the fundamentals and the nature of law. your introduction to law this unit explains: what law is,...
TRANSCRIPT
The Fundamentals and the Nature of
Law
Your Introduction to Law
• This unit explains:• what law is, • why we have laws, • how laws are made and enforced,• the differences between moral issues and legal issues, how
laws affect society, and • how individuals in society can bring about changes in the law.
• The unit also gives a background to the Canadian legal system and introduces important legal terms and concepts.
Law and its Purposes in Society• Law can be defined as the rules that are made and
enforced by the government to regulate the conduct of members of our society. • It plays a major role in the manner in which society
functions.
Canadian Law
•Canada's laws are an interesting blend of ancient traditions and modern ideas.• From penalties for piracy to the rights of minors, the
legal system covers every aspect of our lives and even dictates what happens to our belongings after we die. • It's a thorough system, but not a rigid one. •Our laws continually change in response to our
changing social values.
What is a Law?•You probably have an idea of how to define law. •Take a few minutes to write a definition in your own words
Now, compare your definition with: • " ....a rule to govern action; rules of conduct,
established by government, for society to follow and obey."
• If your definition made the main point that laws consist of rules to govern our behavior, you had the right general idea.
Why Do We Have Laws?
Think, Pair, Share
1. Make a list of everything you can think of that you can do in society which is in no way affected by law
2. Discuss and exchange ideas with a Partner pick your three top
3. Share with the group and discuss. Feel free to challenge other peoples’ responses if you disagree. Politely point out why your opinion differs
Discussion• There are not many things you can do in society which are
not affected by law in some way. • Example: Breathing• you might say that the law has nothing to do with breathing, but
think about it:• There are laws which determine the quality of the air people breathe and
laws which determine whether an individual has the right to have a machine turned off which does the breathing for a person who would otherwise die.
•Why we have laws regulating so many areas???
The Distinction between Laws and Morals •While many laws are based on public morals, there is an important distinction between the two
Right and Wrong •Where do we get our ideas about right and wrong? • For example, why is it illegal to murder another person? Or why is
it illegal to be married to two people at the same time?• These actions are illegal in Canada because of our social
values. Every society has actions that people generally believe are correct to do and other actions that are unacceptable. These social values are shaped by two things:
1. tradition2. changing ideas
Law, Values, and Beliefs• An old law in Winnipeg declares that one may be fined for kissing a
woman on the street. That was obviously based on morals of the time.• You may feel that abortion is immoral. However, in Canada, abortion is
no longer a crime. • Some people believe that women should have the right to make their
own decisions on such matters. Over time, the law changed. • People's ideas of right and wrong differ. Thus, there will be times when
people disagree with what should and shouldn't be regulated by law. • There will also be times when law changes because of society's changing
beliefs.
Impact of Changing Laws on Society •Laws change slowly. It would be difficult to keep up with laws which changed often, and society would likely find it difficult to take laws seriously if they changed continuously. •However, laws must change to keep pace with society.
Law and Morals
•A majority of the people have to agree with a law to make it enforceable. • If most people don't believe in and obey a particular
law, there won't likely be enough law enforcement personnel available to enforce that law in society. • Thus, when attitudes change, laws must change as well.
•And these changes have had profound effects on the lives of many Canadians.
Laws Change Society, Society Changes Laws….• Changing laws also have the impact of changing society. • Did you know that a Toronto bylaw (which is still in force, but no
longer enforced) stipulates that bathing suits must cover a human from neck to knees?• Changing attitudes likely made it impossible to enforce the law. • Lack of enforcement of the law brought about a change in attitude
when people became used to seeing people who were not covered from neck to knee.
An Important Example:
•Attitudes about drinking and driving brought about changes in laws concerning drinking and driving. •The changes in the law have changed the habits of many drivers.
Evolving Laws1.Why have penalties for drinking and driving
become more severe over time?
