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Gentech 4em3 Legal and Regulatory Issues: I L & C L S

This document provides an overview of the Canadian legal system, including a brief history of law systems and how Canada's common law system developed. It discusses the division of powers between federal and provincial governments and outlines the structure of courts in Canada. It also defines the different types of law and legal entities that can participate in the legal system.

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Camila Miranda Kanda
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102 views

Gentech 4em3 Legal and Regulatory Issues: I L & C L S

This document provides an overview of the Canadian legal system, including a brief history of law systems and how Canada's common law system developed. It discusses the division of powers between federal and provincial governments and outlines the structure of courts in Canada. It also defines the different types of law and legal entities that can participate in the legal system.

Uploaded by

Camila Miranda Kanda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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GENTECH 4EM3

Legal and Regulatory Issues

LECTURE 1B
INTRODUCTION TO LAW
& CANADIAN LEGAL SYSTEM

Intro to Law & Canadian Legal System 1


GEN TECH 4EM3 – Legal and Regulatory Issues
Agenda
• What is Law
• Old Law Systems
• Civil Law vs. Common Law
• Development of Common Law in England
• Why we use Common Law in Canada
• Division of Law in Canada
• Division of Powers
• Types of Law
• Areas of Law
• The Courts
• Legal Entities: “A Person”

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 2
Why do we have laws?
• Provide mechanisms for setting disputes, e.g. Trials
• Rights/Obligations
• Provide Predictability
• Deal with Antisocial Acts
• Provide remedies for losses
• Protection of people and losses
• Protect Minorities
• Conduct society in line with cultural norms
• Structure of Government
Ideas for resolving disputes
• Trial by Combat
• Trial by Ordeal
• Trial by Oath
• Trial by Burden of Proof

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 3
Old/Historical Law Systems
• Mosaic Laws: 10 Commandments (Christian & Jewish Traditions)
• Confucius and Han Fei’s Legalism (Ancient China)
• Code of Hammurabi, 300 laws on stone pilars (1700 BC)
• Roman Law: Law of 12 Tables (450 BC)
• Roman Law; Justinian Code (565 AD)….all equal under the Law
• Canon Law (Western Christian Church Tradition)
• Sharia Law (Islamic Tradition)

• Napoleonic Code of 1804 (France)

• Most of these are examples of Civil Law systems, that is a books of


rules to be followed. The rules are create by an authority, who may (or
may not) periodically update them

• In Canada our legal system is based on “Common


Law” which works differently

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 4
Old/Historical Law Systems
• Mosaic Laws: 10 Commandments (Christian & Jewish Traditions)
• Confucius and Han Fei’s Legalism (Ancient China)
• Code of Hammurabi, 300 laws on stone pilars (1700 BC)
• Roman Law: Law of 12 Tables (450 BC)
• Roman Law; Justinian Code (565 AD)….all equal under the Law
• Canon Law (Western Christian Church Tradition)
• Sharia Law (Islamic Tradition)

• Napoleonic Code of 1804 (France)

• Most of these are examples of Civil Law systems, that is a books of


rules to be followed. The rules are create by an authority, who may (or
may not) periodically update them

• Most modern Civil Law systems can be traced back to Napoleonic


Code of 1804. In North America, this includes Quebec and Louisiana.

• In Canada our legal system is based on “Common Law” which works


differently
Intro to Law & Canadian Legal System
GEN TECH 4EM3 – Legal and Regulatory Issues 5
Common Law vs. Civil Law
• Two main legal systems used in the world. Common Law is common
in English-speaking and common-wealth countries. Most other
countries use systems based on Civil Law.

