Lecture 2 Essay

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Definition of Law a set of rules established by government, which are enforced

Sources of Law
Constitutions
Division of power (S91+S92)
91 federal jurisdiction
92 provincial jurisdiction if not included in either list, defaults to federal, known as residual value if both laws the same direction, comply to stricter
If conflicting, federal>provincial treaties are also part of constitutional law, Canada cannot pass law against the treaty, laws the contradict that has no effect
Charter
Fundamental rights and freedoms
Freedom of speech/expression
Freedom of religion
Freedom of association
Freedom of conscience, thoughts and belief
Freedom of mobility
Quality rights (not to be discriminated based on race, age, gender)
Democratic rights
Freedom of peaceful assembly
Legal rights free from arbitrary, not to be subject to search without evidence, right to have trial within a reasonable time, right to receive opinion from lawyer
Language rights
Section 32 only government can infringe your charter right charter only applies to government authority
Each Province has human rights code and it does apply to private part intended for workplace, housing and social or government services. victims did not have choice, expensive to go to court.
Human rights commission will set up a reasonable approach to settle the dispute.
Limitations
Section 33 government can avoid charter if they claim they are doing it government very reluctant to use such law
Section 1
Rights and freedoms are never absolute but subject to reasonable
Statues/Legislation

Cases/President/Common Law

Civil vs criminal law anything that is not criminal law is civil law criminal law is about punishment of breaking the rules of the

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