Sources of Law in Canada

Common Law The Canadian legal

system has its foundation in the British common law system

Quebec, however, still retains a civil system for issues of private law.

Both legal systems are subject to the Constitution of Canada.

Statute Law Statute law is written law

set down by a legislature Statutes may originate

with the federal or provincial legislatures or local municipalities.

Statutes of lower jurisdictions are subordinate to the law of higher.

Each level of government can only write laws within its’ jurisdiction

Federal Government The national Parliament

has power “to make laws for the peace, order and good government of Canada,”

These include criminal law, defence, penitentiaries, employment insurance, banking, currency, marriage, divorce, and postal services

Provincial Government The provincial

parliaments have jurisdiction over: Police & Provincial Prisons Hospitals Municipalities Licensing Solemnization of Marriage Property Provincial Courts Natural Resources Education Roads & Highways

Municipal Jurisdiction The most important local

governments are municipal government.

The provinces have exclusive jurisdiction over municipal affairs, under the constitution.

The Municipal Act is a consolidated statute governing the extent of powers and duties, internal organization and structure of municipalities in Ontario.

Aboriginal Government Indian bands can have a

range of governmental powers over reserve lands under the federal Indian Act.

Other Aboriginal governments, such as self-governments, exercise governmental powers as a result of specific agreements negotiated with the federal and provincial or territorial governments.

The Consitution Acts of 1867 & 1982 Canadian

constitutional law involves the interpretation and application of the Constitution of Canada by the Courts.

All laws of Canada, both provincial and federal, must conform to the Constitution

A law may be challenged on its validity, applicability, or operability.

Any laws inconsistent with the Constitution have no force or effect.