• Civil Law
• Big book of rules
• Periodically updated by the government/authority
• Court cases focus on applying the rules
• Laws are slow to adapt because government must update them

• Common Law
• Based on rule of precedent
• Court cases are decided by judges bade on looking outcomes of
older similar cases
• Common Law can adapt quickly, since law is shaped by judges
• Common Law is guided by legislation passed by government

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 6
Development of Common Law
• Prior to 1066 Canon Law often used
• Cannon Law = Church’s Internal Law System
• Often Arbitrary Decisions by Monarch

• 1066 William the Conqueror takes over England

• Travelling Courts Established


• Travelling judges made decisions based on past
customs/decisions in the areas they administered
• Theory of Precedent being developed

• 1254 Magna Carta


• Rule of Law
• Habeas Corpus: entitled to appear before a judge in reasonable
amount of time
• No restrictions on freedom without reason
• Legal right’s can’t change

• Many other steps towards development of Common Law


Intro to Law & Canadian Legal System
GEN TECH 4EM3 – Legal and Regulatory Issues 7
Canada’s Legal System
• New France – uses French Legal Tradition (Civil Law System)
• British Colonies Colonies – British Laws (Common Law System)

• 1759: French Defeated by British at Battle of Abraham


• Canada becomes British

• 1867 – Canada formed under BNA Act

• 1875 – Supreme Court of Canada Founded

• 1949 – Newfoundland & Labrador, last province to join Canada


• 1949 – Supreme Court of Canada becomes final court of appeal

• 1982 – Constitution of Canada


• 1982 – Canadian Chart of Rights and Freedoms

• Supreme Court of Canada


• Provincial Courts Federal Courts

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 8
Division of Powers
• Under the Constitution responsibilities division between Federal
Government and Provinces

Federal Provincial
national defence direct taxes
foreign affairs hospitals
employment insurance prisons
banking education
federal taxes marriage
the post office property and civil rights
fisheries
shipping, railways, telephones and The Act also says that the power
pipelines over agriculture and immigration
Indigenous lands and rights should be shared between the
federal and provincial governments.
criminal law
Intro to Law & Canadian Legal System
GEN TECH 4EM3 – Legal and Regulatory Issues 9
Structure of Government

Federal Provincial
Executive – prime minister & cabinet Executive – premier & cabinet
Legislative – parliament & senate Legislative - legislature
Judicial - courts Judicial – courts

Municipal
-falls under Provincial oversight
-Mayor (city) or Warden (county)
-Council
-Administration / staff

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 10
Structure of Courts
Supreme Court of Canada

Federal Provincial
Federal Court Court of Ontario
• Tax Court • Provincial Offenses
• Justices of the Peace
Federal Court of Appeal Superior court of Ontario
• More serious cases
• Divisional Court
• Small Claims court
• Family Court

Ontario Court of Appeal

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 11
Types of Law
Common Fields of Law
Three Main types: • Admiralty (Maritime) Law
• Bankruptcy Law
Criminal Law (Criminal Code of Canada) • Business (Corporate) Law)
• Civil Rights Law
Legislative Law – Acts & Regulations • Constitutional Law
• Construction Law
Common Law (Judge Made Law) • Criminal Law
• Entertainment Law
• Environmental Law
• Family Law
• Health Law
• Immigration Law
• Intellectual Property Law
• International Law
• Labour (Employment) Law
• Military Law
• Personal Injury Law
• Real Estate Law
Intro to Law & Canadian Legal System
GEN TECH 4EM3 – Legal and Regulatory Issues
• Tax Law 12
Legal Entities
A “Person” can be defined as:
• Natural Person (you and me)
• Sole Proprietor vs. Partnership
• People under age of majority (special restrictions)
• Corporation
• Crown Corporation (Corporation owned by government)
• Government Entity

Corporations
• Name ends in “Ltd.” or “Inc.”
• Can be registered Provincially or Federally
• Corporations can have names:
• Have a name (“Drinking Water Cup Company Inc.”)
• Numbered company (e.g. 12949 Canada Inc., or 8575 Ontario Inc.)
• Corporations governed by legislation: Ontario Corporations Act or
Canadian Corporations Act
• Corporation can enter into contracts or be sued since it is a “person”
under the law.
Intro to Law & Canadian Legal System
GEN TECH 4EM3 – Legal and Regulatory Issues 13
Corporations
• Liability limited to the corporation
• Corporation can hold assets
• Corporations must have President and board of directors
• Directors in a corporation must act in Corporations best interests

• Most businesses incorporate to limit the liability to the


corporation, and insulate owners from liability

• Corporations are treated differently when it comes to taxes


• There are obligations for Corporations in legislation

Intro to Law & Canadian Legal System


GEN TECH 4EM3 – Legal and Regulatory Issues 14

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