Unit 1 – Heritage of Law
Chapter 2 – Sources and
Categories of Law
Primary Sources of Law
Agenda



1. Primary Sources of Law lesson
2. Take-up Brandeis Brief/Court (1908),
p.81 & do ?’s 1-3 on page 81
4. Homework-read Re Resolution to
Amend the Constitution of Canada, [1981]
1SCR 753 p.44 & do ?’s 1-4 on p.45
Learning Goal for Today

By the end of the lesson(s), students will
be able to distinguish between primary
and secondary sources of law
Expectations


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
Primary Sources of Law



Primary Sources of Law
Those parts of the legal system that have
the longest historical development
Represent the system’s cumulative values,
beliefs, and principles
Primary Sources of Law
Influence of Social and Political Philosophy
 Holocaust
 US Civil Rights Movement
 CCF/Depression impact on social security,
EI, and workers’ compensation
 Parti Quebecois/Bloc Quebecois
Primary Sources of Law
Is Anti-Semitism Dead?
(Don’t Write)
One cartoon, in Montreal’s fiscally conservative but
otherwise left-leaning La Presse, showed Dumont
dressed up as an ultra-orthodox Jew, sporting
sidecurls and a broad-brimmed fur hat, with a sinister
and crazed expression on his face. “Next week, I’ll be
courted by nude cyclists…” he says. No matter that
Quebec’s Jews are mostly secular and bilingual, or
that the ultra-orthodox make up a minuscule minority
of Quebec Jewry – less than 5%. The same paper’s
page one headline, “Dumont courtise par la
communaute juive,” was included inside the cartoon.
The fact that Dumont’s having met with Jewish
fundraisers earned it front page coverage speaks
volumes, as does use of the word “courtise,” or
“courted.” Dumont, it seems, was being seduced by
those who would lead him down the primrose path.
Primary Sources of Law
Is Anti-Semitism
Dead?
Discuss
Primary Sources of Law




Drummond Wren, [1945] OR 778 (HC, in
Chambers)
Restrictive Covenant regarding Jews or
persons of objectionable nationality
Against Public Policy
Violated Racial Discrimination Act passed
in Ontario in 1944
Primary Sources of Law
Custom – a long established way of doing
something, that over time, has acquired
the force of law (original Sunday shopping
ban)
Convention – a way of doing something that
has been accepted for so long that it
amounts to an unwritten rule (ex.
Governor General is Canadian)
Primary Sources of Law


Canada’s laws reflect our Judeo-Christian
heritage
Primary source Old Testament of Christian
Bible

First 5 books include Jewish Torah
Primary Sources of Law
Core of laws – 10 commandments, forbade:
 Murder and theft
 False witness
 Worship of other gods
Christianity – as taught by Jesus, contained
the 10 commandments and many other
aspects of Jewish Law
Primary Sources of Law
Religion came to Canada along with
Christian missionaries and colonists in the
16th and 17th century
 Profound effect on Canadian law


Ex Preamble of Charter: Whereas Canada is
founded upon principles that recognize the
supremacy of God and the rule of law
Natural law connection
Primary Sources of Law
Other countries have laws that reflect their
religious heritage
Examples? Qur’an, Hinduism, Shintoism
Canada’s laws also reflect the influence of
moral philosophy or ethics
Primary Sources of Law


Moral philosophy deals with the distinction
between right and wrong in human
behaviour and laws are affirmations of
what society considers good and bad
Canada’s laws reflect strong moral sense
that certain actions are wrong by their
very nature – not because religion forbids
it but because human reason tells us so
Humor Break
Homework


Homework-read Re Resolution to Amend
the Constitution of Canada, [1981] 1SCR
753 p.44 & do ?’s 1-4 on p.45
Complete reading and summary notes
according to last Friday’s handout
Primary Sources of Law
Handout (given out last Friday):
Summarize notes from Chapter 2 for:
 Lord’s Day Act (religious origin, issue,
passage, challenge by big M)
 Greek Influences (citizen participation &
jury – s.3/11 of Charter)
 Roman Influences (Code, lawyers)
 Aboriginal Influences (oral tradition,
Gayanashagowa, self-government,
Nunavut)
Primary Sources of Law
Summarize Notes for:
 British influences – huge influence (jury,
presumption of innocence, rule of law)
 medieval history (trial by ordeal, William,
King Henry II/circuit judges =
caselaw/common law)
Primary Sources of Law
Summarize notes for:
 French Influences (French civil law &
where it came from and link to Quebec
civil code)
Primary Sources of Law
Summarize notes for:
 Canadian examples of influence of custom
and convention (village/beach ex. and
repatriation constitutional amending
formula convention contraversy)
 Note case on point on page 44 & 45 is
part of assigned cases and questions