Introduction to the Canadian Legal System 1st edition by Sasha Baglay 0134601017 9780134601014

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ISBN-10 :  0134601017 

ISBN-13 :  9780134601014‎

Author: Sasha Baglay

Introduction to the Canadian Legal System goes beyond the mere outline of the basics and seeks to help students challenge and question legal rules. It includes a variety of case studies that exemplify the workings of the law and help students see the connections between the discussed rules and real life.

Introduction to the Canadian Legal System 1st Table of contents:

Part 1 Introduction to Law
Chapter 1 What is Law?
Learning Objectives
Chapter Outline
Introduction
1. How is Law Developed and Expressed?
2. What are the Functions of the Law?
2.1 Order and Regulation
2.2 Justice
2.3 Social Change
3. What Values does Law Reflect and what Values should it Reflect?
4. What are the Characteristics of Legal Rules?
5. Why do People Obey Legal Rules?
6. The Rule of Law
7. Types of Law
7.1 Domestic versus International Law
7.2 By Subject Matter
7.3 Public versus Private Law
7.4 Substantive versus Procedural Law
Summary
Critical Thinking Questions
Further Readings and Useful Resources
Endnotes
Chapter 2 Systems and Sources of Law
Learning Objectives
Chapter Outline
Introduction
Part I. Overview of Selected Systems of Law
1. Chthonic Legal Tradition
2. Religious-Based Systems of Law
3. Socialist Systems
4. Common Law System
5. Civil Law System
5.1 Common Law and Civil Law Compared
6. Mixed Systems
Part II. System of Law in Canada
1. Reception of European Civil and Common Law in Canada
2. First Nations Legal Traditions
Part III. Sources of Law in Canada
1. Legislation
1.1 Statutes
1.2 Subordinate Legislation
1.3 Finding and Citing Statutes and Subordinate Legislation
2. Case Law
2.1 Ratio Decidendi and Obiter Dicta
2.2 Binding and Persuasive Precedents
2.3 Researching, Understanding, and Applying Judicial Decisions: R v Hamilton, [2004] OJ No 3252
3. Interrelationship between Case Law and Legislation
Summary
Critical Thinking Questions
Further Readings and Resources
Endnotes
Chapter 3 Structure of Canadian Government
Learning Objectives
Chapter Outline
Introduction
Part I. Systems of Government
1. Democracies versus Authoritarian and Totalitarian Regimes
2. Republics versus Monarchies
3. Parliamentary, Presidential, and Mixed Systems
4. Unitary versus Federal States
Part II. Structure of Canadian Government
1. Branches of Government
1.1 Legislative Branch
1.1.1 Statutory Enactment Process
1.2 Executive Branch
1.3 Judicial Branch
2. Interaction between Branches of Government
2.1 Impact on the Formation of the Law
2.2 Government Accountability
3. Federalism: The Interaction between Levels of Government
4. External Pressures: Interest Groups
4.1 Lobbying
4.2 Litigation
Part III. Aboriginal Self-Government
1. Brief Historic Overview
2. Inherent Right of Aboriginal Peoples to Self-Government and its Implementation
Summary
Critical Thinking Questions
Further Readings and Useful Resources
Endnotes
Chapter 4 Canada’s Courts
Learning Objectives
Chapter Outline
Introduction
Part I. Substantive Issues
1. Power to Establish Courts and Appoint Judges
2. Functions of Courts
2.1 Resolving Disputes
2.2 Interpreting Legislation
2.3 Overseeing Administrative Decision Making
2.4 Reviewing Constitutionality of Government Actions and/or Legislation
3. Jurisdiction of Courts
4. Participants in Litigation
5. Structure of Canadian Courts
5.1 Provincial Court System: Ontario
5.1.1 Ontario Court of Justice
5.1.2 Superior Court of Justice
5.1.3 Court of Appeal for Ontario
5.1.4 Specialized Courts
5.2 Federal Courts
5.2.1 The Supreme Court of Canada
6. Key Features of the Court System
6.1 Open Court
6.2 Formality and Decorum
6.3 Adversarial System
7. Judicial Appointments
7.1 Appointments to Lowest Provincial Courts
7.2 Appointments to Provincial Superior Courts and Federally Created Courts
7.3 Appointments to the Supreme Court of Canada
7.4 Judicial Ethics
7.5 Judicial Misconduct
8. Administrative Tribunals
Part II. Critical Perspectives
1. Access to Justice
2. Adversarial System, Vulnerable Witnesses, and Discovery of the Truth
2.1 Does the Adversarial Process Facilitate Discovery of the Truth?
