CHV20 Canada S Legal System
CHV20 Canada’s Legal System
Origins of Canadian Law:
Aboriginal influence- Family and Clans are led by a ______and an informal council of elders. Decisions were made by ______.
French influence- French Civil Code
Set out a list of ______and ______that were to be used in courts.
Formed the basis of the Quebec Civil Code, used in Quebec today. (also in Louisiana and Belgium)
British Influence- Parliamentary System with HOC.
Include ______(which means the right of an accused to know what they are being charged for, the right to a speedy and fair trial and the right to be presumed innocent until found guilty)
Two types of Court systems within our Judicial Branch:
1.
2.
In both systems, a citizen brings their issue to the ______first. If the case is unsuccessful, it can be taken to a higher court for an______(a request to reconsider the decision of the lower court).
The court of the final appeal is the ______.
Civil Law / Criminal LawCivil Law is divided into ______major subdivisions:
1. ______, 2. Tort law, 3. Family law.
It includes legal disputes between private individuals or ______.
Civil cases rarely involve a ______and are almost always decided by a ______. Although the person found guilty cannot go to ______, the plaintiff (the person making the complaint in a court of law) can be awarded for ______. The plaintiff will be compensated often through a financial reward system.
THINK ______! / Criminal Law is divided into ______categories:
1. Summary Offences, 2. Indictable Offences, and 3. ______Offences.
Criminal law has the belief that a crime against another person in society is a crime against ______.
For example, theft, ______, kidnapping and murder are criminal acts where the perpetrator would be arrested by the ______.
The accused would then go to court where the case is prosecuted by the ______.
The Canadian Criminal Code:
In Canada, ______law, or ______law, is governed by the Criminal Code of Canada.
The Code:______.
Making the Laws in Canada:
Different levels of government require different types of procedures for passing laws
______level- laws are passed by a council through a simple majority vote.
By-laws
______Level- each new piece of legislation goes through 3 readings.
Signed into law by the ______if it passes all 3 readings.
Who makes the Federal Laws in Canada?
______including the House of Commons and the Senate function to make, change and repeal (remove) laws in the Federal government.
The ______and the Cabinet are also members of parliament that are a part of the making of laws in Canada.
Bills at the Federal level are introduced in the ______by the government. On occasion the Senate or an opposition member will introduce a bill.
How a Bill Becomes a Law at the Federal Level
1. A cabinet minister, private member or other sources present an idea.
2. The idea is presented and explained to cabinet.
3. The idea is approved by cabinet (the cabinet rarely disapproves an idea).
4. The idea is investigated by civil servants.
5. The idea is drafted into the form of a bill. This is done by lawyers.
6. Members of cabinet examine the drafted bill.
7. Cabinet and caucus approve the bill.
8. FIRST READING – The bill is introduced to legislature.
9. SECOND READING – The principle of the bill is debated by legislature. Legislature then votes on the bill and gives it royal assent.
20. The bill becomes a law.
10. The bill is examined one more time by legislature.
11. The public is able to express their views of the bill.
12. A hearing is held where the suggestion are made to revise the bill.
13. Recommendations to amend the bill are presented to legislature.
14. The bill is amended.
15. THIRD READING – The amended bill is reviewed one more and introduced to legislature.
16. The final vote is taken to enable the bill to become a law.
17. During House of Commons the senate examines, debates and amends the bill.
18. The bill is passed by senate.
19. The bill is sent to the Governor General for royal assent (signature) on behalf of the Queen. Remember at the provincial level the Lieutenant-Governor.