Browse "Types of Law"

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Article

Patriation Reference

The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriate and amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”
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Constitutional Act, 1791 (Plain-Language Summary)

The Constitutional Act, 1791 was an act of the British Parliament. It was also known as the Canada Act. It divided the Province of Quebec into Upper Canada and Lower Canada. The Act was a first step on the long path to Confederation. It also gave women who owned property in Lower Canada the right to vote. But its rigid colonial structures set the stage for the Rebellions of 1837–38. This article is a plain-language summary of the Constitutional Act, 1791. If you would like to read about this topic in more depth, please see our full-length entry: Constitutional Act, 1791.
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Constitutional History of Canada

The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and political pressures facing Canadians, as well as their choices as a society.
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Constitutional Law

Constitutional law is a branch of public law, the body of rules regulating the functioning of the state. At its heart is the Constitution—the supreme law of Canada—which comprises written, statutory rules, plus rules of the common law (a living body of law that evolves over time through decisions of the courts), and also conventions derived from British constitutional history. The conventions themselves are recognized by the courts but are not, strictly speaking, part of constitutional law.
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Consumer Law

The branch of law concerned with the supply of goods and services in the most comprehensive sense for the personal use or consumption of individuals and their families is called consumer law.
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Contract Law in Canada

A contract is a legally binding agreement between two or more persons for a particular purpose. It is an instrument for the economic exchange of goods and services. In Canada, contract law is administered both in common law and, in Quebec, civil law.
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Copyright Law

Copyright law is included in what is commonly known as the law of intellectual and industrial property. This branch of law also includes Patents, Trademarks and the law of industrial designs. In Canada, the Constitution Act of 1867 gives exclusive jurisdiction over copyright law to the federal government. The current Copyright Act was enacted by Parliament in 1921 and amended significantly in 1988 and 1997.
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Corporation Law

A corporation is an artificial entity created by or under the laws of a state. Corporation law (also referred to as company law) is the body of law that governs the formation, governance and dissolution of corporations. The corporation is the dominant form of business organization in Canada.
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Coutume de Paris

Coutume de Paris, the customary law of the Prévoté et Vicomté de Paris (written 1510; revised 1580), was a code of law first introduced to what is now Canada by the COMPAGNIE DES CENT-ASSOCIÉS in 1627.
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Crime

Crime in modern societies can be defined officially as acts or omissions prohibited by law and punishable by sanctions. Although crime is sometimes viewed broadly as the equivalent of antisocial, immoral and sinful behaviour or as a violation of any important group standard, no act is legally a crime unless prohibited by law. Conceptions of crime vary widely from culture to culture; only treason (disloyalty to the group) and incest are condemned virtually universally, but they were not always treated as crimes.
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Criminal Capacity

Two main groups of people lack capacity for criminal responsibility - the very young and the mentally disordered.
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Criminal Investigation

Criminal investigation involves the investigation of violations of CRIMINAL LAW.
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Criminal Law

Criminal law, in its widest sense, includes substantive criminal law, the operation of penal institutions, criminal procedure and evidence, and police investigations (see Criminal Investigation). More precisely, the term refers to substantive criminal law - a body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour.
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Criminal Procedure

Criminal procedure is an integral but distinct part of CRIMINAL LAW in Canada.
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Dangerous Offenders

Sentencing in criminal cases serves a variety of purposes, including deterrence, rehabilitation, denunciation and public protection. Purposes predominate depending on, for example, the nature and circumstances of the offence and the offender.
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