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
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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
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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
Unfortunately, this agreement was never reached at when two provinces, Newfoundland and Manitoba, failed to ratify it within the three year period that ended on June 1990 (Parkinson 1). These five conditions included the guaranteeing of Quebec a special status as a distinct society, increasing its provin...
To start off, I’ll be writing about the life of people in British North America and its significance towards unifying Canada, as well as background knowledge of conflicts that existed. Life in British North America was changing at an alarming rate. New technology and services were being introduced such as railways and steamships. Industries such as building, producing and farming were being introduced. This was in part due to the many immigrants from Britain and France who’d settled. This was dreadful for the First Nations as their land had been taken away even more so than before. More resources were needed for the growing crowd so trade agreements were made. As more people came, the First Nations were even more distanced from the Europeans. Meanwhile, the French and the British wanted the other’s culture to be erased from the
Dougherty, Kevin. "Marois Ready to Use Notwithstanding Clause to Protect Charter." www.montrealgazette.com. Montreal Gazette. 31 Mar. 2014. Web. 02 Apr. 2014.
One way that Louis Riel changed Manitoba forever was the creation of the Métis Bill of Rights. The Métis Bill of Rights was a revised list of rights that Louis Riel’s provisional government proposed to the Government of Canada. One aspect of this Bill of Rights was “The right to elect their own Legislative Assembly, with the power to pass all local laws,” (Clark and McKay 220). It is clear that this request was granted and still stands today. Without Louis Riel’s effort on this issue who knows when Manitoba would have gotten its own elected Legislative Assembly. Some argue that everything Louis Riel accomplished with the Métis Bill of Rights would have eventually been enacted by Parliament. However, this is untrue for numerous reasons. One of which is how the Métis Bill of Rights consisted of many rights intended specifically for minorities such as Métis or French-Canadians. The federal government at the time did not have minorities on its mind which made it hard for legislation relating to minorities to be passed. Another way that the Métis Bill of Rights still affects us today is how it ensured “The right to have Winnipeg connected by rail to the nearest railw...
The year 1907 marked the beginning of treaty making in Canada. The British Crown claims to negotiate treaties in pursuance of peaceful relations between Aboriginal peoples and non-Aboriginals (Canada, p. 3, 2011). Treaties started as agreements for peace and military purposes but later transformed into land entitlements (Egan, 2012, p. 400). The Royal Proclamation of 1763, which recognizes Indian sovereignty and its entitlement to land, became the benchmark for treaty making in Canada (Epp, 2008, p. 133; Isaac & Annis, p. 47, 48; Leeson, 2008, p. 226). There are currently 70 recognized treaties in Canada, encompassing 50 percent of Canadian land mass and representing over 600,000 First Nations people (Canada, 2013). These treaties usually have monetary provisions along with some financial benefits given by the Crown, in exchange for lands and its resources (Egan, 2012, p. 409). Its purpose should be an equal sharing of wealth that is beneficial for Aboriginal and non-Aboriginals (Egan, 2012, p. 414).
Since Wilfrid Laurier is a francophone prime minister, the help he brought to unify English and French speakers was significant. His action of compromising French and English in Canada allows the two cultures to come and prosper together. When Laurier finally triumphed in the 1896 election. The main issue at that period was the Manitoba School Question, a complex tangle of French and English language rights. The Manitoba Schools Question punched all the hot buttons of nineteenth century Canadian politics: it was a French-English issue, a Catholic-Protestant controversy, a conflict over the roles of the federal and provincial governments, and a struggle about the proper relationship between church and the state. It brought down a federal government and its shaky and ultimately short-lived resolution was a major defeat for French language and Catholic educational rights outside the province of Québec. So the action of compromising these two languages effectively solved the problem of disunion in the education system. The Balancing Act Wi...
The system in place is completely unsuitable and unhelpful for Native people and it shows just how indifferent Canada is to First Nations peoples’ well-being. Zimmerman explains in his article “Outcomes” that it is a well-known fact that Aboriginal people are overrepresented in the prison system (1992). There are so many reasons why this is so, and the majority of those reasons are because of the terrible way that Canada has interacted with them. They are isolated in their reserves, they are haunted by their residential school experiences, leading to alcoholism, domestic violence and neglect, and they face discrimination and a lack of social support from the government. Once an Aboriginal person finds themselves in the clutches of the prison system, the indifference begins. Canada’s criminal justice system is indifferent to an Aboriginal person’s cultural, spiritual, and individual needs that separate them from the average convicted person (Zimmerman, 1992). The criminal justice system ignores the unique idea of justice and restoration that First Nations peoples have, making it extremely irrelevant and unhelpful for them. First Nations peoples have linguistic and cultural barriers and a lack of counsel and understanding of the criminal processes and, therefore, have misguided rulings and inaccurate proceedings. Canada has not provided the cultural training and
... A successful strategy in the accommodation of national minorities within a liberal democracy could be founded upon mutual trust, recognition and sound financial arrangements. However, a certain degree of tension between central and regional institutions may remain as a constant threat in this complex relationship since they entertain opposing aims. The federal governments determination to protect its territorial integrity, and its will to foster a single national identity among its citizens clashes with Quebec’s wish to be recognized as a separate nation and decide upon its political destiny and to foster its distinct identity (Guibernau pg.72). Moreover, if the ROC and the federal government can come to an agreement on terms that satisfy the majority and an identity that encompasses the heart of a country; Canada will continue to exist with or without Quebec.
