Classifying Law

CHAPTER OVERVIEW
2
CHAPTER OUTLINE

Sources of Law in Canada

Common Law
This chapter examines the sources of law and the various categories of
Statute Law
Canadian law. The first section discusses the three main sources of law
Constitutional Law
in Canada: constitutional law, statute law, and common law. Canada’s
Constitution is a legal document that sets out the law-making powers of Categories of Law
the federal and provincial governments, and it overrides all other laws. International Law
Statute law consists of laws passed by elected representatives. Statute law Domestic Law
generally overrides common law. Common law, also called “case law,” Substantive Law
is based on decisions made by judges in previous cases. Each level of Procedural Law
government—federal, provincial or territorial, and municipal—has the Public Law
power to enact its own legislation. Private Law
The second section explains the various categories of law. Students
will distinguish between international law and domestic law. Then they
will explore the two main categories of domestic law: substantive law and
procedural law. Substantive law defines the rights, duties, and obliga-
tions of citizens and governments. Procedural law deals with the con-
tent of the law; it is the prescribed method of enforcing the rights,
duties, and responsibilities found in substantive law.
Students will also learn about the two categories of substantive
law: public law and private law. Public law regulates the relationship
between the government and its citizens, and it includes constitutional
law, administrative law, and criminal law. Private law deals with the
legal relationships between individuals and between individuals and
organizations. Categories include tort law, contract law, family law, wills
and estates, property law, and employment law.
The Looking Back activities at the end of the chapter allow stu-
dents to demonstrate and apply their knowledge of the categories of
Canadian law.

55
PLANNING CHART
Key Content Suggested Strategies

Topic: 1. Begin by having students examine the photographs on page 34 of the text.
Sources of Law in Canada Give them a few moments to answer the questions at the bottom of the page.
Law is involved in each of the situations depicted in the photographs, but at
Key Vocabulary this stage students will not be able to identify specific categories. They
English common law should be able to explain that the law gives the police certain powers regard-
distinguishing a case ing traffic and driving, that real estate involves a contract between buyer and
statute law seller, and that the federal government has the legal authority to send troops
jurisdiction on peacekeeping missions. Return to this page at the end of the chapter and
bylaws have students classify the law depicted in each photograph. Remind students
constitutional law that law is all around them and that almost everything they do is influenced
by the legal system.
Resources
Law in Action, pp. 35–38 2. Use the PowerPoint overhead of Figure 2.1 (from text page 35) to explain the
Figure 2.1 PowerPoint Overhead sources of law. Have students read pages 35 to 37 of the text and answer
“Building Your Understanding” questions 1 and 2 (page 38). Ask students to
provide an example of each source of law in question 1 and to briefly explain
how the different sources of law are made.

3. Provide students with a summary note (either on the board or on an overhead) on

the terms “stare decisis” and “jurisdiction” (definitions are found in the margin
of the text). Include an example of each term and explain the importance of
these legal concepts and how they are fundamental to understanding law.

4. Assign questions 3 and 4 on page 38 for homework. These questions can be

used as a review of the first section of the chapter and as a lead-in to the
second section of the chapter.

56 UNIT 1 ◆ Our Legal Heritage

Key Content Suggested Strategies

Topic: 1. Begin this section by using the PowerPoint overheads of Figures 2.3 and
Categories of Law Figure 2.6 (from pages 38 and 40 of the text, respectively) to show how
domestic and international law are separate categories of law. Explain the dif-
Key Vocabulary ference between domestic and international law. The terms could be defined
international law on the board. Have students give examples of each category of law. Then
domestic law have them work in pairs to read and discuss “Law in Action: Milosevic on
substantive law Trial” on page 39 of the text. As a class, review the case, making sure that
procedural law students understand the purpose of the Tribunal, why Milosevic was arrested
public law and charged, and why three amici curiae were appointed. Still working in
administrative law pairs, have students read and discuss the case United States v. Burns on
criminal law page 41. As a class, review the facts of the case. Students can then individu-
private law ally, or in pairs, answer the questions for both “Milosevic on Trial” and United
tort law States v. Burns.
contract law
family law 2. Use the PowerPoint overheads of Figure 2.7 and Figure 2.8 (from pages 43
estate law and 45 of the text, respectively) to introduce the material on substantive, pro-
property law cedural, public, and private law. Have students form small groups (three to
employment law four students per group) and read pages 41 to 46 of the text. The groups can
then complete the “Building Your Understanding” questions on page 46. The
Resources answers to these questions can be posted on the bulletin board for students
Law in Action, pp. 38–46 to check prior to the end of class.
Figure 2.3 PowerPoint Overhead
3. To complete this section, have students read R. v. Burke on page 42 and
Figure 2.6 PowerPoint Overhead
Kadlak v. Nunavut on page 44. Students should answer the questions to the
Figure 2.7 PowerPoint Overhead
cases on their own, compare their responses with a partner, and then share
Figure 2.8 PowerPoint Overhead
their answers with the class. Discuss the significance of each case.

4. Return to the photographs on page 34 of the text. Students should distin-

guish between domestic law (police roadside check and real estate) and inter-
national law (peacekeeping forces). The categories can be further described
as public law (police roadside check) and private law (real estate).

