Law Studies 12

The Constitution is the supreme law of Canada — any other law (federal, provincial, or municipal) that conflicts with it is invalid; this is what "supreme" means in a legal sense.

The Charter, entrenched in the Constitution since 1982, guarantees fundamental rights and freedoms (expression, religion, equality, legal rights like the right to a fair trial) against actions by GOVERNMENT — it does not apply to disputes between private individuals or companies.

The court hierarchy runs from provincial/territorial courts (including small claims court, for lower-value civil disputes without a lawyer) up through provincial superior courts, then courts of appeal, to the Supreme Court of Canada at the very top.

Common law and case law develop through judges deciding real cases and following precedent (the principle that similar cases should be decided similarly) — law is made this way alongside, not instead of, legislation passed by governments.

A person accused of a crime has specific legal rights — to be presumed innocent until proven guilty, to remain silent, to legal counsel, to a trial within a reasonable time, and to know the case against them.

Criminal law involves the state (the Crown) prosecuting a person for an offence against society as a whole, defined in the Criminal Code — not one private party suing another.

Civil law resolves private disputes between parties — through torts (civil wrongs like negligence causing injury) or breach of contract — where one party sues another for compensation or another remedy, rather than the state prosecuting an offence.

Family law governs relationships and disputes within families — separation, divorce, custody, and support — while children's law addresses protection and welfare of children specifically.

A legal inquiry follows a process: identify the actual legal issue (not just the frustration), gather the relevant facts and law, weigh the evidence, decide, and communicate the decision — the Social Studies inquiry cycle applied to a legal problem.

The standard of proof in a criminal trial is beyond a reasonable doubt — the highest standard in Canadian law — because a conviction can mean losing one's liberty.

The Royal Proclamation of 1763 recognized First Peoples' title to their lands and established that land could only be ceded to the Crown through treaty — a foundational (if unevenly honoured) legal starting point for the Crown–First Peoples relationship.

Section 35 of the Constitution Act, 1982 recognizes and affirms existing Aboriginal and treaty rights — a constitutional (not just legislative) recognition that gives these rights stronger legal protection.

Indigenous legal orders are complete legal systems with their own sources of authority, principles, and processes — not informal custom, but law in the full sense — that existed before, and continue to operate alongside, Canadian law.

Alternative dispute resolution (ADR) processes — mediation, negotiation, arbitration — resolve conflict outside a conventional courtroom trial, often faster, less adversarial, and more focused on a workable resolution than a legal "win."

The Indian Act (first passed in 1876, amended many times since) has controlled — and in significant ways still controls — who is legally recognized as a "status Indian," band governance, and life on reserve, with a documented history of assimilationist intent and discriminatory effect (e.g., past bans on cultural practices, control over status and membership).

Sentences of less than two years are served in provincial/territorial correctional institutions; sentences of two years or more are served in the federal system, administered by the Correctional Service of Canada.

Punishment aims to denounce the offence and deter both the offender and the public from future crime; rehabilitation aims to address the underlying causes of offending (addiction, lack of education, mental health) so the person can reintegrate; restoration aims to repair the harm done to victims and community.

The International Court of Justice (the "World Court," at The Hague) settles legal disputes BETWEEN STATES submitted to it and gives advisory opinions on legal questions referred by UN bodies — it does not prosecute individuals.

Trade disputes arise when countries disagree over tariffs, subsidies, or trade agreement terms — the World Trade Organization's dispute settlement process is one of the busiest forms of international dispute resolution in practice.

Institutions vary by security level (minimum, medium, maximum) based on the risk an offender poses, and by type (remand centres holding people awaiting trial versus institutions for sentenced offenders).