2. Why have laws associated with Aboriginal Peoples democratic rights and Status evolved over time?
Morality and Law Interview Assignment
• Interview at least 2 people who are older than you, perhaps the ages of your parents and grandparents to see what they can tell you about changes in society's morals. See if they can also tell you about laws which used to exist to encourage people to behave in accordance with these ideas of moral behaviour.• Fill in the assignment sheet provided•When is it due???
Key Terms for Review (these are some of the concepts that you will be tested on)
• Definition of law• The need for laws• The functions of law• The rule of law• Changes of law to society• The difference between laws and morals• Types of laws
Classification of Law• The law you will be studying can be divided into two major
areas: • Criminal Law, and • Civil Law
• The mainstream Canadian legal system differentiates clearly between Criminal law and civil law. • This is a very important distinction in Canadian law and you
will have to understand it not only to do well in this course, but also to understand the justice system around you. • However, you should note that this differentiation does not exist
within traditional Aboriginal justice systems.
Public Law & Private Law• Law can be divided into two major areas: • public law; and • private law
• In order to understand Canada's legal system you will need to understand the difference between these two major areas. • You can imagine how many laws it takes to cover all aspects of
our private and public lives. • It's useful to divide law into different categories, depending on
the subject the law deals with. There are several different ways to do this.
Criminal Law
•Criminal law governs the relationship between the state and individuals and is one of the main areas of law that falls under the larger category of public law.
Criminal Law Introduction• The main purpose of criminal law is to maintain order and provide
protection. • When a person commits a crime, such as assault, the law sees the
action as dangerous to all of society – not just to the victim. • This is true in both the mainstream Canadian legal system, and traditional
Aboriginal cultures, who view such activities as ones that have damaged the relationship between the offender, the victims and the whole community.
• For this reason, the legal argument that goes to court isn't between the victim and the person accused of committing the crime, the argument is between the government (called the Crown) and the person accused of the crime (called the accused).
Criminal Cases• A criminal case begins when a police officer has reason to believe that someone has
committed an offence. • All illegal acts or omissions (sometimes it is illegal not to do something) are written
down in federal legislations, mainly, the Criminal Code of Canada. • Crimes cover a wide range of offences from shoplifting to murder.
• Punishing the guilty and trying to prevent further crime are two other purposes of criminal law. • The Criminal Code of Canada sets out the penalties for offences.
• In other words, the convicted offender is punished for breaking the law.
• This is, however, not the only way to deal with offenders. • There are alternative ways of looking at Criminal law such as those found in some traditional
Aboriginal cultures where offenders are dealt with in a more restorative way. • This means that the emphasis is not on punishing the offender; rather on healing the offender
and re-establishing the relationship between the offender, the victims and the whole community.
Criminal Cases• The Criminal Code of Canada sets out the penalties for
offences. • In other words, the convicted offender is punished for breaking the
law. • This is, however, not the only way to deal with offenders. • There are alternative ways of looking at Criminal law such as those
found in some traditional Aboriginal cultures where offenders are dealt with in a more restorative way. • This means that the emphasis is not on punishing the offender;
rather on healing the offender and re-establishing the relationship between the offender, the victims and the whole community.
Civil Law•Civil law governs the relationship •between individuals and is also • known as private law.•Within civil law there are more divisions. • The chief branches of civil law are those dealing with
contracts, torts, property and corporations.
Branches of Civil Law
1. Contractual rights - A contract is an agreement enforceable by law.
2. Torts - Torts are wrongs done to someone which does not involve a contract.
3. Property Rights - This refers to the law explaining one's rights over goods and land.
4. Corporate law - this is the law relating to the structure and administration of corporations.
Civil Law Introduction• Civil law is mainly concerned with helping us settle
disagreements and compensating a person for injury or loss. • It is also known as private law.
• Civil law covers a variety of topics from family matters to lawsuits. • Civil cases are between two individuals, or groups and correct
terms for the two parties in civil cases depends on the type of case. • The grounds for beginning a civil case also varies with the type
of case.
Civil Law Introduction• In general, you can think of a civil case as beginning when a
person has a cause of action. • That is, the courts agree that the subject in question needs a legal
resolution. • In some civil cases the judge will make a decision on a matter
such as whether or not a will is valid or the best way to divide assets in a divorce case. • When one person has been harmed by another, the judge will
decide what compensation should be made to the injured party. • This is called the remedy.
