01 – The Canadian Legal System

Law is a

Procedural laws determine

It is important to divide the law into two main categories:

Law can also be divided according to whether it is

The civil law system is based on a

In a common law system

Statute law

In Canada, there are two main or important constitutional acts:

The Constitution Act, 1867 set up the

In 1982, the

Ultra vires

The principle of paramountcy requires that

the Canadian Bill of Rights and the Charter address protecting individuals rights from abuses by

Canada Human Rights Act (CHRC) – These statutes aim at ensuring that

The Charter is entrenched, which means

The main provisions of the Charter that most citizens are concerned with are as follows:

In a criminal action,

In a civil action

In both a criminal action and a civil action, the party that initiates the proceedings has the

There are different standards of proof

Using courts

Enforcement of judgement

GENERAL DAMAGES

SPECIAL DAMAGES

PUNITIVE or EXEMPLARY DAMAGES

Negotiation

In mediation

In arbitration

Advantages and disadvantages of ADR
alternative dispute resolution (ADR)