CHAPTER 2 ◆ Classifying Law 57

 Key Content Suggested Strategies

Chapter Review
Resources Law in Action, “Looking Back,” pp. 47–48
- Assessment Master 2-1: Rubric: Comparison of Punishment for Possession of
Illegal Drugs COPY Assessment

- Generic Assessment Master G-2: Rubric: Research Report COPY Assessment

- Assessment Master 2-2: Rubric: Summaries of Private Law Situations in Print

Media COPY Assessment

- BLM 2-1: Preparing for a Debate COPY Legal Inquiry

- Generic Assessment Master G-4: Checklist: Debate Evaluation

COPY Assessment

- Generic Assessment Master G-5: Rubric: Visual Display COPY Assessment

- Generic Assessment Master G-6: Rubric: Letter to the Editor

COPY Assessment

Law in Action, “Cases,” pp. 49–50

- Generic Assessment Master G-3: Rubric: Case Analysis COPY Assessment

- Generic Assessment Master G-10: Rubric: Case Presentation

COPY Assessment

Additional Cases: 374787 B.C. v. Dion; Spencer v. Spencer; Winnipegosis

(Village of) v. Gensisky COPY Case Analysis

Law in Action Test Bank, Chapter 2

Extension Activities Activity 1: Levels of Law Making in Canada

- BLM 2-2: Levels of Law Making in Canada COPY Legal Inquiry

Activity 2: Proposed Changes to Legislation

- Generic Assessment Master G-7: Rubric: Oral Presentation COPY Assessment

Activity 3: Accessing Government Services

- Generic Assessment Master G-5: Rubric: Visual Display COPY Assessment

Activity 4: Legal Terminology

- BLM 2-3: Reviewing Your Vocabulary Quiz COPY Legal Inquiry

58 UNIT 1 ◆ Our Legal Heritage

 Legal Logic
Test Your Aptitude for Law: Activities for Getting Started

Puzzle 1 Puzzle 3
Law that defines the rights, duties, and obligations of Law related to the relationships between individuals
citizens and government is called substantive law. and the state is called as public law. Which of the fol-
Identify which of the following would be classified as lowing would be classified as relating to public law?
substantive law.
a) You pay GST on your new car.
a) Section 214 of the Criminal Code prohibits assisted
b) You return an item to the hardware store because
suicide.
it does not work properly.
b) Section 2 of the Charter of Rights and Freedoms
c) The provincial government sets the standards for
guarantees fundamental freedoms such as free-
your graduation diploma.
dom of religion.
d) Your car is stolen from the student parking lot.
c) The Crown presents its case first in a criminal
trial. e) The Criminal Code prohibits fraud.
d) The tendering process in the town of Thompson, Answer: a), c), d), and e)
Manitoba, requires all bids to be submitted by
12:00 p.m. on the closing day of tenders. Puzzle 4
e) The Controlled Drugs and Substances Act prohibits
the possession of marijuana. Law that deals with the relationships between indi-
viduals and between individuals and organizations
Answer: a), b), and e) (other than the government) is called private law.
Which of the following would be classified as relating
Puzzle 2 to private law?
a) Your neighbour is refused welfare.
Law that prescribes the methods of enforcing the rights
and obligations of substantive law is called procedural b) You sue a store-owner because you fell and broke
law. Indicate which of the following would be classified your arm on his icy sidewalk.
as procedural law. c) Your best friend buys a new motorcycle.
a) Prisoners applying for parole must file a notice of d) Your right to join a club is protected by the freedom
their intent to seek early release. of association.
b) The Charter of Rights and Freedoms guarantees the e) You decide to take a summer job at the local library.
right to a fair trial.
Answer: b), c), and e)
c) Everyone is entitled to reasonable bail under the
Charter.
d) A marriage licence can be purchased at a city or
town hall.
e) All new drivers are required to pass a road test.
Answer: a) and e)

© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school. 59
 Solutions to Questions and Cases
Page 37
Consider This
Students could take the position that legislation regu-
lating advertising and labelling would be costly to
taxpayers and intrusive on the part of the government
in the marketplace. Students could also consider that
such regulation would help protect consumers from
false advertising. Labelling of products would provide
consumers with important information they need regard-
ing the ingredients of the goods they are purchasing.
Page 38
Building Your Understanding
1. The three sources of Canadian law are common law,
statute law, and constitutional law. The students’
diagrams should reflect the fact that constitutional
law is the supreme law of the land, followed by
statute law and then by common law.
2. Under the process known as “distinguishing a
case,” judges may reject a previous decision and
create a new precedent because they disagree with
a decision made by another judge; the precedent
may no longer be applicable in the current situa-
tion; or the case may involve new technology and,
consequently, no previous case law exists that
would be applicable.
3. Students can search daily newspapers or the
Internet for articles. New laws are passed whenever
Parliament or provincial and territorial legislatures
are in session. The media cover these new laws
on a regular basis.
4. Students should consult a community newspaper
for articles on new bylaws in the community. Most
local governments now have Web sites that can
also be used to find out about bylaws passed by
the municipal council. Student suggestions for new
bylaws should reflect current, local issues, such as
designated smoking areas, responsibilities of pet
owners, parking, posting of signs, and excessive
noise.
60 UNIT 1 ◆ Our Legal Heritage
Page 39
Law in Action: Milosevic on Trial
1. Slobodan Milosevic was charged with violations
of the customs of war and with crimes against
humanity because, as President of the Federal
Republic of Yugoslavia (FRY) and Supreme
Commander of the Armed Forces, and President of
the Supreme Defence Council, he bears respon-
sibility for the actions of the police and military.
During his presidency, the police and paramilitary
units conducted a campaign of terror and violence
against the people of Kosovo, a province of Serbia.
He is also accused of atrocities and murder in
Croatia in 1991.
2. The ICTY was established by the Security Council
of the United Nations to prosecute persons respon-
sible for serious violations of international human-
itarian law committed by various parties during
the breakup of former Yugoslavia since 1991. Its
authority comes from the United Nations, an inter-
national body that has established international
agreements in the area of war crimes and crimes
against humanity.
3. Milosevic refused to enter pleas to the charges
because he did not recognize the court’s jurisdic-
tion. In order to ensure a fair trial, the tribunal
appointed three amici curiae (friends of the court)
to represent the interests of the accused.
Page 41
Case: United States v. Burns
1. While some states in the United States have the
death penalty, Canada does not. In addition, other
than in exceptional cases, Canada will not extradite
a person facing the death penalty in another coun-
try without assurances against execution.
2. The Supreme Court of Canada ruling means that
the Canadian government will not extradite a per-
son to another country if that person would receive
the death penalty if convicted in that country. If
 Canada agrees to extradite the accused, the other
country must assure Canada that the person will
not be executed.
3. Students who agree with this suggestion might
argue that Canada’s position could encourage con-
victed criminals or those accused of serious crimes
to flee to Canada in order to avoid facing justice in
their own countries. They could also argue that
Canada should not dictate to other countries what
the appropriate penalties are for serious crimes.
Students who disagree with the suggestion might
argue that Canada is simply following its own pol-
icy of not using the death penalty. Since Canada
does not allow the death penalty, it would be hyp-
ocritical to allow the extradition of an individual
to another country where he or she could face this
sentence.
Page 42
Guided Case: R. v. Burke
1. Mr. Justice Goudge would have allowed the acquit-
tal because the law is clear that a discharged jury
cannot be recalled for questioning about the true
nature of its verdict. In his opinion, forbidding
such questioning respects the importance of hav-
ing finality in criminal cases.
2. Reasons for supporting the conviction:
• the verdict of the jury was “guilty”
• the finding of a jury should not be overturned
because of a clerical error
• allowing the verdict to be reversed would be let-
ting the offender get off on a technicality
• such a decision could undermine the public’s
confidence in the legal system
Page 44
Case: Kadlak v. Nunavut (Minister of
Sustainable Development)
1. Government-appointed boards and tribunals reg-
ulate the relationship between members of the
public and government agencies. They make deci-
sions on how to apply government regulations in
certain areas. If someone disagrees with the deci-
sion of a tribunal or board, he or she can appeal
the decision and, ultimately, go to court.
2. Suggestions for addressing concerns about public
safety:
• The hunting area could have been restricted to
a certain region away from residential areas.
• Hunting times could have been restricted to
daylight hours.
• The amount an individual could harvest could
have been limited to personal use in order to
reduce the amount of hunting.
Page 46
Figure 2.9
The photograph on the left is probably of a father and
son, a relationship involving family law. The photo-
graph on the right could be of an accident victim,
which would involve tort law.
Building Your Understanding
1. a) Statute law consists of laws that are passed by
elected representatives in the form of acts. For
example, the Competition Act is a federal statute
that deals with consumer law. Common law,
also known as case law, is law that is based on
the decisions of judges in previous cases.
International law includes laws that govern the
conduct of nations in their relationships with
one another. This type of law involves treaties
and agreements between nations. Domestic law
refers to laws that only apply to a particular
country. Domestic law includes both case and
statute law.
Substantive law is a category of domestic law that
sets out the rights, duties, and obligations of indi-
viduals and government, such as the right to vote
and the prohibition against theft. Procedural law
is a category of domestic law that outlines the
procedures by which substantive law is enforced.
For example, substantive law would define the
right of an accused to a fair trial, and procedural
law would set out how the trial is to be conducted.
CHAPTER 2 ◆ Classifying Law 61
 Public law is a division of substantive law. Public
law regulates the relationships between the gov-
ernment and its citizens. It includes constitu-
tional law, administrative law, and criminal law.
Private law is the other division of substantive law.
It regulates the relationships between individuals
and between individuals and organizations (exclud-
ing the government). The areas of private law are
tort law, contract law, family law, wills and estates,
property law, and employment law.
b) Students’ diagrams need to reflect the various
subcategories of law as set out in Figure 2.8 on
page 45. A series of circles, for example, could
be used to show the relationships among the
categories of law.
Looking Back
Pages 47–48
Quick Quiz
1. a) bylaws; b) criminal law; c) domestic law, inter-
national law; d) administrative law; e) statute law;
f) tort law; g) estate law; h) family law; i) public
law, private law
Checking Your Knowledge
2. Judge-made law is common law that is based on
the decisions of judges in previous cases. These
decisions are binding, based on the principle of
stare decisis, and they have the force of law. When
a judge rejects a previous decision, the new deci-
sion is known as a precedent.
3. Examples of statues enacted by the federal gov-
ernment include the Criminal Code of Canada, the
Youth Criminal Justice Act, the Controlled Drugs
and Substances Act, the Immigration Act, the Divorce
Act, 1985, the Tobacco Act, the Access to Information
Act, the Fisheries Act, the Canada Elections Act,
the Copyright Act, the Hazardous Products Act, and
the Divorce Act, to name only a few.
62 UNIT 1 ◆ Our Legal Heritage
2. Procedural law prescribes the methods of enforc-
ing the content of the law. Some examples are get-
ting a search warrant, cordoning off the scene of a
crime, and seeking permission for a wire-tap.
3. In administrative law, various government bodies
make legal decisions and regulate activities between
people and government agencies. For example, a
government agency may determine who is entitled to
welfare or who can have access to medical services.
4. The areas of private law are tort law, contract law,
family law, wills and estates, property law, and
employment law.
4. Constitutional law sets out the structure of the
federal government and divides law-making pow-
ers between the federal and provincial govern-
ments. Constitutional law also limits the powers
of government by setting out certain basic laws,
principles, and standards to which all other laws
must adhere. Constitutional law overrides all other
laws. If a law is found to be in violation of the
Constitution, it may be struck down by the courts
on the grounds that it is “unconstitutional.”
5. Criminal law falls under the category of public law
because criminal law regulates the relationship
between the government and its citizens. In
Canada, if someone commits a criminal offence,
that action is not only against the individual, but is
also against society as a whole. Only the federal
government has the authority to pass criminal leg-
islation, and all criminal offences are found in the
Criminal Code or related statutes.
6. Tort law is a branch of civil law that holds persons
or private organizations responsible for damage
they cause another person as a result of accidental
or deliberate action. For example, if homeowners
do not clear their sidewalks and someone slips and
is injured, the homeowner could be held liable for
any damages.
7. Tax law would fall under the category of public
law because the government imposes taxes. The
Constitution gives governments the authority to
impose taxes. Environmental law would also be
considered public law because governments set
environmental regulations. For example, the use
of pesticides on lawns and gardens is regulated by
municipal governments.
Developing Your Thinking and
countries, by comparison, are much more tolerant
of drug use, particularly the use of marijuana and
cannabis. In the Netherlands, for example, pos-
session of cannabis is de facto decriminalized—
police do not enforce laws against its possession. In
other countries, someone found in possession of
cannabis might only have to pay a fine. This assign-
ment can be assessed using Assessment Master
2-1: Rubric: Comparison of Punishment for
Possession of Illegal Drugs. Assessment
COPY

