Types of Law | The Canadian Encyclopedia

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  • Article

    Human Rights

    Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. Human rights as we understand them today are a relatively modern concept. All human rights are indivisible, interrelated and interdependent. None has automatic precedence over any other. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress. Human rights are an important part of the social fabric of Canadian society. Canadians have also played a role in the evolution of human rights on the international stage.

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  • Article

    Impaired Driving

    Impaired driving, also known as drunken driving, driving while impaired (DWI) and driving under the influence (DUI), has been a serious social problem as far back as the beginning of this century, when social scientists took note of the often deadly combination of alcohol and motor vehicles.

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  • Article

    Intellectual Property

    This term is used to describe rights which protect the results of intellectual and creative activity: items such as a new product, a book or painting, or a marketing slogan.

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  • Article

    International Law

    International law is the body of rules that governs the conduct of STATES and other international associations, such as the UN, although in the human rights area international law, in some instances, may be directly applicable to individuals as well as to states.

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  • Article

    King-Byng Affair (Plain-Language Summary)

    The King-Byng Affair was a constitutional crisis that happened in 1926. It pitted the powers of a prime minister against the powers of a governor general. It began when Prime Minister William Lyon Mackenzie King asked Governor General Lord Julian Byng to dissolve Parliament and call a new election. Byng refused. It ended with King winning another election. Since then, no governor general has publicly refused the advice of a prime minister. This article is a plain-language summary of the King-Byng Affair. If you are interested in reading about this topic in more depth, please see our full-length entry: King-Byng Affair.

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  • Article

    Labour Law

    Labour law governs collective bargaining and industrial relations among employers, their unionized employees and trade unions. In Canada a distinction is commonly made between labour law narrowly defined in this way and employment law, the law of individual employment relationships, comprising the common law of master and servant and supervening statutory enactments governing the workplace. In England, labour law describes both, and of course a close relationship exists between them. In most provinces these matters are covered in separate statutes, but the Canada Labour Code is Parliament's major enactment governing the workplace for industries within federal jurisdiction, and regulates labour standards and occupational health and safety.

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  • Article

    Landlord and Tenant Law

    Landlord and tenant law, governed by provincial statutes and judge-made law, varies considerably from province to province. Essentially, a landlord and tenant relationship is contractual (see CONTRACT LAW).

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  • Macleans

    Language Law Decision in Quebec

    It began with equal French and English lettering on a store sign, escalated with a $75 fine under Quebec's language laws - and ended with a court victory for Gwen Simpson and Wally Hoffmann.This article was originally published in Maclean's Magazine on November 1, 1999

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  • Article

    Law of Evidence

    Law of evidence, the body of regulations governing the proof of the existence of a fact before a court. It falls under federal and provincial legislation. In matters governed by the former, provisions of the Canada Evidence Act must be applied. Common law must also be applied.

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  • Article

    Law of Fiduciary Obligation

    In Canadian law, fiduciary obligation refers to a relationship in which one party (the fiduciary) is responsible for looking after the best interests of another party (the beneficiary). The courts have determined that a fiduciary obligation exists where the fiduciary can exercise some discretion or power, and they do so in a way that affects the interests of the beneficiary. In these relationships, the beneficiary is in a position of vulnerability at the hands of the fiduciary. 

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  • Article

    Law of the Sea

    Law of the Sea, for about 300 years, was to a large extent determined by principles of customary law. Coastal states claimed sovereignty over a narrow belt of territorial sea; on the rest of the seas (the "high seas"), the basic principle of freedom of the seas reigned.

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  • Article

    Law Reform

    Law reform is the process of ensuring that law meets the needs of the society it is designed to serve. The process may involve updating by repealing old and obsolete enactments, consolidating or rationalizing an area of law, or even proposing entirely new concepts.

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  • Article

    London Conference (Plain-Language Summary)

    The London Conference took place in London, England, from 4 December 1866 to March 1867. Politicians from British North America met with members of the British government. This was the last of three conferences that were held to work out the legal details of Confederation. The first two were the Charlottetown Conference and Quebec Conference. They were both held in 1864. The Quebec Resolutions were agreed upon in Quebec City. They were reviewed and updated in London. They formed the basis of the British North America Act. It is the foundation of Canada’s Constitution. It was passed by the British Parliament. It received Queen Victoria’s Royal Assent on 29 March 1867. This article is a plain-language summary of the London Conference. If you would like to read about this topic in more depth, please see our full-length entry: London Conference. 

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  • Article

    Malpractice

    Malpractice is intentional or negligent failure by any professional, eg, doctor, lawyer, accountant, to meet the standards of reasonable competence in his field. These standards are set taking into account the circumstances in which the professional is acting.

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  • Article

    Marriage in Canada

    Marriage remains one of the most important social institutions in Canada. It has undergone profound changes since the 1960s. The marriage rate is in decline and the traditional idea of a family is being transformed. After the turn of the millennium, the marriage rate fell to 4.7 marriages per 1,000 people (compared to 10.9 in the 1940s). Married couples are still the predominant family structure. But between 2001 and 2016, the number of common-law couples rose 51.4 per cent; more than five times the increase for married couples over the same period. The definition of what constitutes a married couple also changed in 2005 with the legalization of same-sex marriage. In 2016, 65.8 per cent of Canadian families were headed by married couples; down from 70.5 per cent in 2001. Marriage falls under federal jurisdiction, but the provinces regulate marriage ceremonies and grant marriage licences.

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