Moreover, many tools were created in Quebec by governments to insure that they’re perceived threat to the French language would be stopped or slowed down. One of these tools is Bill 101. In 1977, Rene Levesque, implemented Bill 101 as a way of controlling the reduction in the use of French within Quebec. This Bill added many restrictions on the use o...
Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the explicit recognition of First Nations rights to their traditional lands, which have a deep societal meaning for aboriginal groups. Several issues must be discussed to understand the complex and intimate relationship all aboriginal societies have with the earth. Exploration into the effects that the absence of these rights has had the Cree of the Eastern James Bay area, will provide a more thorough understanding of the depth of the issue. Overall, the unique cultural relationship First Nations people of Canada have with Mother Earth needs to be incorporated into the documents of the Canadian Constitution to ensure the preservation and protection of Canadian First Nations cultural and heritage rights.s
Firstly, the diverse culture, history, and language of Quebec and the English speaking provinces. Secondly, the economic power is preserved by the local government of Quebec. Thirdly, the relationship between Quebec’s local government and the federal government of Canada, including the discussed laws and policies. By viewing these three main perspectives, I believe that Quebec should be independent. The Francophone’s population made up twenty-five percent of Canada’s population, and they mainly resided in Quebec.
The Indian act, since being passed by Parliament in 1876, has been quite the validity test for Aboriginal affairs occurring in Canada. Only a minority of documents in Canadian history have bred as much dismay, anger and debate compared to the Indian Act—but the legislation continues as a central element in the management of Aboriginal affairs in Canada. Aboriginal hatred against current and historic terms of the Indian Act is powerful, but Indigenous governments and politicians stand on different sides of the fence pertaining to value and/or purpose of the legislation. This is not shocking, considering the political cultures and structures of Aboriginal communities have been distorted and created by the imposition of the Indian Act.
(Parrott, Z. 07, March 13).All of their history significantly predates the arrival of European settlers. (Parrott, Z. 07, March 13). They were severely threatened by colonial forces, Aboriginal culture, language and social systems have shaped the development of Canada. (Parrott, Z. 07, March 13). There are about 10 cultural areas in North America where the Aboriginal tribes are divided. (Parrott, Z. 07, March 13). But only six areas are found within the borders of what is now Canada. (Parrott, Z. 07, March 13).All of these tribes that are in Canada before our time has had the most major part in founding our country. (Parrott, Z. 07, March 13).Of what they have accomplished then helped us for the long run now. (Parrott, Z. 07, March 13).We should be for respectful towards them and remember what all of them had to go
Canada and Quebec have always been in conflict from the confederation of 1867 to the Supreme court judgement on the secession of Quebec in 1998. Quebec faces several challenges in terms of constitutional relations with the rest of Canada. Quebec is seeking a special status to preserve and protect its culture and language, while the rest of English-speaking Canada accepts the view of provincial equality. There have been attempts to recognize Quebec's concerns through constitutional amendments, but these attempts have not lived up to Quebec's expectations and for the most parts have failed. Quebec has threatened Canada throughout history with separation from Canada. These threats have not been ignored, the rest of Canada realizes the devastating impact economically and politically if Quebec did separate but they cannot reach a compromise. Canada has as tried to encourage Quebec not to separate from Canada. In 1995 Quebec held its second referendum on sovereignly and the separatists narrowly lost the province wide. The province brought the case to the Supreme court of Canada to rule on the legal guidelines of unilateral secession under Canadian and international law, in the end some say the federalists (those not wanting to separate) came out on top. In this essay I will discuss the various historical attempts made by government to keep Quebec a part of Canada. I will also attempt to explain the impact of the Supreme Court Ruling on the Quebec secession. Many argue that the federalist won in the decision but that statement is debatable. Both Quebec and the rest of Canada won in the ruling. I believe that English Canadians should spend some time getting to know their French neighbors and vice ...
In this paper, I plan to take a deeper look at this situation and try to figure out what it would actually be like if Quebec was its own country. & nbsp ; & nbsp ; & nbsp ; & nbsp ; & nbs The premier of Quebec, Lucien Bouchard, has been attempting to separate from Canada for quite sometime. If he had it his way, this topic would be old news by now. His main problem is the Federalist, English speaking citizens of his province. They have been very vocal on their stance to stay apart of Canada. They have sent around several resolutions stating this.