Essay The Canadian Law And Public Law

Essay The Canadian Law And Public Law

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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...


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...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.

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