Review: Civil or Criminal? Some helpful vocabulary:
o Versus means to be against. In law, the abbreviation v. stands for versus.
o Grounds refer to what is necessary to begin the legal action.
Your Task: Use the phrases on your sheet and show whether they are civil law or criminal law terms and how they apply to that particular area of law.
How Do I Sort Through This?
CIVIL LAW
• Who - Individual v. Individual
• Purpose - Settle disagreements, Compensate for injury or loss.
• Grounds - Cause of Action.
CRIMINAL LAW
• Who - Crown v. accused
• Purpose - Maintain order, Protect Society, Punish the Guilty, Prevent further crime.
• Grounds - Suspect an offence has been committed.
Review: Civil or Criminal?
• Complete questions 1-3• We will review as a class when you are done
KEY # 1,21. Who - Crown v. accused
Purpose - Maintain order, Protect Society, Punish the Guilty, Prevent further crime. Grounds - Suspect an offence has been committed.
2. A civil matter has to do with settling disagreements between individuals, whereas a criminal matter has to do with maintaining order, protecting society and punishing the guilty.
KEY #3a. Criminalb. Civilc. Civild. Civile. Criminalf. Civilg. Civilh. Civili. Civilj. Criminal/Civil – Could fall under both
Key Terms for Review (these are some of the concepts that you will be tested on)
• Definition of Criminal law• Definition Civil law• The difference between
criminal and civil law and understand how to differentiate between the two• Criminal Law• Constitutional Law
• Administrative Law• Family Law• Contract Law• Tort Law• Property Law• Labour Law
Evolution and Sources of Law
Historical Influences• Before the arrival of the French or British to Canada, First Nations
peoples had well-established systems of justice. • The system brought to Canada from Europe was imposed on Aboriginal
peoples and was not compatible with the systems that Aboriginal peoples already had. • Though these systems do not, at this point in time, constitute a major
part of the Canadian justice system, they are gaining in importance and recognition. • This is not just to reflect the interests of Aboriginal peoples, but because
traditional Aboriginal justice is seen to be a viable alternative to the existing justice system.
Sources of Canadian Law
• In Canada, our law has come to us from two sources: • British Common Law• French Civil Law
• The common law system (based on case law precedents) is used in all the territories and provinces except Quebec. • The French Civil Code tradition (based on written rules
contained in a civil code) is used in Quebec for civil cases• Criminal law is uniform throughout Canada
Origin of Canadian Law•Modern laws in Canada originate from a variety of historical sources•The two most influential of these are:• the Roman Civil Code• the common law
Your Task•Read through the following passages on the historical sources of Canadian law and answer 1-12
KEY1. The Normans replaced the local communal Courts of the Anglo Saxons with royal courts that would apply the same justice throughout the country.2. Quebec bases much of its law on the French civil code.3. The Roman civil code was a body of Roman laws and customs codified by the Emperor Justinian.4. The single most important feature of the Magna Carta was that the king was not above the law.5. The merger of equity and the common law into one court was significant in the Judicature Acts.
6. Advantages of precedent are: laws is uniform and law is predictable. Advantages of equity are: law is administered fairly and law considers all factors of a case.7. Disadvantages of precedent are: could be harsh and rigid and does not keep up with changing times. Disadvantages of equity are: each new decision could create a new law and different judges could interpret the law differently.8. The BNA Act created the Dominion of Canada, along with other things.9. The Statute of Westminister was significant in that it acknowledged the right of Canada to indicate when Canada wanted England to make laws affecting Canadians. By this statute, the British Parliament surrendered the right to pass laws for Canada, unless asked to do so10. It made it independently Canadian (It is a recognition of national independence)11. They are developed by Canada, for Canadians and guarantee our citizens the rights and freedoms that Canadians value12. A movement towards independence
Canadian Law• When British subjects settled a colony (like what would become Canada)
they brought English laws with them. • Thus, we here in Manitoba acquired English law (with all that that contained such as
influences of Old Testament law, equity, and statutes).