Inquiry Skills 11. A list of Indian bands by province is available at

8. a) criminal law; b) employment law and contract
law; c) property law and contract law; d) employ-
ment law; e) criminal law; f) family law; g) estate
law; h) contract law; i) administrative law and con-
stitutional law; j) criminal law and constitutional
law (Charter of Rights and Freedoms); k) property
law and criminal law; l) constitutional law and
international law
9. Student charts will vary depending on their activ-
ities. Table TR 2.1, below, outlines some activities
that students might record.
10. Students’ research should reveal that laws on pos-
session and trafficking of illegal drugs are extremely
harsh. In the People’s Republic of China, for exam-
ple, a person can be imprisoned for up to 10 years
and fined $US2631 for possession of marijuana,
while in Thailand, a person could get life impris-
onment or death for possessing Ecstasy. European
www.kstrom.net/isk/maps/canbandsbyprov.html. The
completed assignment can be assessed using
Generic Assessment Master G-2: Research Report.
COPY Assessment
Communicating Your Ideas
12. This project should be done over the course of sev-
eral weeks. It is unlikely that articles will identify
the category of private law, but students should
look for articles on the following topics:
• someone suing a person for damages they suf-
fered because of an intentional or unintentional
action
• someone suing because a contract has been
broken
• a divorce that is settled in court
• a disagreement over a will that is decided in
court

Table TR 2.1: Possible Answer for Looking Back #9, Page 48

-3
Activity Law Involved Category of Law
Waking up in the morning to a clock CRTC regulates licensing and constitutional law and administrative
radio broadcasting (for example, Canadian law
content rules)

Taking public transit to school Municipal governments set up local contract law, constitutional law, and
transit systems (funding often comes administrative law
from the provincial government)

Arriving at school, going to first class Education Act constitutional law and administrative
law

Buying lunch in the cafeteria contract law private law (contract law)

Conducting research on the Internet CRTC regulation of phone connections public law (administrative law and
for a law paper constitutional law)

Working at a part-time job in the Employment Standards Act, human private law (tort law and employment
evening rights legislation law)

