historical influences on canadian law
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Historical Influences on Canadian Law
Where'd Those Laws Come From?
Although Canadian Law reflects aspects of Mosaic, Greek, Roman, and French law, it is British law that has had the most influence in Canada
Early British LawWhen the Romans left
Britain around the year 410, the law in Britain gradually began to reflect local customs and traditions.
The types of trials was one of these, and included:Trial by OrdealTrial by Oath HelpingTrial by Combat
A system of government based on the relationship between Lords and their vassals.
The King would rule by Divine Right ( your power came from God and you were accountable only to Him)
William the Conqueror began establishing a system of Land Ownership where the nobles were Judges
Penalties were different, there were no rules of evidence, rights of the accused were not considered.
In the 12th Century the people rose up because of this.
The Feudal System
Early TrialsTrial by Ordeal
Torture used to determine guilt or innocence.
Only for trials involving death penalty
Trial by Oath HelpingFriends would swear on the
Bible about your innocenceGod would punish them if
they lied.Trial by Combat
The innocent person would win the battle with God’s help
Common LawKing Henry II solves the
problem by appointing Circuit Judges to travel the land holding court, called Assizes
Judgements eventually became similar or Common
Judges began to record their decisions and these records became known as Case Law
Main Features of Common Law
Stare Decisis Judges began to read
the decisions of other judges
If they had a similar case, a judge would make a similar decision
The above Latin phrase means “to stand by the decision”
Rule of Precedent The process of applying
Stare Decisis , provided the facts of the case were similar, developed into the Rule of Precedent
The Jury 12 Land Owners who
would testify at property disputes(not reach a verdict)
The Magna CartaIn June of 1215, King
John is forced to sign the Magna Carta, which:Establishes the Rule
of LawGave Equality
Before the LawRequired Habeus
Corpus (the right to see a Judge when arrested)
Other InfluencesNapoleonic Code
Regulated civil matters, such as Property, Wills, Contracts, and Family Law
It forms the foundation of the Quebec Civil Code
Aboriginal LawRecognized land
claims and Treaty Rights
Emphasized Community Involvement and Rehabilitation
Idea of Restorative Justice by taking responsibility for ones actions
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