Key Cases and Concepts
This term means having a responsibility to another person in a civil negligence case, ensuring they are free from harm.
What is a duty of care?
It's the most fluid type of law in Canada, and sits on the top of the Types of Law triangle.
What is case law?
Made up of 9 members appointed by the Prime Minister, it is the final court of appeals in Canada.
What is the Supreme Court of Canada?
A civil wrong committed against someone is known as this, which sounds a little bit like a favourite Canadian sweet treat. Think: "butter _____ ."
What is a tort?
It's the standard of proof in a civil case in Canadian law.
What is 'on the balance of probabilities'?
Subway argued the CBC was engaged in this important tort during it's episode of the 5th Estate, damaging the reputation of the sandwich chain to the tune of millions of dollars
What is defamation?
It's the type of law where you will most commonly find a case written in the form "R v. _________."
What is criminal law?
It's the stream of Canadian courts which manages cases including terrorism, indigenous issues, income tax, and other issues of national importance.
What are the federal courts?
He led the Metis in two rebellions against the Federal government, protecting Metis rights in the Manitoba Act, 1870, and ultimately paying with his life.
Who is Louis Riel?
This stream of Canadian justice operates independently of the the traditional path, enforcing the Code of Service Discipline
What are military courts?
AAAACCCCCK! Look Out! It's a dead fly! Mr. Mustapha argued this water supplier was negligent in allowing his water to be preapred unsafely.
What is Culligan?
It's the form of law which would cover disagreements between the provinces and national government over sections 91 and 92 of the British North America Act. Now, the _____________ Act (1867).
What is constitutional law?
An important aspect of the Canadian judiciary is that it is to be independent of this branch of Canadian government.
What is the legislative branch or Parliament?
Custodial parents have this special right, trumping the rights of parents who may just have access to a child. It may, for example, allow them to pursue dentistry school in Australia.
What are mobility rights?
Case law builds upon this concept, from the latin stare decisis, which means to follow the decision which came before.
What is precedent?
It's the Ontario law which regulates rules in the workplace, including termination notice and pay.
What is the Employment Standards Act?
If at first you don't succeed, try, try, again! If you have selected a bench trial, it means you want the judge to act as both of these important roles in the adversarial system.
What is a trier of fact and a trier of law?
Any law which is found in violation of this important item in Canadian law is considered by the courts 'null and void.'
What is the Constitution?
One key difference in common law marriage is that survivors do not immediately get access to this - the monetary and physical possessions of their deceased spouse.
What is an estate?
Because it involves two sides fighting to convince a judge that their side is correct, the Canadian justice system is often described as this.
What is adversarial?
Hey Good Lookin! Being too closely related by blood is one reason you cannot marry in Canada. It is known as this legal concept - think of the French word for blood.
What is consanguinity?
In R v. Brown and Sullivan, the defense relied on this very rare defense to argue their bodies were acting independently of their minds.
What is automatism?
Most criminal cases will begin in this court system.
What are provincial courts?
Though it sounds the gnarliest, this is actually the least serious of the three forms of culpable homicide in the Canadian Criminal Code.
What is manslaughter?
Hold Still! Parliament is responsible for passing this element of Canadian law, as long as it does not violate the constitution.
What is statute law?