CHAPTER 2 ◆ Classifying Law 63

 • a real estate deal or a dispute over the ownership
of property
• disputes between employers and employees (dis-
crimination, strikes, unfair dismissal)
The completed assignment can be evaluated using
Assessment Master 2-2: Rubric: Summaries
of Private Law Situations in Print Media.
COPY Assessment
13. Provide students with BLM 2-1: Preparing for a
Debate to help them organize their arguments.
COPY Legal Inquiry
You may wish to inform students of the following
points:
• A world court does exist, but its powers are lim-
ited (International Court of Justice).
• The ICTY was created as a temporary tribunal.
• In April 2002 an International Criminal Court
was created, but the United States, Russia, and
China are not members.
Arguments for international laws and an interna-
tional court could include the following:
• Certain rights are so fundamental (e.g., educa-
tion, food, shelter) that they should be extended
to every human being.
• Certain actions are so abhorrent (e.g., torture,
child labour, military crimes against humanity)
that the perpetrators of such actions should be
punished.
• Certain resources are so vital to survival (e.g.,
water, air, forests) that every country should be
made to maintain a certain standard of protec-
tion of these resources.
• Only through an international court will certain
leaders accused of crimes against humanity be
tried and brought to justice.
Arguments against international laws and an inter-
national court could include:
• International laws interfere with the sovereignty
of a country.
• No one country should be judged by the stan-
dards of another country.
• Enforcement of such laws is difficult.
64 UNIT 1 ◆ Our Legal Heritage
• The court could become too politicized, with
countries grouping together to bring charges
against a common enemy.
Evaluation should be done by peer assessment.
Assign two students per side to evaluate each
team’s performance during the debate by using
Generic Assessment Master G-4: Checklist:
Debate Evaluation Assessment
COPY
14. This assignment could involve the comparison of
employment protection found in the human rights
legislation of different provinces. While many of
the human rights codes are similar, students could
choose two or three provinces and examine the
difference in the language of the codes or acts.
For example, under the Ontario Human Rights
Code, a person cannot be discriminated against by
an employer on the grounds of race, ancestry, place
of origin, colour, ethnic origin, citizenship, creed,
sex, sexual orientation, age (age defined as between
the ages of 18 and 65), record of offences, marital
status, same-sex partnership status, family status,
or disability. Students should include pictures,
charts, or graphics to enhance their pamphlets or
posters. They could also include details of a recent
case of discrimination in employment. Links to
provincial human rights commissions and legisla-
tion are provided at www.cdp-hrc.uottawa.ca/links/
sitescan_e.html.
The scope of this assignment could be expanded
to include research into employment standards
legislation in their province. Information on hours
of work, grounds for dismissal, minimum wage,
overtime, and other employment-related issues is
available on provincial Web sites.
Student pamphlets or posters can be assessed
using Generic Assessment Master G-5: Rubric:
Visual Display. COPYAssessment
15. Possible arguments supporting such a bylaw:
• Public health is a government concern, and too
many pets could lead to problems of hygiene, not
only for the owner but also for the community.
• Pet owners may not be able to afford to have
their pets properly vaccinated and treated by a
vet if their pets become ill, leading to unhealthy
and possibly cruel conditions for pets.
• Mandatory registering of pets will alert a munic-
ipality of any exotic pets that should not be kept
in a house.
 Possible arguments against such a bylaw:
• People are not restricted as to the number of
children they can have, so they shouldn’t be
made to limit the number of pets they can own.
• Children benefit from having different kinds of
pets in the house. Restricting the number of
pets could limit their enjoyment of and educa-
tion about animals.
• If people can show that their animals are well
cared for, there should be no legal limit. To impose
a legal limit is an intrusion into a person’s per-
sonal freedom.
Completed letters to the editor can be assessed
using Generic Assessment Master G-6: Rubric:
Letter to the Editor. Assessment
COPY
Putting It All Together
16. a) The Ontario Film Review Board’s activities fall
under the category of administrative law (a
branch of public law) because the Review Board
is enforcing government policy.
b) Possible advantages:
• consistency with the video market—makes
it easier for parents to judge what movies they
would allow their children to view
• teens 15 to 17 years of age are regarded as
more mature, as this rating system gives them
more choices of movies they can see
• movie theatres will have clearer age guide-
lines regarding who can be admitted to movies
Possible disadvantages:
• the new rating system may not be completely
effective since movies under these classifi-
cations are often available on television with-
out adult supervision
• the government should not be determining
what is appropriate for people to see at movie
theatres
c) The provincial/territorial government Web site is
an excellent starting point to find information
on various government boards or tribunals. Some
examples include Child Welfare Review Board
(British Columbia), Labour Relations Board
(Alberta), Ontario Pay Equity Hearings Tribunal,
Alcohol and Gaming Authority (Nova Scotia).
Students should note that agencies and com-
missions can also be included in this research.
Page 49
Cases
Teaching Suggestions: Each of the cases on pages 49–50
of the student text and the Additional Cases provided
on pages 70–71 of this resource could be analyzed by
a group of students (five cases with approximately five
or six students in a group) and presented to the class
using the following outline:
a) Relevant facts (people involved in the dispute, cir-
cumstances of the case) in your own words
b) Category of law involved
c) Answers to the questions
d) Criteria applied to reaching a judgment
Student work can be assessed using Generic
Assessment Master G-3: Rubric: Case Analysis and
Generic Assessment Master G-10: Rubric: Case
Presentation. Assessment
COPY
Guided Case: Spain v. Canada
1. Spain asked the International Court of Justice to
adjudge (decide) the case and declare that it had
jurisdiction to rule in the dispute between the two
countries. Canada asked the International Court of
Justice to declare that it had no jurisdiction to
decide the case.
2. The International Court of Justice ruled that it did
not have jurisdiction in this case because the
Government of Canada had amended its coastal
fisheries legislation to deal with “conservation and
management measures” as they are understood in
international law. The dispute between Spain and
Canada was a result of Canada’s actions to enforce
those conservation and management measures in
the NAFO Regulatory Area. Since Canada was
acting within its legal rights under NAFO and had
declared that the International Court of Justice
would not have jurisdiction over conservation and
management measures, then the International
Court of Justice did not have authority to rule in
the case.
CHAPTER 2 ◆ Classifying Law 65
3. Student opinions on the effectiveness of the Court
will vary. However, it is important for students to
understand that the Court does not have jurisdic-
tion unless a country agrees to its rulings (the dec-
laration by Canada in paragraph 2 had removed
the Court’s jurisdiction). Some students may con-
clude that the option of a country to “opt out” of
the Court’s rulings undermines the Court’s effec-
tiveness as a dispute settlement mechanism. Other
students may feel that the existence of a third non-
partial body that can adjudicate matters between
disputing countries is an effective way of settling
international differences.
Solutions to Additional Cases
Pages 70–71 of this teacher resource
Additional Case: 374787 B.C. v.
Dion.
1. If Rule 18A is applied, then the trial proceeds
much more quickly than it would under conven-
tional rules. Because it is a trial on paper, there is
no examination or cross-examination of witnesses.
2. Rule 18A is a provincial rule that was enacted by
the government of British Columbia. It could be
declared unconstitutional if it is not consistent
with the Constitution.
3. The citation does not begin with “R,” which stands
for Regina or Rex, Latin terms for Queen or King.
In Canadian law, criminal case citations follow the
66 UNIT 1 ◆ Our Legal Heritage
Page 50
Guided Case: Mazuelos v. Clark
1. The category of law is administrative law (public
law).
2. Circumstances that might have changed the deci-
sion:
• If Ms. Mazuelos had actively sought employ-
ment throughout the period for which she was
claiming lost wages, she might have been com-
pensated for the entire period.
• Ms. Clark might not have been liable if she had
investigated the nausea to see if it could be con-
trolled.
• The case might not have gone to the Human
Rights Tribunal if Ms. Clark had allowed Ms.
Mazuelos’s sister to fill in for Ms. Mazuelos
until her baby was born.
format R. v. Accused, as a crime is carried out not
only against the individual, but also against society
as a whole.
Additional Case: Spencer v. Spencer
1. Procedural law prescribes the methods of enforc-
ing the rights, duties, and responsibilities found
in substantive law. Procedural law can involve the
way evidence is gathered, how an arrest is made, or
what the proper procedure of a trial should be.
2. The previous decisions have set precedents in law,
and common law is based upon such decisions.
Lawyers will refer to similar cases in order to show
a judge that a precedent exists and will attempt to
convince the judge that the present case should
be decided in a similar manner.
Additional Case: Winnipegosis
(Village of) v. Gensisky
1. A bylaw is made by a local government and applies
only to people covered by that government. A
provincial law is made by the government of a
province and covers everyone in that province. A
Extension Activities
Activity 1
Levels of Law Making in
Canada
Purpose
This exercise is intended to help students develop
research skills and reinforce their familiarity with the
three levels of law making in Canada.
Resources
• BLM 2-2: Levels of Law Making in Canada
COPY Legal Inquiry
• Federal, provincial/territorial, and municipal
government Web sites
Teaching Strategies
a) Review with students the three levels of govern-
ment in Canada. Remind them that each level of
government is responsible for different areas of
law.