• Just because something was prohibited in the Code of Hammurabi, or in an English case of 1820, for example, does not mean that it is still necessarily part of Canadian law. • It is an important feature of a democracy that laws made by an elected government
often reflect the changes in society over the years. • This is the case when the law keeps up with technological advancements, but is also
true when attitudes and philosophies of society change.
• The law often reflects the morals, values and philosophies of its society, so what was an important value or moral belief two hundred years ago would be reflected by the law, as are general values and attitudes today. • Sometimes, however, the law is slow to change
British North America Act 1867• This was a statute passed by the British Parliament which created the
Dominion of Canada, and became Canada's constitution• It recognized that Canada was a federal union of provinces and so divided the
law-making authority between the provinces and the federal Parliament • According to the BNA Act of 1867, the provincial governments would have the
exclusive authority to make laws about things of local importance, such as:• Property, and • Education
• The federal government was given complete power to make laws about things of national importance, such as: • national defence• banking • postal service
Limits, and Great Britain’s power under the BNA• The federal government may not make any laws dealing with
issues within provincial power, and vice versa• No government in Canada, the federal one or any of the
provincial ones could make any law that was contrary to Canada's constitution• Although Canada and the provinces were given the power to
make their own laws, the British Parliament kept its power to pass laws applying to Canada as well
Manitoba Act 1870
•By this act, "Manitoba's constitution," Manitoba became a province of Canada •All English law as it existed at the time became part of
the law of Manitoba, but any English law passed after this date did not, unless it specifically said so
Statute of Westminster 1931
• This statute was passed by the British Parliament, saying that the English Parliament gave up the right it had kept in the BNA Act 1867 to pass laws applying to Canada • From this date on Parliament in Westminster could
make laws affecting Canada only if it was specifically asked to do so by the Canadian government
1949: The Supreme Court of Canada•Until the year 1949, the final court of appeal for cases
in Canada was in England, called the Judicial Committee of the Privy Council • From 1949 on, however, the Supreme Court of Canada
became the final court of appeal for Canadians •Canada was thus gaining more control of all of its
lawmaking powers, including law made by judges, not only legislators
Canada Act 1982• This was the final Act to be passed by the English Parliament for Canada • It was done at the request of the Canadian government, after the federal
government and the provinces agreed on a way of amending and dealing with the constitution • Up until this time the constitution was a British statute (the BNA Act 1867)• The Canada Act 1982 made the Canadian Constitution a Canadian statute; it
patriated it• The BNA Act 1867 was renamed the Constitution Act 1867 and it was
incorporated into a new Act, called the Constitution Act 1982, passed by the Canadian Parliament• This Act, however, added things to the Canadian Constitution which were not
there before• The most important of these additions was the Charter of Rights and Freedoms• It also formally recognized Métis people as being Aboriginal
Sources of Canadian Law
•Most laws today are statutes, acts of Parliament or regulations, which are orders in council• The Constitution Act of 1867 sets the structure of our
government and the duties of the various branches of government• It determines which branches of government have the
authority to make and pass particular kinds of laws
We Are Not Alone
• The sources of Canadian law today are Canadian, but as you have seen, origins go back a very long way and have strong roots in England• Many common law countries around the world inherited much of their
law from English common law; you simply have to remember all of the countries today that were once British colonies or settled by the British people• The United States• Australia• India, Kenya• New Zealand • and many more
Where can I find Canada’s Laws?• Where, then, is the "Law of Canada"? Is it all gathered together
somewhere for anyone to read? The answer is yes and no• You must look at many sources to find the law of Canada, but many of these
may be in a law library, in many different books
• In your text, the main source of Canadian law is Canada's constitution• The constitution gives authority to the federal or provincial government to
pass certain kinds of laws
• Different parts of our laws are organized in different ways and it's not always easy to find a copy of a particular law, but it is possible • You have to know exactly what type of law you're looking for
