Before we discuss Burns article about notarial archives and the origin of Narcotics legislation to understand the sources of law we need to know simply what these traditional sources of Canadian law are. To begin with, first, we need to decide the Canada’s current legal system stems from various European system by explorers and colonists. Also, to further explore this fact, we need to learn about the well-known Seven Years’ War “The Battle of the Plains of Abraham” (1756-1763) that took place between Britain and France? Finally, the Britain wins the battle and set out a legal structure for its new settlement in the Royal Proclamation of 1763. Since then, Canada has come only under English law, except for Quebec, that follows French civil law …show more content…
Second, let’s find out what is the case law is. Well, case law is the jurisprudence proved by decisions in particular court cases. However, the following courts will turn to these decisions, known as judicial precedents when trying to judge about similar issues. The utmost important point to notice here is that legal precedents depend on the hierarchical arrangement of the tribunal issuing the determination. For instance, if the Supreme Court of Canada provides a legal judgment in a particular case, and so all the other courtrooms in Canada have to bind this view. Third, in modern Canada, the customs law has a little effect on the decision-making process. However, Britain at first brings this legal philosophy in Canada, and now it incorporates into our custom- whether in the realm of commerce or in showing deviant conduct. Last, scholars of law (earlier or present) has written books and are now an important part of the process of lawmaking in Canada. Using these scripts helps the judge to compose judicial precedent. To explain it, look at the Supreme Court of Canada’s decision in R.v. Ipeele, in 2012. To explain, look at the Supreme Court of Canada’s decision in Ipeele, in 2012. In this case, the Supreme Court
The case of the so-called “Black Donnellys” is indicative of social and community relations during the nineteenth century in Upper Canada. Characterized by frontier agriculture, a growing but weak authority structure, and an influx of emigration, mob justice complemented the legal system nefariously. The arson of the Donnelly's home, as well as James Senior's imprisonment demonstrate the role of these two powers in society. I will argue that Upper Canada during the mid to late nineteenth century reacted to increased crime with both community power, in the form of vigilante justice, and legitimate authority, in the form of the penitentiary system; this uptick in crime coincided with settlement of the land by British emigrants. The factors that surrounded this phenomenon were emigration, land, crime, vigilante power, and legal enforcement, particularly the role of the Kingston Penitentiary.
This essay will analyze the entire case R. v. Morin and evaluate the facts, issues, positions of the Crown and accused. The decisions made during this case and reasons that ultimately lead to the final verdict by the Ontario Court of appeal. This essay will evaluate the decision of whether the delay of the R. v. Morin and the cases that it set precedent for were valid decisions made by the court. This evaluation will describe the arguments made on both sides during these trials. It will discuss how the decision made by the court to decide the trial delay being reasonable were the correct decisions and that section 11(b) of the Charter was not violated. The essay will also discuss the court cases R. v. Godin...
The three most significant events, people or person who influenced Canadian law in Canada in my opinion are Magna Carta, St. Thomas Aquinas, and Napoleon. Magna Carta has a major influence on the Canadian legal system. The rule of law is derived from the Magna Carta and it is the fundamental principle of Canadian law. “Everyone is equal and no one is above or superior to anyone else.” The Law was originally used in the Carta, and is now used in Canada's legal system today. St. Thomas Aquinas greatly influenced the Canadian legal system because be still use some laws in our legal system that were used back them like how suspects are still tried In front of grand jury, trials are still open to the public and how you must swear an oath when in
Philosophers, for several years have made a large impact within Canadian law by engaging in the study of the basic nature of knowledge, reality and existence. Aristotle, one of the philosophers who has made a major influence on Canadian law studied and created the main purpose of law known as just acts. As well, Plato was another philosopher who affected Canadian law through reflecting endless truths and virtues. St. Thomas Aquinas also had significance within Canadian law by believing that the main purpose of human law was being virtuous. Aristotle, Plato, and St.Thomas Aquinas were the most influential legal philosophers in Canadian law because they created the elements of just acts, eternal truths and virtues which are present in Canadian law and the virtuous existence of human laws.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Pierre Elliot Trudeau was arguably one of the most vivacious and charismatic Prime Ministers Canada has ever seen. He wore capes, dated celebrities and always wore a red rose boutonniere. He looked like a superhero, and often acted like one too. Some of the landmark occurrences in Canadian history all happened during the Trudeau era, such as patriating the constitution, creating the Canadian Charter of Rights and Freedoms and the 1980 Quebec Referendum. However, it is Trudeau’s 1969 “white paper” and the Calder legal challenge which many consider to be one of his most influential contributions to Canadian history.
Retrieved from http://www.mmf.mb.ca. Sprague, D.N. (1980) The 'Standard' of the 'Standard'. Government Lawlessness in the Administration of Manitoba Land Claims, 1870-1887. 10 Man.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
Thompson, John Herd, and Mark Paul Richard. "Canadian History in North American Context." In Canadian studies in the new millennium. Toronto: University of Toronto Press, 2008. 37-64.
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
Many people and nations around the world are deprived of human rights. The government in the countries or nations usually can not help the people being deprived. Either because the government is too poor to, it is not one of the things the government is looking into, or the government does not know or care. Because of this certain people, or even whole populations are denied human rights and their living conditions and way of life are usually not on the positive side of things. There are many wealthier countries trying to help but sometimes that is not enough. To what extent should Canada have a role in working to increase human rights protection in other nations?
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
1.The strict supremacy of statute over judicial decisions and a tradition of literalism in statutory interpretation, 2. Where no legislation exists, the courts are bound by the doctrine of precedent in accordance with a strict hierarchy of judicial authority, 3. In the absence of a relevant precedent, the judges will be guided by legal principle and reasoning by analogy, and 4. There is clear way of distinguishing the ratio of a case…