MODULE 1THE LEGAL SYSTEM
Chapter Two – Part One
https://youtu.be/KCAd8aJ6PuY
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Definition of Law
• set of rules that can be enforced by the courts or
other government agencies
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The Law In Canada – Three Branches
of Government
1. Legislative (legislature) – creates
statute law
2. Executive – develops policy and
regulations
3. Judicial – makes court decisions
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The Federal Legislative Branch
Federal government – is composed of two parts Both parts
together are called Parliament.
1.
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•
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House of Commons
members are called Members of Parliament (MPs)
Federal elections
Map of federal ridings
2. The Senate
• members are called Senators
• Senators are appointed by the Prime Minister to represent
us
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Legislative Branch - Statutes
•
The legislative branch creates statutes, which are our
written laws
•
Federal laws (statutes) must be passed by a majority
vote of the Members of Parliament and the Senators
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How a bill becomes a law
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Any statute can be changed by this same process
(majority vote of the MPs and Senators)
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Legislative Branch - Provincial
• MLAs – Members of the Legislative Assembly are
elected to represent us
• Again, laws must be passed by a majority
• Map of Alberta ridings
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Upcoming Elections
•
Federal – on or before October 20, 2025
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Provincial – likely 2023
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Municipal – October 20, 2025
The Executive Branch
• The cabinet is the executive branch. Its members
are selected by the leader and are called cabinet
ministers
• The cabinet consists of all ministers heading
government departments, as well as the leader
(Prime Minister or Premier)
• Justin Trudeau is the current Prime Minister of
Canada; Jason Kenney is the current Premier of
Alberta
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The Executive Branch cont’d
• The text refers to this branch as the “political
executive”
• The executive is responsible for day-to-day
operations, including creating and implementing
government policy and making regulations
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The Judicial Branch
• The courts and the judges
• Judges are appointed
• The term “judiciary” means the judges
• The role of judges is to decide cases in court,
solve legal disputes and to interpret law
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MODULE 1THE LEGAL SYSTEM
End of Chapter Two – Part One
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MODULE 1THE LEGAL SYSTEM
Chapter Two – Part Two
https://youtu.be/pc0o28mGp80
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The Constitution
Supreme Law – the Canadian Constitution
• The supreme law of Canada that controls and
limits how the branches of government exercise
power
• The constitution creates the structure of
government, setting out rules that governments in
Canada must follow
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The Constitution
Supreme Law – the Canadian Constitution
• Applies to everyone in Canada when dealing with the
government
•
“everyone” and “person” includes individuals,
businesses and other groups
•
Consists of two important laws: Constitution Act (1867)
and Constitution Act (1982), and other parts, including
unwritten constitutional conventions
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Constitution Act (1867) - formerly
British North America Act
• law passed by Great Britain, created Canada,
created federal government and created provinces
• In Canada, the jurisdiction to make laws is divided
between the federal and provincial governments,
this is called the division of powers
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Division of Powers
• S 91 of the constitution sets out the jurisdiction of
the federal government; s 92 sets out the
jurisdiction of the provinces
• Provinces have delegated some of their authority
to municipal governments (cities) in the Municipal
Government Act
• Under our constitution, only the proper level of
government has authority to pass a law
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Division of Powers
s 91 – Federal
Drunk
Driving
s 92 – Provincial
Municipal
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Exclusive Jurisdiction
• jurisdiction that one level of government holds entirely
on its own; not shared with another level
• It is unconstitutional to make a law that is with the
exclusive power of the other level of government
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Example of Exclusive Powers
- Education
• The Government of Alberta is introducing new
curriculum for elementary schools
• Alberta made decisions about closing schools and
masking in schools in Alberta; other provinces did
things differently
• The City of Calgary makes decisions about busing for
schools in Calgary
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Concurrent Jurisdiction
• Means jurisdiction that is shared between levels of
government, under the division of powers (s 91 and 92)
(environment, taxes, public health)
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Characteristics of a Constitution
1. Entrenched
• Means the constitution is difficult to change. To
change the constitution, the federal government
and seven of the provinces, including either
Ontario or Quebec would have to agree
2. Supreme law
• The Constitution is the supreme law of Canada;
this means that the government must comply with
this law
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Characteristics of Constitution
cont’d
3. Paramountcy (paramount means
most important)
• If there is a conflict between the levels of
government, the federal government would win,
this is paramountcy
• Some problems involve both levels of
government, for example drunk driving
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Constitution Act, (1982) = Charter Rights
and Freedoms
• Law passed in 1982 that sets out our rights and
freedoms
• This is part of the constitution, so these rights and
freedoms apply to everyone in Canada when
dealing with the government
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MODULE 1THE LEGAL SYSTEM
End of Chapter Two – Part Two
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MODULE 1THE LEGAL SYSTEM
Chapter Two – Part Three
https://youtu.be/Casb0OF21nk
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Rights and Freedoms
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Freedom of association, expression (s 2)
right to vote ( s 3)
right to move between provinces ( s 6)
Legal rights (s 7-14)
Equality (s 15)
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Limits on Rights and Freedoms
• s 1 – any right can be limited if the limit is
reasonable
• Examples – freedom of expression
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Limits on Rights and Freedoms
• s 33 – “notwithstanding” – a government can pass
a law that does not follow s. 2 or s. 7-15 of the
Charter
• This section has been used in Quebec to pass its
language law, and more recently, its religious
symbols law
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Sources of Law
Cases
• decisions of judges in court
Statutes
• written laws passed by the legislature (politicians),
all available on-line
• Online at “Alberta Queen’s Printer” and “Justice
Laws Website”
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Legislature and Judiciary
• Legislature can pass any law (statute), as long as
it follows the constitution (Charter and division of
powers)
• This statute would override the case law
• The courts decide if a law is constitutional. If it is
unconstitutional, it is struck down
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Classifications of Law - Domestic
• The internal laws of a country, including both
statute and common law (case law)
• Laws within Canada are domestic
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Classifications of Law International
• Law that governs relations between Canada and
other countries
• This is set out in treaties, for example USMCA
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Classifications of Law – Public
• Areas of law that deals with the relationship
between persons and a government
• Government is ALWAYS involved in the case
• In Canada, tickets, fines and jail time only occur
with public laws
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Classifications of Law – Private
• Areas of law that concern the relationships
between persons
• If the government is not required to be involved,
so both sides could be individuals, or businesses,
the case is private
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Legal Systems

Legal system means a procedure for interpreting the
law, for example, religious law is a system

Legal systems link

There are two legal systems used in Canada:
1. Civil Law
2. Common Law
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Civil Law
• Judges refer to a set of written rules to decide
cases
• Decisions in court made by other judges are
referred to, but do not have to be followed
• Used for lawsuits in Quebec, and many other
countries
• Available online
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Common Law
•
Common law means rules created by judges in court
cases
•
Where there is no statute that would resolve the case,
judges follow the case law precedents to make
decisions, so like cases are treated alike
•
A precedent is a decision of a higher-level judge in the
same jurisdiction (province)
•
Common law is used for criminal cases in Quebec,
and for all other cases in Canada
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MODULE 1THE LEGAL SYSTEM
End of Chapter Two – Part Three
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