Case Law In Canada

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If a law is not available in written form, lawyers often say that the outcome can be determined via case law. This means that a guideline can be found in recorded cases. Case law is different from a Precedent as case law is still judge made law, but consistency is accounted for. A simple example of Case Law would be if a person “A” harms person “B” for entering his home without consent, and if there is no law for this scenario, the lawyers can use a similar case where both individuals are charged as a guideline. Prevents what Hammurabi wanted to prevent by writing his set of rules and punishments- no reinventing of the wheel, a theft will always be punished the same way, (as long as it is a similar case).

The entire collection of published …show more content…

One of them is the Civil Code of Québec. In the rest of Canada, the common law governs the relationship between people within the provinces. Inspired by the laws of France, Quebec civil code has major differences in governing contracts, property and torts. Additionally, the Civil Code of Québec is made up of 10 books that contain around three thousand sections that are divided into titles, chapters and subdivisions. While Canada’s Common Law is made up of four books and forty-seven titles.

If charged with a crime as an Aboriginal person, there are special cultural considerations that the court must take into account in assessing your case. Aboriginal traditions have had a major impact on the development on Canadian Laws, and Canada as a whole. Two of the ways Aboriginal traditions have contributed to the making of Canadian Law are:
1) Treaties and the evolution of Canada:
Treaties signed between the Crown and the Aboriginal people has allowed the evolution of Canada. The process of making treaties has led to today’s inclusive, and understanding relationship between the Crown and the Aboriginal people. Treaties allowed the Crown to use the land without problems under conditions. It also made the Constitution recognize and protect Aboriginal …show more content…

Canada now has a generation called "section 23 kids" who were educated in these schools, where numbers warranted.
Des Rosiers considers those decisions to have been among the most important to have been given effect by the charter but she also notes that "language politics in Quebec haven't changed that much" by comparison. The Quebec government famously employed the charter notwithstanding clause to override a Supreme Court decision on its main language law, Bill 101, in 1989. Some years later, however, it rewrote its language laws to comply with the top court's ruling.
Also, an amendment (section 16.1) to the charter, one of just two, specifically about New Brunswick, helped give "a certain sense of affirmation about the Acadian community," Des Rosiers notes. I think this is very important as it does what the Quebec act of 1774 tried to accomplish initially, accommodate the French (in lower Canada), but this is a move to accommodate francophones all around the country. French immersion students should be happy for this one; not me, since I failed French twice in grade

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