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Social Studies 11 Unit Law and Government Counterpoints Chapter 11

Ch 11 - Canadas Legal System
Themes
Principle of the Rule of Law and its origins
Civil Law v. Criminal Law
Rights and freedoms of Canadians
Structure and function of the Canadian legal system
Youth and the lawthis means YOU!
Issues in Canadas legal system
By the end of this chapter you should be able to:
define the terms below
describe the importance of the Rule of Law in Canadian society
explain the structure of the Canadian legal system and its two main divisions
discuss the effect the law has on the daily lives of all Canadians
explain the changing nature of the justice system in Canadian society
Key terms (provide solid definition):
rule of law

civil law

criminal law

common law

statutory law

indictable offences

summary offences

actus reus

habeas corpus

mens rea

Other things (define/explain):

Canadian Centre for Information Technology Security

Canadian Radio-television and Telecommunications Commission

Charter of Rights and Freedoms

Youth Criminal Justice Act, 2000

Code Napoleon (Napoleonic Code)

Review of Key Terms: (you must understand these)

a) Rule of law: In Canada, everyone is expected to obey the law. The rule of law applies to all citizens of
Canada, including police officers, judges, and politicians.
b) Common law: British criminal law (and Canadas criminal law) were both derived from common law.
Common law is based on years of tradition and uses the idea of precedent (past cases) to help interpret the law.
c) Statutory law: Statutory law refers to acts that have been passed by Parliament. Most of our laws are
contained in the Criminal Code of Canada, that can only be changed by the Canadian Parliament.
d) Quebec Civil Law: Quebec citizens are tried for criminal offences according to the Criminal Code of Canada.
For civil cases, they use their own Quebec Civil Code, taken from the French Civil Code, and originally based
on Roman law.
e) Adversarial System: Criminal trials in Canada are based on the adversarial system, whereby the two sides
compete as rivals. The prosecution and defence argue their cases and one side is declared a winner (the
defendant is found either guilty or not guilty; partially guilty is not an option.)
f) Tort Law: Tort means injury in old French, and tort law deals with cases involving possible negligence. For
example, if someone slips on a neighbours icy driveway, the victim might sue the homeowner under tort law. It
is up to the plaintiff to convince the judge that the defendant should have acted to prevent the accident.

g) Supreme Court of Canada: The Supreme Court of Canada is the highest appeals court in the land. It also
decides on constitutional issues. Criminal cases are not tried in this court.
h) Supreme Court of British Columbia: This is the place where B.C.s most serious criminal offences are tried.
Questions
1) In Canada, we have rule of law, which means __________________________________________________.
A great symbol of the rule of law is the _________document, the ________________, signed in
_________________ by __________________. This document is important because it
______________________________________________.In Canada, __________________ has to obey the
law. In addition, the ____________________ of Canada is considered the supreme law. The
____________________________protects the rights of individual Canadians and takes precedence over
____________________________________________________________________.
2) The two main types of law in Canada are ____________ and _________________. Civil law deals with
___________________________, while criminal law deals with __________________. Three examples of
civil law are ___________,________________, and _______________________. Three examples of criminal
law are _________________, _________________, and __________________. In civil law, the person who
claims to have been wronged is called the _______________, and the alleged wrong-doer is called the
___________________.
3) Most criminal laws in Canada are contained in the _______________________________. Criminal cases are
carried out in the name of the __________________ (_____________, the Latin word for Queen, or Rex, the
Latin word for king.) Lawyers representing the Crown are called the ___________________ and lawyers
representing the accused person are called the ______________. The _________________ government makes
and amends laws in the Criminal Code of Canada.
4) The three basic elements of criminal law are a. ____________________________________________
b_________________________________________ c. _____________________________________________
5) Civil law in most parts of Canada originated from ________________. It is based on ______ decisions, or
________________. In Quebec, civil law is based upon the _______________________. Statuatory laws are
passed by ____________________ and are not included in the Criminal Code of Canada. Examples include the
______________________, _______________________, and ___________________________.
6) Habeas corpus means ______________________________________________________.
7) Serious criminal offences are known as ___________________________, while more minor offences are
called _________________________. In British Columbia, serious crimes are tried in the
______________________________, while more minor offences are heard in ______________ court. The five
divisions of provincial court are ___________________, _________________, ________________,
_________________, and ________________. If someone feels a verdict is unfair, they can apply to have it
looked at again in the ______________________________, which is situated in the four cities of
________________, ____________,______________, and ____________________.
8) Justices of the peace are ___________________, who can hear more minor cases such as
_____________________. They also have the power to issue summons or warrants. In the Supreme Court of
B.C., an accused person can elect to be tried by _____________ or ________.Provincial court judges are
appointed by the ________________________, on the recommendation of the _______________________.
Supreme Court of B.C. judges and the Court of Appeal are appointed by the

_____________________________, on the advice from the _________________________. Judges can only be

removed from the bench by votes in the ____________________________ and _________________.
9) Canadas highest court is the _____________________________. This is not a trial court. Instead, it decides
on ___________________________ and acts as the
______________________________________________________. The ____________________ appoints the
Supreme Court of Canada justices, on the advice of the _______________________. The prime minister takes
considerable time to weigh the merit of potential candidates, and encourages input from
___________________________________________. In total, there are __________ justices: _________ from
Quebec, ______________ from Ontario, ________ from the Maritimes, and __________ from the western
provinces. One is chosen by the ___________________ to be the chief justice. Canadas current chief justice is
___________________________.
10) The Supreme Court of Canada has _______________ in importance since the introduction of the Charter of
Rights and Freedoms. The court sets _______________ which will be used by lower courts in the country.
Constitutional amendments can only occure with the approval of ___________________, and the agreement of
_______ provinces, totally at least _________ of Canadas population. Some of the Supreme Courts most
important decisions include __________________________________________________________________.
11) The four sentencing options a judge has are _________________,
_____________________,__________________, or _________________sentence means
_______________________________________, and are reserved for crimes such as ________________. If
someone has served their sentence but appear a serious risk to reoffend, they may be declared a
_______________________ and ____________________________.
12) Provincial prisons are reserved for offenders ____________________________________, while longer
sentences are served in __________________________. The two purposes of Canadas corrections system are
_______________________________________ and _____________________________.
13) Restorative justice means ____________________________________________________. It focuses on
_________________________________ rather than ___________________.
14) In the 1800s, Canadian children were treated the __________ as adults when they broke the law. The 1908
Juvenile Delinquency Act was significant because it stated
______________________________________________________________. The 1984
__________________Act applied to youth ages _______________ and dealt with ______________________.
In 2000, the _____________________________ was passed and distinguished between
_____________________________. It offered __________________ penalties for
_________________________.
15) Young offenders have greater ______________ than adult offenders. The media cannot _______________.
Police and court records remain _____________, and are _____________ when the youth becomes an adult.
Exceptions to this policy include __________________________. In youth court, a _____________ hears the
case and determines the verdict. A sentence in youth court is called a _________________. The maximum jail
time for a young offender is ______ years, unless that person is tried in ___________ court. Maximum fines in
youth court are ________________, and the maximum number of community service is
___________________.
16) Internet or cyber crimes include __________________, _________________, _________________, and
_____________________. Police find it very difficult to solve internet crimes because
______________________________________________________.