b) Have students complete BLM 2-2: Levels of Law
Making in Canada for homework.
c) Discuss the master as a class. Emphasize to stu-
dents that the law-making authority of each level
of government is important to keep in mind as they
progress through the course. The laws of the fed-
eral government apply to all areas of Canada, but
the laws of provinces and territories apply only to
that province or territory, and municipal bylaws
apply only to a particular municipality.
federal law is made by the federal government and
covers everyone in the country.
2. This case is an example of public law because it
involves a municipal government and its citizens.
The village’s Bylaw 1028 is a quasi-criminal law,
which students will read about on page 142 in Law
in Action.
Activity 2
Proposed Changes to
Legislation
Purpose
This activity is designed to help students develop their
research and communication skills as they prepare an
oral presentation on a proposed federal law.
Resources
• Library Resource Centre
• Government of Canada Web site: www.gc.ca
• Generic Assessment Master G-7: Rubric: Oral
Presentation Assessment
COPY
Teaching Strategies
a) Book the Library Resource Centre for one to two
periods. Introduce and explain this activity a day
prior to going to the Library Resource Centre so
that students can begin their work as soon as they
get to the library.
b) Instruct students to select a current law proposed
by the federal level of government (you may want
to assign a particular law) and prepare a report on
it for the class. Their reports should include the
following information:
• Title of bill (proposed law)
• Category of law
• Purpose of law
• Summary of new law
CHAPTER 2 ◆ Classifying Law 67
 • Summary of changes (how law is different from
previous law)
• Proclamation date
• Critique of proposed new law (pros and cons
of new law)
c) The presentations should be 8 to 10 minutes in
length. Encourage students to use visual aids to
enhance their presentations (e.g., overheads, charts,
graphs, or presentation software).
Activity 3
Accessing Government Services
Purpose
This activity is designed to build student research skills
as they prepare a pamphlet on how to access federal,
provincial, or municipal government services. The for-
mat is designed to promote co-operative learning skills,
including communication and task completion.
Resources
• Federal, provincial or territorial, and municipal
government Web sites
• Library Resource Centre
• Generic Assessment Master G-5: Rubric: Visual
Display Assessment
COPY
Teaching Strategies
a) Divide students into groups of four. Assign a level
of government (federal, provincial/territorial, or
municipal) to each group.
b) Instruct each group to produce a pamphlet that
outlines how to access government services for
their assigned level of government. The pamphlet
is to include information such as services provided,
68 UNIT 1 ◆ Our Legal Heritage
phone numbers, addresses, and e-mail and Web
site addresses. The pamphlet can be produced
using one of the commercially available software
programs.
c) The completed pamphlets should be shared with
the class so that all students can learn how to
access government services at all three levels of
government. For example, each group could set
up a display table with a spokesperson to answer
any questions that students may have.
Activity 4
Legal Terminology
Purpose
This exercise is designed to help students develop note-
taking skills and improve their understanding of the
legal terms and concepts in this chapter.
Resources
• Law in Action, Chapter 2 “Reviewing Your
Vocabulary” (page 47)
• BLM 2-3: Reviewing Your Vocabulary Quiz
COPY Legal Inquiry
Teaching
a) Divide the class into groups of three. Have stu-
dents record definitions for the terms listed under
“Reviewing Your Vocabulary” (on page 47 of the
text) on their own and in their own words. Once
they have completed the definitions, ask students
to provide examples of each term with their group.
b) Have students answer the questions in BLM 2-3:
Reviewing Your Vocabulary Quiz without the assistance
of their written definitions or the text. Students
can then mark each other’s quiz.
 Additional Resources
Books
The Law Student’s Workbench, Spetz Publishing Ltd.,
630 Graceland Avenue, Kingston ON K7M 7P7,
Tel: (613) 389-7176 or e-mail sgspetz@kos.net.
Contains 104 pages of questions, including
true/false, multiple choice, short answer, and case
questions. Reproduction rights are granted to the pur-
chasing school.
Magazines
LawNow (published six times a year by the Legal
Studies Program, Faculty of Extension, at the University
of Alberta) is an excellent resource for students and
teachers alike. Sample articles and order information
are available at www.extension.ualberta.ca/lawnow.
Newspapers
Newspapers are another source of information about
changes in Canadian laws. Referring to a current case
or legal decision from a newspaper is an effective way
of starting each class.
Web Sites
The federal and provincial/territorial government Web
sites listed below are very useful for research projects
and the various assignments in this chapter.
Government of Alberta: www.gov.ab.ca
Government of British Columbia: www.gov.bc.ca
Government of Canada: www.gc.ca
Government of Manitoba: www.gov.mb.ca
Government of New Brunswick: www.gov.nb.ca
Government of Newfoundland: www.gov.nf.ca
Government of Northwest Territories: www.gov.nt.ca
Government of Nova Scotia: www.gov.ns.ca
Government of Nunavut: www.gov.nu.ca
Government of Ontario: www.gov.on.ca
Government of Prince Edward Island: www.gov.pe.ca
Government of Quebec: www.gouv.qc.ca
Government of Saskatchewan: www.gov.sk.ca
Government of Yukon: www.gov.yk.ca
Other Resources
• The Community Legal Education Association is
a valuable resource for a wide variety of pamphlets,
booklets, and educational kits. The association can
be reached at 501 - 294 Portage Avenue, Winnipeg
MB R3C 0B9. Tel: (204) 943-2382.
• The Department of Justice Canada offers a num-
ber of free booklets and reports including Canada’s
System of Justice, which provides a brief outline of
Canada’s system of law and justice, historical roots
of the legal system, the court structure, court oper-
ations and rights of citizens before the courts, and
responsibilities in relation to the justice system.
The department can be reached at 284 Wellington
Street, Ottawa ON K1A 0H8. Tel: (613) 957-4222.
CHAPTER 2 ◆ Classifying Law 69
 Additional Cases
374787 B.C. v. Dion. (2002),
B.C.C.A. 297
In June 1999, the company 374787 B.C. Ltd. loaned
Dion Entertainment Corporation $45 000. An agree-
ment between the two companies stated that the loan
was to be repaid by June 22, 1999, and the repayment
could be in cash or in stocks in the Dion Entertainment
company, which, when sold, would be worth $45 000.
Dion Entertainment failed to repay the debt by June 22,
but on July 16, Dion transferred 16 000 shares of cap-
ital stock to 374787 B.C. Both companies were satis-
fied that this transfer of shares was full repayment of
the original loan.
In the spring of 2000, however, 374787 B.C. sold
the shares, but by that time they were not worth the
value of the original loan. As a result, 374787 B.C.
sued Dion for the difference owing on the original
loan. The case was decided under Rule 18A, a rule of
procedure in British Columbia that allows a trial to be
held entirely on paper. Under Rule 18A, the two sides
in a legal dispute do not appear in court. There is no
examination or cross-examination of witnesses. Both
sides sign the necessary documents in their case, and
the judge, after reading the signed documents (called
affidavits), decides the case. In order for Rule 18A to
be applied, both sides must agree to the facts, that is,
there can be no arguable claim or defence by either
side. The purpose of Rule 18A is to reduce court time
and the expense of lengthy trials.
The trial judge decided that Dion Entertainment
Corporation owed 374787 B.C. the difference between
the value of the stocks that had been sold and the loan.
Dion appealed the decision.
At the appeal level, Dion argued that the case
should not have been decided under Rule 18A because
there was disagreement over the credibility of evidence.
The Court of Appeal noted that if there was a ques-
tion about the credibility of evidence, then it should
have been advanced in the lower court where the judge
could have ordered a cross-examination on the affi-
davits (the evidence in dispute in this case), which
would have allowed the judge to factor this information
into the decision. The appeal was dismissed.
1. How does Rule 18A affect the procedure in a trial?
2. What government enacted Rule 18A? How could
it be declared unconstitutional?
3. How do you know this is not a criminal case?
70 © Pearson Education Canada 2003. LAW IN ACTION.
Spencer v. Spencer (2002), B.C.C.A.
265
Timothy and Virginia Spencer were married and had
two children. After 29 years of marriage, the couple
separated and eventually divorced. Certain issues
remained unresolved and the divorce went to trial. At
trial, the judge granted Mrs. Spencer spousal support
payments of $1500 per month for two years from the
date of the order. Up to that point, Mrs. Spencer had
received $1000 per month for approximately ten months
and $1700 per month for approximately two years. The
spousal support payments granted at trial brought the
total period of support payments to five years. The judge
based her ruling on the fact that Mrs. Spencer had
worked for most of the latter years of the marriage at a
bank, that she was planning to take an aesthetician
training program at a college, and that she was employ-
able. The judge was of the opinion that during the addi-
tional two years of support payments, Mrs. Spencer
could become economically self-sufficient.
Mrs. Spencer appealed this ruling. She was seek-
ing a permanent support order, which meant she would
receive support payments for an indefinite period.
The Court of Appeal of British Columbia dismissed
Mrs. Spencer’s appeal. In its decision, the Court cited
the guidelines for granting an appeal as established by
the Supreme Court of Canada. According to the
Supreme Court of Canada, an appeal can only be
granted if there has been an error in principle, a sig-
nificant misapprehension of evidence, or the award is
clearly wrong. The Appeal Court found that because
there was no clear error, the Court was bound to dis-
miss the appeal.
1. This case went from the trial court to an appeal
court. This process of appeal follows procedural
law. Explain what is meant by “procedural law.”
2. The lawyer for Mrs. Spencer made reference to
other cases during the trial to try to convince the
Appeal Court that an error had been made. Explain
the significance of referring to previous decisions.
The right to reproduce this page is restricted to the purchasing school.
 Additional Cases