2.2 Is the Adversarial Process Well Equipped to Deal Sensitively with Vulnerable Witnesses?
Summary
Critical Thinking Questions
Further Readings and Useful Resources
Endnotes
Chapter 5 Theoretical Perspectives
Learning Objectives
Chapter Outline
Introduction
1. Natural Law
2. Positivism
3. Legal Realism
4. Critical Perspectives
4.1 Critical Legal Studies
4.2 Critical Race Theory
4.3 Feminist Theory
5. Legal Pluralism
Summary
Critical Thinking Questions
Further Readings and Useful Resources
Endnotes
Chapter 6 The Constitution and the Charter of Rights and Freedoms
Learning Objectives
Chapter Outline
Introduction
Part I. Substantive Law
1. What is a Constitution?
2. Canada’s Constitution: An Overview
2.1 Constitution Act, 1867
2.2 Constitution Act, 1982
3. Attempts for Further Constitutional Reform
3.1 Meech Lake Accord (1987)
3.2 Charlottetown Accord (1992)
4. The Charter of Rights and Freedoms
4.1 Charter Rights
4.1.1 What is the Meaning and Scope of Each Right?
4.1.2 Reconciling Competing Rights
4.2 Limitations on Charter Rights
4.2.1 Section 1
4.2.2 Section 33
4.3 Application of the Charter
4.4 Remedies under the Charter
5. Impact of the Charter
Part II. Critical Perspectives
1. How has the Charter Influenced Political Life in Canada?
1.1 Judicial Role in Policy Making
1.2 Interaction between Legislatures and Courts in the Context of Charter Challenges
2. Who has Benefited from Charter Challenges the Most?
3. Has the Charter Brought about Positive Changes Overall?
Summary
Critical Thinking Questions
Further Readings and Resources
Endnotes
Part 2 Selected Areas of Law and Critical Perspectives
Chapter 7 Administrative Law
Learning Objectives
Chapter Outline
Introduction
1. Administrative Agencies and Decision Making: An Overview
1.1 Administrative Agencies
1.2 Administrative Decision Making
1.2.1 Powers of the Decision Maker
1.2.2 Decision Making Procedure
1.3 Key Principles of Administrative Law
2. Fairness of Decision Making
2.1 The Right to be Heard
2.1.1 The Nature of the Decision
2.1.2 The Nature of the Statutory Scheme
2.1.3 The Importance of the Decision to the Individual Affected
2.1.4 Legitimate Expectations of the Parties
2.1.5 Procedure Chosen by the Agency
2.2 The Right to Have a Decision Made by an Independent and Impartial Decision Maker
3. Administrative Tribunals and Fair Process
4. Oversight of Administrative Decision Making: Appeal and Judicial Review
4.1 Appeal
4.2 Judicial Review
4.2.1 Scope of Judicial Review
4.2.2 Standard of Review
5. Remedies
Summary
Critical Thinking Questions
Further Readings and Resources
Endnotes
Chapter 8 Criminal Law
Learning Objectives
Chapter Outline
Introduction
Part I. Substantive Law
1. The Basics of Criminal Law
1.1 Jurisdiction over Criminal Law and Sources of Criminal Law
1.2 Elements of an Offence
1.2.1 Actus Reus
1.2.2 Mens Rea
1.3 Safeguards to Ensure a Fair Criminal Process
2. Types of Offences
2.1 Summary Conviction, Indictable, and Hybrid Offences
2.2 True Crimes and Regulatory Offences
2.3 Incomplete Offences
3. Parties to an Offence
4. Defences
4.1 Self-Defence
4.2 Defence of Property
4.3 Not Criminally Responsible (NCR)
4.4 Automatism
4.5 Provocation
4.6 Duress
4.7 Necessity
4.8 Mistake of Fact
4.9 Consent
4.10 Intoxication
5. Sentencing
5.1 Sentencing Options
5.2 Objectives and Principles of Sentencing
Part II. Critical Perspectives
1. Bedford v Canada: Should Sex Work be Criminalized?
2. R v Hamilton: How should the Disadvantaged Background of an Accused Factor into Sentencing?
Summary
Critical Thinking Questions
Further Readings and Resources
Endnotes
Chapter 9 Contract Law
Learning Objectives
Chapter Outline
Introduction
Part I. Substantive Law
1. Main Principles of Contract Law
1.1 Formation of a Contract
1.2 Agreement
1.3 Intention to Create a Legally Binding Relationship
1.4 Consideration
1.5 Terms of a Contract
1.6 Legal Formalities
1.7 A Contract must Not be Illegal
1.8 Consequences of Not Fulfilling Essential Elements of a Contract
2. Capacity to Enter into Contracts
2.1 Minors
2.1.1 Contracts for Necessaries of Life
2.1.2 Contracts for Nonnecessaries of Life
2.2 Persons with Mental Disorders and Disabilities
2.3 Intoxicated Individuals
3. Privity of Contract
