Professional Documents
Culture Documents
Chapter 1
The
Canadian
Legal System
Copyright © 2016 Pearson Canada Inc. 1-1
Learning Objectives
• Define what law is
• Identify the sources of Canadian laws and
distinguish their components
• Describe the structure of the courts in Canada and
illustrate the litigation process
• Outline the processes of trial and judgement
(Continued)
(Continued)
• Public law
– Regulates our relationship with government
• Private or Civil law
– Regulates personal, social, and business relationships
(Continued)
• Law of equity
– Decisions made by Courts of Chancery
– Based originally on fairness
– Developed to counter rigid common law
– Courts later merged, but bodies of law remained
separate
(Continued)
• Statutes
– Laws created by legislative bodies
– “Parliamentary supremacy” (i.e., legislation overrides
common law and law of equity)
– Often summarize or modify common law
– Includes government regulations
(Continued)
(Continued)
(Continued)
(Continued)
(Continued)
(Continued)
• Negotiation
– Parties discuss the problem with each other in order
to find a solution
– Process requires cooperation and compromise
– May be conducted through representatives
– Process may enhance relationship
– Agreement may not be legally binding
(Continued)
• Mediation
– Neutral outsider helps parties settle the dispute
– Communication facilitated by mediator
• Finds common ground
• Encourages concessions
– Mediator does not make decision
– Sometimes required before court will hear case
– Court may affirm mediated resolution
(Continued)
• Arbitration
– Parties agree on an independent third party (or panel
of three) to make a decision that will be binding
– Often required in contract; mandated in collective
bargaining
– Arbitrators are usually specialists in the matter
under dispute
– Decision cannot be appealed although procedure
may be reviewed by the court
(Continued)
• Advantages
– Parties maintain control of the solution
– Disputants determine and schedule process
– Lower costs associated with process
– Matters remain private
– Preserves good will
– Can achieve a win-win resolution
(Continued)
• Disadvantages
– Courts have more power to extract information
– Decisions do not follow precedent
– Agreements may not be enforceable
– Inappropriate when power imbalance exists
– No public record of dispute or decision
(Continued)
(Continued)
• Judicial process
– Summary – exchange of information and negotiation
– Indictable offence – more involved and lengthy
• Plea bargaining – pleading to lesser offence
• When a matter proceeds to trial:
– Prosecutor presents witnesses and evidence
– Defense then presents witnesses and evidence
– Decision made by judge or jury
– Sentence – fine/imprisonment