Winnipegosis (Village of) v. Gensisky was sufficiently persistent and disturbing to have dis-
(2002), M.B.P.C. 10003 turbed others, in particular their neighbour, Mary
Bobinsky.
In his decision, the judge pointed out that the
In January 2002, Walter and Julie Gensisky went to
bylaw does not ban all noises that might arise from the
court to face charges that they breached the noise
use of mechanical equipment, but only noise that goes
bylaw of Winnipegosis. The village alleged that the
beyond the ordinary use and enjoyment of one’s prop-
noise created by the Gensiskys’ power tools disturbed
erty and that interferes with the use and enjoyment
and annoyed the residents of the village and breached
by a neighbour of his or her property. The fact that the
Bylaw 1028 on noise. The bylaw reads in part:
power tools were used in connection with a commer-
cial enterprise is significant because it indicates that
1. No person shall, at any time, yell, shout,
this was an activity not ordinarily connected with the
sing, ring bells, except church and school bells,
use and enjoyment of one’s residential property. The
blow horns, operate mechanical devices or vehi-
judge was not satisfied that the noise from the power
cles, operate, play or permit the operation or
tools on June 30 and July 3 went beyond the reasonable
playing of any radio, television, phonograph,
use of property by the Gensiskys. However, the judge
drum, musical instrument, loudspeaker, public
did find that the noise on August 18 and August 20
address system, sound amplifier … in such a
crossed the line on what might be considered reason-
manner as to create a noise liable to disturb or
able. Ms. Bobinsky’s videotape showed that Julie
annoy residents of the Village of Winnipegosis.
Gensisky only occasionally helped with the work and,
consequently, she was acquitted. Walter Gensisky was
A videotape taken by a neighbour, Mary Bobinsky,
convicted.
detailing the activities that caused the noise, was
entered as evidence. 1. How does a bylaw differ from a provincial or fed-
On several occasions during the summer of 2001, eral statute?
the Gensiskys used power tools in their residence. The
2. Under what category of law would you classify this
tools were being used in connection with their interest
case.
in a commercial fishing enterprise. The question before
the court was whether the noise from the power tools

© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school. 71
 BLM 2-1

PREPARING FOR A DEBATE

Name: Date:

Review the following points to help you plan and prepare for a debate on an assigned topic.

Format
1. The class should be divided into an equal number of teams. Each team will have two or more students,
depending on the number of students in the class. Each team will be assigned to defend either the “pro” or “con”
side of the issue and will have one period to prepare for the debate. A random selection will determine which
teams will face each other in the debate.
2. Each team gives a one-minute opening statement. One team then presents one of its arguments and the
opposing team will be allowed to give a rebuttal. The statement of points followed by rebuttal should last
five to six minutes. Each team will then give a one-minute closing statement.
3. Desks should be arranged at the front of the class for the debate. The teacher may wish to act as moderator.
4. Evaluation will be done through peer assessment. Four students will be asked to evaluate the debate so that
there are two assessments for each team.

Preparation
1. Your team’s opening statement should consist of an overview of the main issue being debated and your team’s
position on the issue.
2. Select three or four points that you feel strongly support your side of the debate. Include specific details or exam-
ples to back up your argument (for example, use statistics or other concrete evidence that is hard to refute).
Make notes to help you during the debate. Try to anticipate how the opposing side may critique your arguments.
3. Begin the debate with your strongest arguments, since you may not have a chance to get through all of your
points. Remember to use specific details to back up your arguments. State your arguments clearly and logically.
4. When the opposing team members are making their points, listen carefully to what they are saying (you may
want to take notes). When you give your rebuttal, critique what the other team has said rather than continu-
ing with your own arguments. You may want to use some of your own evidence or supporting information to
point out faults or weaknesses in their arguments. Remember to be polite and respect the position of the
other team.
5. Speak in a clear, loud voice during the debate, but do not shout. Avoid speaking in a monotone voice. Make
eye contact with the members of the opposing debate team, the moderator, and the audience.
6. The closing statement should summarize your main points and clearly set out why your position on the issue
is the correct one.

72 © Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school.
 BLM 2-2

LEVELS OF LAW MAKING IN CANADA

Name: Date:

1. a) List five areas of law under federal jurisdiction.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

b) Research the name of a federal act that is

international: __________________________________________________________________________

domestic: ______________________________________________________________________________

substantive: ______________________________________________________________________________

2. a) List five areas of law under provincial/territorial jurisdiction.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

b) Research and record the name of four provincial/territorial acts.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

3. a) List five areas of law under municipal jurisdiction.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

b) Research and record the name of four municipal bylaws.

______________________________________________________________________________________

______________________________________________________________________________________

______________________________________________________________________________________

© Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school. 73
 BLM 2-3

REVIEWING YOUR VOCABULARY QUIZ

Name: Date:

Part A
Fill in the Blanks: Fill in the blanks with the appropriate legal term. Each correct response is worth one mark.
[5 marks]

1. This branch of law deals with issues such as marriage and divorce. _________________________________

2. Laws that are passed by the legislature of your province or by the Parliament of Canada are referred to as

_________________________________.
3. The legal system established in Great Britain and based on judges’ previous decisions is called

_________________________________.
4. Municipal governments pass laws dealing with a variety of local issues. These laws are known as

_________________________________.
5. The political or legal authority to pass and enforce laws, or the judicial authority to decide a case, is called

_________________________________.

Part B
Short Answer: Answer each of the following questions in complete sentence form on a separate piece of paper.
The value of each question is indicated in square brackets. [15 marks]

1. Define and explain the term “public law.” Provide an example of public law. [3 marks]

2. Define and explain the term “civil law.” Identify one of the branches of civil law. [3 marks]

3. Using examples, compare and contrast substantive law and procedural law. [4 marks]

4. What is the role of international law? Provide an example to show how it is used. [2 marks]

5. What is the purpose of criminal law? Give an example to illustrate how criminal law works. [3 marks]

74 © Pearson Education Canada 2003. LAW IN ACTION. The right to reproduce this page is restricted to the purchasing school.