Evolution of Law in Canada: From Henry II to Charter, Slides of Law

Download Evolution of Law in Canada: From Henry II to Charter and more Slides Law in PDF only on Docsity! The History of Common Law and Statute Law in Canada Docsity.com Outline This talk will cover common law in Canada – The introduction by Henry II – The Supremacy of Parliament – The Constitution Acts of 1867 and 1982 – The Charter of Rights and Freedoms – The regulation of professional engineering – Legal basis of contract law and liability in tort Docsity.com History Parliament became a second source of law: – A statute or a statute law is law written by the legislative body – These are usually normalizations or codifications of various common law precedence • Statute law takes precedence over common law • Exceptions exist: the Act of Supremacy of 1534 of King Henry VIII – In Canada, the federal and provincial legislatures are allowed to enact statutes Docsity.com The Canadian Constitution Act 1867 The document which defines the authorities of Parliament, of the federal government, and the provincial governments is the Canadian Constitution Act of 1867 – Viewable at http://laws.justice.gc.ca/en/Const/ Docsity.com The Canadian Constitution Act of 1867 The Constitution Act of 1867 states the powers of the federal and provincial governments – Section 91 lists twenty-nine areas exclusive to federal legislation Public debt and property, Trade and commerce, Taxation for federal purposes, Statistics, Defence, Currency and coinage, Banking, Weights and measures, Bankruptcy, Patents, Copyrights, Criminal law – Section 92 lists sixteen areas exclusive to provincial legislation Taxation for provincial purposes, Hospitals, Municipal institutions, Local business and public works, Incorporation, Property and civil rights, Punishments and “generally all matters of merely local or private nature within the province” Docsity.com Statute Law and Common Law To demonstrate the relationship between common law and statute law, consider the case of the Alberta statute Individual Rights Protection Act – The Charter of Rights and Freedoms listed specific freedoms – This act did not extend protection to gays and lesbians whose rights were violated as a result of their sexual orientation – The Supreme Court of Canada, on April 2, 1998, observed that while sexual orientation was not explicitly listed in the Charter, it is reasonable that it should be included – The Charter is an example of a statute law; the extension is an example of common law Docsity.com Delegation of Authority Authority may be delegated by either the provincial or federal governments other bodies – Provincial governments provide for municipalities which have their own by-laws, codes, etc. – Regulatory bodies (such as Professional Engineers Ontario) may have specific responsibilities Docsity.com Professional Engineering and the Law The engineer must be aware of: – The basis of Law in Canada – Relevant statutes – The theory of common law and relevant cases which have defined precedence – Additional regulations, standards, codes, by-laws and rules Docsity.com Professional Engineering and the Law Engineers must also be aware of the tort of negligence – Tort is also founded in common law – It is equally critical to understand the relevant cases – Again, certain aspects are covered by statute: • Limitations Act (Ontario) • Workplace Safety and Insurance Act (Ontario) – I.e., worker’s compensation Docsity.com Summary This talk covered a history of common law in Canada – The introduction by Henry II – The Supremacy of Parliament – The Constitution Acts of 1867 and 1982 – The Charter of Rights and Freedoms – The regulation of professional engineering – Legal basis of contract law and liability in tort Docsity.com References [1] Gordon C. Andrews, Canadian Professional Engineering and Geoscience- Practice and Ethics, Nelson Education Ltd., 2009. [2] Professional Engineers Act General R.R.O. 1990, Regulation 941. http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900941_e.htm [3] Professional Engineers Act General R.R.O. 1990, Regulation 941. http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_900941_e.htm Docsity.com