentsThe legislative and judicial powers within each level of jurisdiction are set out in the Constitution Acts 18671982The federal government has two houses o The lower house The House of Commons which is an elected body o Upper HouseThe senate which is an appointed body The division of legislative powers between federal and provincial goverments are set out in sections 91 and 92 of the Constitution Areas like taxation criminal law marriage and divorce are within the federal levelEducation family law and registration of vital statistics are within provincial jurisdictionCanada has two legal systems reflecting its colonial powers o The British common law o The French civil lawHe federal court and tax court handle matters related only to federal jurisdiction or federal government o Immigration o Military law o Aborigional land claims o Intellectual property Courts of general jurisdiction are established in each province and handle the vast bulk of litigationThe judges of the superior courts are appointed by the federal government and hanle matters within the legislative authority The judges of the inferior courts are appointed by the provincial governments and handle matters within the legislative authority of the respective provincial government In each province there are two levels of trial court a provincial and a superior courtThe superior court handles appeals from the lower trial court and from administrative and labour tribunalsEach province also has a court of appeal which handles appeals from the trial courtsThe highest court of appeal in Canada is the Supreme Court of Canada o Nine members o Three from Ontario and QuebecPrimary legal sourceo Documents that make up the formal body of law in our societyTwo main sources of common law
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