Provincial and Federal Statutes • As you have read, statutes are acts of Parliament or of provincial
governments that set out our basic laws• The Criminal Code of Canada is a federal statute that describes the criminal
law for all of Canada• The Manitoba Highway Traffic Act is an example of a provincial statute, made
by the province of Manitoba to regulate motor vehicle traffic within the province• The Manitoba School’s Act is another example of provincial legislation
• Violations of provincial and municipal legislation are illegal but not true crimes
• Statutes, the Criminal Code and the Motor Vehicle Act and are often available at your local library or you can purchase your own copies from the government concerned
Municipal Bylaws • Some provincial statutes give power to municipalities to make
laws that have only a very local effect •Many cities and towns have the power to enact bylaws dealing
with things like:• zoning of buildings• dog licenses• parking• garbage collection
• You can usually read or obtain copies of by-laws at your local municipal office or at your local library
Regulations • More and more frequently, both federal and provincial governments set up
administrative agencies to work out the details of laws • The statutes give the general guidelines, but these boards often have the
authority to work out the details by making regulations • These regulations can cover very important points about the law and so should
be read along with the statute • Regulations may clarify the statute or set a procedure, but a regulation can never
go counter to the statute• Regulations are rarely voted on by Parliament or by provincial legislatures• Administrative agencies make decisions and follow the rule of precedent just as a
court would if it were making these decisions
Case Reports • As we mentioned earlier, case law is the part of law that has
developed over the years through the decisions of judges in the court system (precedent)• These decisions are recorded in case report books which
sometimes go back several hundred years •When a lawyer is hired to defend someone, she or he will
often begin research to find out what happened in other similar cases• You can find copies of case reports in a law library• They are also called law reports
Activity: Law Jurisdiction
•Discuss with you table partners:• You live near an airport where the noise from the aircraft
taking off and landing makes it difficult to speak. You and your neighbours wish to have a law passed that would restrict take-offs and landings to daylight hours. What lawmaking authority should you approach?
Key Concepts for Review
• Evolution of Canadian Law• Common law• Civil code• Precedent• Case law• Parliament and statute law• The development of common law• Canada’s constitution (BNA Act, Statute of Westminister, Constitution Act)• Government jurisdiction (levels of government)• Lawmaking in Canada
Law-making, Lawmakers, Legal Institutions, and
Careers in Law
Levels of Government and Jurisdictions • Jurisdiction is an area of authority, power, or responsibility• A constitution is a body of laws which sets out who has the
authority to make law• Canada's constitution sets out the jurisdiction of the federal,
provincial and municipal governments• At this time, there is discussion between Aboriginal peoples and
the federal governments regarding self-determination for Aboriginal peoples• Among other things, this would give Aboriginal peoples more control over
their justice systems
A Tradition of Provincial Differences • When the provinces joined together to create the country of Canada,
one part of the agreement was that each province could keep control over some legal matters • Laws concerning education and driving are provincial laws and therefore vary
from province to province. • Laws concerning violent crime, however, are federal matters and are the same
all across Canada.
• Most laws end up being quite similar in all provinces with the exception of Quebec which actually has an entirely different legal system for handling provincial matters
Aboriginal Justice• Aboriginal Peoples are attempting to displace the
mainstream legal system from their communities and replace it with culturally relevant systems of justice • The Aboriginal Justice Implementation Commission (AJIC) made
recommendations for the creation of parallel justice systems within Aboriginal communities
• Some First Nations have implemented their own systems of justice but these vary within between First Nations
Administrative Lawmakers • Administrative agencies have been set up to assist
governments to carry out or "administer" particular laws • The government sets out the specific powers and duties that an
official or agency will have• Administrative agencies are often set up to work out the details of
how legislation will be put into action
Your Task: Read the following article and answer the question below
• To what degree are we affected by regulations created by administrative lawmakers? Explain.