4. Circumstances Putting into Question Validity of a Contract
4.1 Mistakes
4.2 Misrepresentation
4.3 Coercing a Party into a Contract
4.3.1 Duress
4.3.2 Undue Influence
4.4 Unconscionability
5. Discharge of a Contract
5.1 By Performance
5.2 By Agreement
5.3 By Frustration
5.4 By Operation of the Law
5.5 By Breach
6. Remedies
6.1 Damages
6.2 Rescission
6.3 Specific Performance
6.4 Injunction
6.5 Rectification
Part II. Critical Perspectives
1. Classical Contract Law: Autonomy, Efficiency, and a Minimalist State
2. Contemporary Contract Law: Balancing Individual Autonomy and Protection of Weaker Parties
Summary
Critical Thinking Questions
Further Readings and Resources
Endnotes
Chapter 10 Tort Law
Learning Objectives
Chapter Outline
Introduction
Part I. Substantive Law
1. Functions of Tort Law
2. Types of Torts
2.1 Intentional Torts
2.1.1 Battery
2.1.2 Assault
2.1.3 False Imprisonment
2.1.4 Trespass to Land
2.1.5 Wrongful Interference with Chattels
2.1.6 Defamation
2.1.7 Defences to Intentional Torts
2.2 Negligence
2.2.1 Duty of Care
2.2.2 How do we Know when a Duty of Care Exists?
2.2.3 Breach of the Duty of Care and the Standard of a “Reasonable Person”
2.2.4 Causation and Proximity
2.2.5 Defences to Torts of Negligence
3. Special Categories of Liability
3.1 Strict Liability
3.2 Nuisance
3.3 Occupier’s Liability
3.4 Crown Liability
4. Contributory Fault or Negligence
5. Joint Tortfeasors
6. Remedies
6.1 Damages
6.1.1 How do Courts Calculate the Amount of Damages to be Awarded?
6.2 Other Remedies
Part II. Critical Perspectives
1. Theoretical Perspectives on Tort Law: An Overview
2. What Harm is Recognized as Compensable?
3. What is the Impact of Gender/Race/Class Factors on the Calculation of Future Loss of Income?
3.1 Reliance on Gendered and Race-Specific Income Tables
3.2 Presumptions about Women’s Lifestyles
3.3 Reliance on Family Background as a Predictor of Future Education and Career Achievement
Summary
Critical Thinking Questions
Further Readings and Useful Resources
Endnotes
Chapter 11 Family Law
Learning Objectives
Chapter Outline
Introduction
Part I. Substantive Law
1. Jurisdiction over Family Law
2. Formation of Marriage and Cohabitation
2.1 Marriage
2.2 Cohabitation
3. Rights and Obligations in Marriage and Cohabitation
4. Dissolution of Marriage
4.1 Divorce
4.2 Annulment
5. Issues upon Breakdown of Marriage or Cohabitation
6. Interrelationship of Family and Contract Law
7. Support Payments
7.1 Spousal Support
7.2 Child Support
7.3 Enforcement of Support Payments
8. Child Custody
9. Division of Property
9.1 Married Couples
9.2 Unmarried Couples
10. Family Violence
10.1 Public Law Remedies
10.2 Private Law Remedies: Torts
Part II. Critical Perspectives
1. Choice, Autonomy, and Power Imbalance in Family Law
2. Law and Social Change: Lesbian Families, Assisted Conception, and Donor’s Right to Custody and Access
Summary
Critical Thinking Questions
Further Readings and Resources
Endnotes
Chapter 12 Human Rights in Canada
Learning Objectives
Chapter Outline
Introduction
Part I. International Human Rights
1. International Human Rights Treaties
1.1 The International Covenant on Civil and Political Rights (ICCPR)
1.2 The International Covenant on Economic, Social and Cultural Rights (ICESCR)
1.3 Convention against Torture (CAT)
2. International Treaty Bodies
3. Canada and the International Human Rights System
3.1 Canada’s Sixth Periodic Report to the Committee Against Torture
3.2 An Individual Complaint Against Canada to the Committee Against Torture
4. Do International Human Rights Make a Difference?
4.1 What is Canada’s International Human Rights Record?
Part II. Canadian Human Rights Act and Provincial Human Rights Codes
1. Situation Prior to the Implementation of the Canadian Human Rights Act and Provincial Codes
2. Key Elements of Human Rights Systems
2.1 Types of Discriminatory Treatment and Prohibited Grounds of Discrimination
2.2 Duty to Accommodate
2.3 Human Rights Commissions and/or Tribunals
3. Ontario Human Rights Code and System
Summary
Critical Thinking Questions
Further Readings and Resources
Endnotes
Alternative Dispute Resolution and Restorative Justice Initiatives
Learning Objectives
Introduction

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