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Law Note Definitions (key words) Lobby trying to influence the government into passing laws Defendant criminal

criminal law the person charged with an offence civil law the person being sued Codification assembling laws into statue Code of Hammurabi Babylon 1750 BCE Appeal referring to a higher court Plaintiff person suing in civil action

Types and Division of Law (key words) Procedural protecting rights Substantive persons rights and responsibilities Civil private law, between private citizens, Quebec Family family life Criminal public law, crimes Administrative government bodies and agencies Labour and employment employers and employees Case - written decision of judges, common law Private private citizens and organizations Tort damages Property individuals and property Constitutional structures and powers of federal and provincial governments Public individuals and government

Charter of Rights and Freedoms and Oaks Test Section 1: Reasonable Limits Clause Individual rights and freedoms are guaranteed, but are subject to reasonable limits Oakes Test determine whether right should be limited o Reason for limiting right must be important enough to justify overriding constitutionally-protected right o Must be rational connection between limitation of rights and objective of legislation o Right must be limited as little as possible o More severe the limitation, more important the objective

Others Freedoms of conscience and religion Freem for though, belief, opinion, and expression Freedom of peaceful assembly Freedom of association Democratic rights Mobility rights Legal rights (life, liberty, sercurity)

History of Law Code of Hammurabi 300 laws carved into stone Modern day Iraq 1750 BCE

Mosaic Law Ten Commandment 1240 BC

Justinian Code Codified 100 years of law Equality under the law historical context 550 CE

Magna Carta Rulers accountable under the law 1215 AD

Napoleonic Code French Civil Code Legal model for European Countries 1804

Functions of Law Establish rules of conduct To reduce conflict and provide guidlines Provide a system of enforcement To ensure laws are followed Protect our rights and freedoms Encourages respect Protects society Protects citizens from harm Resolve disputes Settle conflicts

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Legal System

Human Rights Recourse- complainant must bring forth case against respondent within 1 year Not punishment for respondent must compensation for complainaint o Letters of apology o Paying lost wages or benefits o Paying for mental anguish o Re-hire employee o Set up programs anti-discrimination and harassment

LGTBQ Until 1967, homosexuality was a crime and dealt with in the Criminal Code Trudeau decriminalized homosexuality Gay right movement in the US influenced Canadas laws Government changed dozens of laws, giving same-sex couples equal standing as heterosexuals Egale Canada promotes equality in Canadian Human Rights Act

Disabilities Most individuals face barriers (social, physical) There was a lack of suitable transportation and poor building access In the 1980s, Canada pushed to close institutions that housing those with disabilities The aim for increased accessibility for Ontario is 2015

Aboriginals Europeans began arriving in NA in 1600s, formed alliances with First Nations Alliance maintained Fur Trade and support conflicts like Seven Years War Royal Proclamation recognized Aboriginal peoples as nations 1960, Aboriginals got the right to vote 1968, the federal government passed the Indian Act 1969, Trudeaus government released a policy document with 2 main point o Aboriginal people had no special status o Repeal of Indian Act Issues faced today: o Barriers to equality o Poverty o Low education o Health o Drug/alcohol abuse o Unemployment o Racism