Canadian Court System Structure and Jurisdiction •Courts interpret and make law, but also have other
functions•Courts decide how a law should be applied in a specific
case• Laws are created by:• statutes voted on by government• regulations created by administrative agencies• case law developed by the courts
The Judicial System (court system)
High and Low Courts• Canada's courts are organized in levels• Higher courts hear more serious cases and have more power
to influence the development of case law• Each province has a court system that has three or four
levels, and the highest level court of each province answers to the Supreme Court of Canada • There is also a special group of courts to handle federal
matters
Here's how Manitoba fits into this system
Non-Adversarial vs. Adversarial• Two approaches to resolving legal disputes are the adversarial and non-
adversarial • Many traditional Aboriginal cultures follow a non-adversarial system
• Since the ultimate goal is not to punish the offender, but to heal and restore victim, the family, community and the offender, the process is quite different than that found in the mainstream Canadian legal system
• These Aboriginal systems follow a more holistic approach
• Mainstream Canadian law, whether criminal or civil, follows an adversarial approach• Under this approach, representatives from both sides of the issue present their case• A judge, (or judge and jury) decide who is right
Trials • Courts handle two kinds of legal problems:
• Trials• Appeals
• In a trial, representatives from both sides of the issue get to present their case• A judge (or sometimes a judge and jury) will decide who is right • In a criminal case, one adversary is the Crown, the other is the accused• In a civil case, both adversaries are individuals and in most civil cases,
the individual who is suing is known as the plaintiff and the individual being sued is the defendant
Appeals• If a person feels that she or he has suffered as a result of
poor judgment, either through dishonesty or error, she or he can request an appeal to a higher court• If an appeal is allowed, a judge or group of judges reviews
the lower court's decision• Not all appeals will be heard, as there must be some
reasonable grounds to believe that there was an error in judgment or procedure
The Common Law Ladder
• You might find it helps to imagine that the levels of courts create a ladder, with each level a step up the ladder•Here's how a criminal case might go up the ladder
The Common Law Ladder
The Court Ladder • There are two important things to know about this ladder and the
common law system:• A decision made by a court at one level is binding (must be considered) by all
other courts at that level and below• For example, a decision made by a provincial-level court in Alberta could only affect a
decision made by another provincial-level court (in British Columbia, for example)• On the other hand, a decision made by the Supreme Court of Canada would
affect every court in the country• The decision of a court can be overturned (changed) only by an appeal to a
court that is higher up the ladder
Jurisdiction • The authority to make laws and legal decisions in a particular area is
called jurisdiction• Ex: municipal, provincial, and federal
• When government is acting within its own jurisdiction, it is known as intra vires (within the scope of power)• When government is acting outside of its jurisdiction, it is known as
ultra vires (beyond the scope of power). • The concept of government being able to do anything as long as it is
doing it within its own jurisdiction is known as parliamentary supremacy• Different courts also have jurisdiction in certain areas
Provincial Court (found throughout the
province)
Provincial court (Family Division)• outside Winnipeg, the division hears disputes involving
separation of spouses, custody of children, maintenance payments between spouses, child protection cases that involve child care agencies• in Winnipeg, the Queen's Bench Family Division hears the
cases noted above• appeals usually go directly to the Court of Appeal
• Family Division hears young offenders' cases (youth court)• youth court appeals go to the court of appeal
Provincial Court (Criminal Division)• this division handles over 90% of the province's criminal
cases• handles summary conviction cases (less serious cases), and
many indictable cases• appeals of summary conviction matters go to the Court of
Queen's Bench• further appeal goes to the Court of Appeal, but on a question
of law only
Court of Queen's Bench• sits mainly in Winnipeg but also sits in other larger provincial
centres• has both civil and criminal jurisdiction• has some jurisdiction as an appeal court from Provincial Court• has different divisions in Winnipeg:• Court of Queen's Bench• Court of Queen's Bench (Family Division)
• has subdivisions called Queen's Bench Small Claims and Queen's Bench Surrogate
Court of Queen's Bench - civil jurisdiction• hears contract and tort cases and other civil matters• is a trial court, usually with a judge sitting alone• juries are possible for defamation, wrongful imprisonment cases• hears cases when money at issue is over $5000.00 (March 1989)• hears divorce cases in areas of Manitoba that have no Queen's Bench
