Unit 1 – Heritage of Law
Chapter 2 – Sources and
Categories of Law
Secondary Sources of Law–Part 2
Agenda
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1. Secondary Sources of Law - Part 2
2. Take-up Jantunen v. Ross (1991), 85
DLR (4th) 461, (Ont. Div.Ct.) p.52 & do ?’s
1-3 on p.53
3. Start review for test
Learning Goal for Today
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By the end of the lesson(s), students will
be able to distinguish between primary
and secondary sources of law
Expectations
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Students will: distinguish between primary
and secondary sources of law
CGE7e – witnesses Catholic social teaching
by promoting equality, democracy, and
solidarity for a just, peaceful and
compassionate society
Secondary Sources of Law Cont’d
Substantive law – a law that identifies the
rights and duties of a person or level of
government
Procedural law – a law that outlines the
methods or procedures that must be
followed in enforcing substantive laws
Secondary Sources of Law Cont’d
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Domestic law – a law that governs
activities within a particular country
International law – a law that has
jurisdiction in more than one country by
way of treaty
Secondary Sources of Law Cont’d
Domestic Law can be divided first into 2
categories:
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Public law - government <-> people
Private law – regulates disputes between
individuals, businesses and/or organizations
(other than the government)
Secondary Sources of Law Cont’d
Public law:
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Administrative law – governs relations
between the people and government
agencies, boards and departments
Secondary Sources of Law Cont’d
Public law:
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Criminal law – prohibits and punishes
behaviour that injures people, property,
and society as a whole
Secondary Sources of Law Cont’d
Public law:
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Constitutional law consists of/sets out:
written and unwritten laws
how the country will be governed
distribution of powers between the federal
and provincial government
certain important legal principles (ex. Charter)
Secondary Sources of Law Cont’d
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Constitutional Law
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Ultra-vires – outside jurisdiction
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Intra-vires – inside jurisdiction
Secondary Sources of Law Cont’d
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Section 91 of the Constitution Act, 1867
powers/jurisdiction of the federal government
(some below – write those with *)
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1. Public debt and property
2. Trade and commerce
3. Raising of $ and taxation
4. Borrowing of money on public credit
5. Postal service
7. *National defense
12. Sea Coast and Inland Fisheries
Secondary Sources of Law Cont’d
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Section 91 (cont’d)
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14. Currency and coinage
15. Banking and Paper Money
20. Legal tender
24. Indians and Lands reserved for Indians
26. *Marriage and divorce
27. *The Criminal Law, except the
Constitution of Courts of Criminal Jurisdiction,
including the procedure of criminal matters
Secondary Sources of Law Cont’d
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Section 92 of the Constitution Act, 1867
powers/jurisdiction of the provincial
government (some below – write those
with *)
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5. Management and Sale of Public Lands
(within province) and of the Timber and Wood
theron
7. Establishment, Maintenance and
Management of Hospitals, Asylums, Charities
and Charitable Institutions for the Province,
other than Marine Hospitals
Secondary Sources of Law Cont’d
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Section 92 (cont’d)
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8. *Municipal Institutions in the Province
10. Local Works and Undertakings, other than
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(a) Interprovincial Lines of Steams or other Ships, Railways,
Canals, Telegraphs, etc.
(b) Lines of Ships between the Province to any British or
Foreign Country
(c) Works within the province declared by Parliament to be
for the Advantage of Canada
12. *The Solemnization of Marriage in the Province
13. *Property and Civil Rights in the Province…
Secondary Sources of Law Cont’d
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Education and the Constitution
S.93 – education rights are outlined in
s.93 of the Constitution Act (more later… )
Secondary Sources of Law Cont’d
Private/Civil law
 plaintiff (person suing)
 defendant (person defending)
 “the balance of probabilities” (not proof beyond
a reasonable doubt)
Secondary Sources of Law Cont’d
Private law categories:
 Family law
 Contract law
 Tort law
 Wills and estates
 Property law (including copyright and real
estate law)
Secondary Sources of Law Cont’d
Family law – governs relations among
members of a family
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Ex. marriage, separation, divorce, child
custody, adoption
Secondary Sources of Law Cont’d
Contract law – governs agreements between
people or companies to purchase goods or
services
Secondary Sources of Law Cont’d
Tort law – covers civil wrong and damages
that one person or company causes to
another, when the wrongs or damages
arise independently of a contractual
relationship
 Damage can be caused deliberately or
through negligence
Secondary Sources of Law Cont’d
(EXTRA-TIME)
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Chae v. Min, 2001 ABQB 1071
CLASS DISCUSSION ON CONTRIBUTORY
NEGLIGENCE (page 60)
Decriminalizing Marijuana (page 57)
CLASS DISCUSSION
Secondary Sources of Law Cont’d
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More private law categories…
Estate law – regulates wills and probates,
and determines what happens to a
person’s property after death
Property law – applies primarily to the
buying, selling, and renting of land and
buildings and use to which land may be
put
Secondary Sources of Law Cont’d
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Property law… also applies to intangible
property such as patents and copyright,
stocks, bonds and other tangible property
(in addition to real estate) such as
jewellery, CD’s or any other personal
property)
Secondary Sources of Law Cont’d
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Activity – using the Ontario law report
provided, find an example of a criminal
law case and a civil law case
In reviewing the two cases, note the use
of the different terminology and who the
parties are that are involved
Write a few sentences comparing the
differences
Secondary Sources of Law Cont’d
Private/Public
Applying for a credit card
Received a traffic ticket
Problem crossing a
border
Interviewed by a Crown
Attorney
Pirated a song from the
internet
Member of
Neighborhood watch
Aboriginal land claims
Mentioned in a will
Category
Secondary Sources of Law Cont’d
Private/Public
Worked where there is a
union
Visit a correctional
facility
Phoned a government
agency for information
Signed a petition to
protect old growth trees
Has had a break-in or
theft
Has made a divorce
settlement
Property dispute with a
neighbor
Category
Secondary Sources of Law Cont’d
Private/Public
Paying GST and PST
Writes a letter that ruins
someone’s reputation
Signs a lease for a car
Buy out your business
partner
Attend a rally to protest
censorship of movies
Category
Humour Break
Homework
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Start reviewing for test