Essay The Canadian Law And Public Law

Essay The Canadian Law And Public Law

Length: 1611 words (4.6 double-spaced pages)

Rating: Strong Essays

Open Document

Essay Preview

Law is a product of history which is still happening. There are so many factors that have contributed to the development of law which include customs, religion, judicial decisions, legislation etc. The Canadian law got its roots from British, French and US legal system. Canada got its governance in 1867 when “ The British North American Act, 1867” was passed and it created section 91 and 92 , which gave powers to federal and provincial governments. Since then, thousands of statutes have been shaped in different areas of regulation of family laws, labour laws, taxation laws, criminal laws are few to say. In the present time Canada has two division of law, domestic and international law. Domestic law can be further categorized between public and private law. Where public law deals with cases mostly involved are affecting the nation, private law deals with individual matters. There are various sources of law, but to understand we need to look sources that impact it, whether they are primary or secondary. As described by British law professor, the primary sources of law are legislation and case law, whereas custom and book of authority are considered secondary sources. The history of narcotics legislation, how it came to existence in Canada, what were the factors involved, leads to discussion about the complexity of sources of law. Kathryn Burns article “Notaries, Truth, and Consequences” debates about role of Notaries as legal helpers since Columbus era and how it has seen many phases from legal partner to archivists. This article also sheds light on misuse of notaries by different ways, monarchy steps to control indiscipline and try to regulate it. Today we see regulated and disciplined profession of notary is the result of yesterda...

... middle of paper ...

...nd Drug Act” to Narcotics drug is also requirement of time. To legalize certain drugs like marijuana is under debate and is even political agenda in 2015 federal elections. Legalizing marijuana like tobacco and alcohol is in demand and general acceptance from public, and is outside any traditional sources of law. “The Safe Streets and Community Act, 2011” by conservative Harper government is to control illegal “grow-ups” of marijuana. This is still not clear from political point of view that why certain drugs are criminalized, but tobacco and alcohol are sold. Do governments are under pressure from rich lobbyist people who run this tobacco and alcohol industry?
Kathryn burns article on notaries and narcotics legislation discussed above give us brief idea to think both within and out of the traditional sources of law – statute, case law, custom and book of authority.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Canadian Charter of Rights and Freedoms Essay example

- The Canadian Charter of Rights and Freedoms was signed into law by Queen Elizabeth II April 17, 1982. Often referred to as the Charter, it affirms the rights and freedoms of Canadians in the Constitution of Canada. The Charter encompasses fundamental freedoms, democratic rights, mobility rights, legal rights, language rights and equality rights. The primary function of the Charter is to act as a regulatory check between Federal, Provincial and Territorial governments and the Canadian people. Being a successor of the Canadian Bill of Rights that was a federal statute, amendable by Parliament, the Charter is a more detailed and explicit constitutional document that has empowered the judiciary...   [tags: Canadian Bill of Rights, Politics]

Strong Essays
2464 words (7 pages)

Essay on The Issue Of The Canadian Constitution

- The Canadian Constitution has gone through many significant changes during the time of history. One of the most significant of these changes was the Charter Of The Rights (1982). The Charter clearly stated many important freedoms that each and every one was entitled to. Still the charter contained some sections that were concerning for many scholars and to a very great extent even the general population too. These sections namely were Section 1(limitation clause) and Section 33 (Notwithstanding clause)....   [tags: Canadian Charter of Rights and Freedoms]

Strong Essays
1020 words (2.9 pages)

The Canadian Human Rights Act Essay

- The Canadian Human Rights Act Human Rights are fundamentally important principles and morals that help shape and define the standard conduct of human behaviour. In Canada, human rights are outlined and coded in the Canadian Human Rights Act. The act has been in effect since it was passed in 1977 by the Parliament of Canada. The purpose of the act is to protect individuals from discrimination as well as any discriminatory practices that are based on prohibited grounds. These prohibited grounds of discrimination include; Race, National/Ethnic Colour, Religion, Age, Sex, Martial Status, Family Status, Sexual Orientation, Disability, and Conviction....   [tags: Discrimination, Law, Canadian Human Rights Act]