Family Division• decisions can be appealed to the Court of Appeal
Court of Queen's Bench -- criminal jurisdiction• Hears trials by judge or trials by judge and jury (Murder,
treason, piracy cases must be tried by a judge and jury.)• has some appeal jurisdiction relating to certain cases from
Provincial Court or from Small Claims Court• decisions can be appealed to the Court of Appeal
Court of Queen's Bench -- Family Division (Winnipeg and Eastern Judicial District)
• hears all divorce cases• hears any matters dealing with the family - property, financial
support, custody and access to children, children protection cases involving child care agencies• decisions can be appealed to the Court of Appeal
Court of Queen's Bench -- Surrogate Court• civil court, dealing primarily with wills and the estates of
dead people• deals with granting probate of a will (proof that a will is
genuine) or with the administration of estates left by people with no will• decisions of this court can be appealed to the Court of
Appeal
Court of Queen's Bench -- Small Claims• established to give people a quick, inexpensive means of resolving disputes• is less formal and lawyers are seldom necessary• cases are heard by a Clerk of the Queen's Bench• appeals of the clerk's decision can be taken to a judge of the Queen's
Bench• decision of the Queen's Bench judge is final unless a question of law is
involved in which case an appeal lies to the Court of Appeal• maximum amount of money that can be at issue in this court is $5000.00
(March 1989); higher claims are heard in the Court of Queen's Bench
Court of Queen’s Bench Summary• All of these branches of the Queen's Bench have trial jurisdiction which
means that evidence is heard by the judge• Judges of these courts are appointed by the federal government in
Ottawa, and they can hear all types of cases. • In the Court of Queen's Bench Family Division, however, there are special
family judges appointed who hear the majority of family cases and therefore have developed special expertise and sensitivity to family matters• As you can understand, family matters that go to court may require a
special kind of knowledge and delicate handling, as they are often very emotional
The Manitoba Court of Appeal
• sits only in Winnipeg• is the highest court of the province and, with few exceptions, hears only
appeals from the lower courts• new evidence may not usually be brought to this court; it reviews what
was said and done in the court below it• in order to appeal to this court it is often necessary to get permission of
the court (called getting "leave to appeal")• seven judges sit on this court and cases are usually heard by three of them• judgment is based on the decision of the majority of them (i.e., two out of
three)
NATIONAL COURTS
Federal Court• deals with matters of taxation, immigration, disputes between the
federal and provincial governments, cases involving trademarks and copyrights, or claims against the government (for example, a claim by someone injured by an army truck)• has two divisions, a Trial Division and an Appeal Division• Appeal Division hears appeals from the Trial Division in cases such as
those mentioned above, as well as appeals from federal boards or commissions (e.g., the Immigration Appeal Board)• appeals from the Appeal Division can be to the Supreme Court of
Canada only, when the question on appeal is of public importance
The Supreme Court of Canada
• highest and last court in Canada• hears appeals from the courts of appeal of the various provinces and from the Federal
Court• has jurisdiction to hear cases referred directly to it by the federal government, and this
usually means requests to decide constitutional questions• allows appeals of civil cases only with leave to appeal, and leave can be granted either by
the court of appeal in the province or by the Supreme Court itself• allows appeals of criminal cases with leave, unless an appeal is from a provincial court of
appeal which set aside an acquittal granted by the trial court, or where someone was charged with an indictable offence (see Lesson 6) and the Court of Appeal in the province was not unanimous about a question of law
• Judges are appointed by the federal government• The court consists of a Chief Justice and 8 judges, at least 3 of whom must be from Quebec
Your Task: Which Court? 1. What claims are handled in small claims court? 2. If someone owed you $9000.00 and did not pay in the stated time, what court would you go to in order to get the money back? 3. In what court would an 18 year old accused of murder be tried? A sixteen year old accused of robbery? 4. The Prime Minister of Canada is assassinated. Why would the trial not be conducted in the Supreme Court of Canada? Where would the trial be held? 5. Do you think that having specialized courts (e.g., Queens Bench Family Division) is a better idea than having general courts? List two advantages of specialized courts and two advantages of generalized courts.