Canadian Law

1
Canadian Law

• Where it started

2
An Amalgam of French and British laws

• English law was not written down.
• Basis for the English Laws was feudalism (kings,
  lords, serfs)
• Canadian Law is based on English Law.

• French law was written down (codified)
• Quebec law is based on the French Civil Code

3
Feudalism and Common Law

• Based on a series or rights, duties and
  obligations.
• King was at the top of feudal structure.
• He gave land to his Lords and Barons (vassals)
  who then owed him military allegiance.
• The lords vassals were freemen and serfs who
  worked the lords lands and gave shares of all
  produced to the lord and the church.

4
Law and Justice during Feudalism

• The lord was the sole judge in trials concerning
  his vassals.
• Since different lords would have different views,
  this resulted in much inequity in regards to
  convictions and sentencing.
• Because of the inequity, the King hired judges to
  travel the country and hold hearings or assizes.
  

5
Common Law

• Judges met in London to discuss trials and
  sentences and compared notes.
• This eventually led to more equitable treatment
  and by the 13th century, the consistency of
  decisions became the basis for English Common
  Law.
• This method of forming law is based on
  precedent.

6
Precedent

• Common law is based on stare decisis, or the rule
  of precedent.
• This means that once a certain case became common
  knowledge, all other cases with similar facts
  would have the same result or verdict.
• Ensures impartiality and certainty

7
Case Law

• As the number of judges and cases increased,
  recording decisions became more essential.
• Thus, common law is also called case law.