Strong Essays
715 words (2 pages)

The Canadian Pay Equity Act Essay

- Legislation in Ontario affects human resources. Some can be bad well others can be beneficial to the workplace. My paper will be focusing on the federal legislations in Ontario and how it is improving various non-unionized workplaces. At the end of my report I will be summarizing the concept of family status related to the 11 prohibited grounds in a case study regarding a single mom and how she almost lost her job with CN Rail. Description of Legislation in Ontario and why they are good for the workplace The first legislation I am going to be talking about is the Pay Equity Act....   [tags: Canadian Politics]

Strong Essays
1113 words (3.2 pages)

Canadian Law Enforcement Essay

- “Taser Changes go Ahead”, an article published in the Alberta News in February, indicates that the RCMP is moving forward and will be instituting some previously described changes into its 2011 Police Manual framework. The framework is currently being reviewed and will later be reviewed and approved by the Albertan Solicitor General. The 16 recommendations made by the Braidwood inquiry, including yearly re-trainings, monthly quality and adherence audits, as well as updated procedures based on the minimization of any potentially adverse health effects to the subject, should be reflected in the final version of the manual for 2011....   [tags: Technology, Tasers]

Strong Essays
2402 words (6.9 pages)

Essay Canadian Tort Law

- Engineers, contractors, and other businesses must be mindful of and knowledgeable of their legal obligations when performing their occupation or supplying a product. Negligence in the design or construction of a product that results in damage or bodily harm, or could result in damage or bodily harm, can result in liability for economic loss under Canadian Tort law. Engineers, architects, and contractors need to be respectful of their duty of care to ensure their product is precisely produced with no danger of negligence....   [tags: Engineers, Contractors, Businesses, Economy]

Strong Essays
1337 words (3.8 pages)

The Canadian Charter Of Rights And Freedoms Essay

- As members of society we are told that the law is a predictable and reliable entity which is applicable to all individuals, despite the differences. This statement encourages us to abide by the law, and entrust it to make decisions that are best for us as individuals and as a community. Due to the formalism of law, it must be emphasized that there is a need for a compassionate component, to even the playing field. One way the law incorporates compassion into its system is through the use of juries....   [tags: Jury, Jury trial, Law, Common law]

Strong Essays
2757 words (7.9 pages)

Essay on Is WikiLeaks Completely in the Public Interest?

- Introduction To assess WikiLeaks “completely” would be a mammoth task, trawling through every release and considering it in relation to public interest would take months. Similarly, by virtue of the gargantuan proportions of the information WikiLeaks handles, we might assume that it cannot all, be in the public interest. Public Interest, Freedom of Speech, Freedom of Information and Human Rights Public interest is one of seven common defences to libel and slander as defined by George Lubega of Pinsent Masons....   [tags: Public Interest, Freedom of Speech]

Strong Essays
2519 words (7.2 pages)

The Canadian Tradition Of Judicial Independence Essay

- The concept of justice is fundamental to the Canadian society. The Canadian tradition of judicial independence gurantees that courts will remain open and accessible to all individuals and will remain transparent and free from government interference. The role of courts requires that they should be completely seprate authority and work independently for continuing evolution of our democratic society. Other than the issues of delay and fallibility, there are many contemporary challenges that courts are facing.(Boyd p 165)....   [tags: Law, Judge, Justice, Government]

Strong Essays
1062 words (3 pages)

Why Suicide Is Legal Under Canadian Law Essay

- “Make no mistake about people who leap from burning windows. Their terror of falling from a great height is still just as great as it would be for you or me standing speculatively at the same window […] the variable here is the other terror, the fire’s flames: when the flames get close enough, falling to death becomes the slightly less terrible of two terrors. It’s not desiring the fall; it’s terror of the flames.” This was said by American author David Foster Wallace who died by suicide in September of 2008....   [tags: Medical ethics, Death, Euthanasia]

Strong Essays
1955 words (5.6 pages)