1. Canadian Law :an Introduction
Week One: lecture and
notes to supplement
your textbook

2. What are the goals of this lecture?
 To describe why it is important to study the
Canadian Legal system
 To review the role of law and the theories of
law from Chapter One of the textbook
 To define the important ideas and terms in
the Canadian legal system
 To describe the branches of government

3. Why study the Canadian legal
system?
 Canada has a highly developed legal system
based primarily on the British tradition
 As a Canadian it is important to understand
basic Canadian law and how the legal
system operates as we are regulated by law
in all aspects of our lives
 Law plays an important role in Canada as our
society is so diverse

4. Why is law so important in
Canada?
 Because Canada is such a diverse nation
with peoples from many cultures, the law and
the rule of law is the glue that binds our
cultural mosaic together
 Other countries have stronger uniform
cultures and the norms and folkways of their
countries guide their citizens. Canada has
diverse cultures and we need law for stability
and guidance.

5. What is law?
James (p.5) defines law as:
“a set of rules which are generally obeyed and
enforced within a politically organized
society”
Imposed by the ‘sovereign’
Aim of the law is a better civilization

6. What are the traditional theories of
law?
Philosophy or theory of law is the lens through which
we see the law. It influences how a Judge, perceives
the issues and appreciates the consequences. Some
major theories are:
 Positivism
 Natural legal theory
 Realism
 Critical theories

7. What is Positivism?
 The validly enacted law (posited law by the
sovereign) should be followed
 Looks at the form and structure of the law, not the
moral or social content
 The law is the law. A positivist asks what the law is,
not what the law should be
 Helps keep society stable, law is predictable and
consistently applied
 This is the most widely held view

8. What is Natural Legal Theory?
 A naturalist believes in a higher system to which
mere positive law should conform
 Positive/ man made law must conform to natural
order or law
 Morality and the law must combine
 Tradition based on religious ideas and Greek
‘objective morality’
 The basis of civil rights
 Helpful in environmental law, changing times

9. What is Realism?
 We must look beyond the law and take into
account ‘extra-legal’ factors such as public
opinion, circumstances, changing times
 Law must be viewed in the context of society
 Looks beyond the facts in evidence and cold
legal rules

10. What are Critical Legal Theories?
 Examples are Marxism, Radical Feminism, Critical
Legal Theory
 Marxist theory is based on economic equality
 Feminists believe the legal system is peopled mostly
by males and favors their interests
 Critical legal theory is the idea that the law, because
of its historical development and because it is a tool
for the rich and powerful, is dysfunctional and
limited. It challenges the very basis of the legal
system and process

11. What are some main ideas and
terms in the Canadian system?
 Constitutional monarchy
 Democracy
 Federal state
 Parliamentary supremacy
 Responsible government
 Rule of Law

12. What is the Rule of Law?
 A fundamental principle of democracy. No one is above the law
and all people are equal before and under the law
 Examples of rule of law in action: Roncarelli v. Duplessis and
the Arar case
 Law must be:
_ General
– Public
– Prospective
– Clear
– Consistent
– Capable of being followed
– Stable
– Enforced

13. What are the main branches of
Government?
The Separation of Powers:
 Judicial
 Legislative
 Executive
 Unitarycourt system
 Administrative tribunals

14. What is the Consensus View?
 This is the view that our laws are made by
consensus. We democratically elect our
government who make our laws for the
benefit of all. For the most part, the public
agrees with the law.
 E.g. murder

15. What is the Conflict view?
 The view that the rich and powerful in society
make the laws for their vested interests and
their benefit, to the detriment of the poor and
underclass.
 E.g. treatment of ‘white collar’ criminals,
racial profiling etc.