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Slide Notes
British law has had the largest impact on the development of Canadian Law due to the fact that we were originally a colony of England.
Tiberius Claudius Caesar Augustus Germanicus Emperor of Rome conquered Britain in 43 AD. The Romans left in 410 AD to deal with threats on the continent to the empire.
With their departure, Roman Law gave way to religion to determine the guilt or innocence of someone accused of a crime.
Tiberius Claudius Caesar Augustus Germanicus Emperor of Rome conquered Britain in 43 AD. The Romans left in 410 AD to deal with threats on the continent to the empire.
With their departure, Roman Law gave way to religion to determine the guilt or innocence of someone accused of a crime.
Influences On Canadian Law (Unit 1 Set 2)
Published on Sep 30, 2016
Primarily examining the development of law in Britain.
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PRESENTATION OUTLINE
Influences On Canadian Law
David Dickinson
British law has had the largest impact on the development of Canadian Law due to the fact that we were originally a colony of England.
Tiberius Claudius Caesar Augustus Germanicus Emperor of Rome conquered Britain in 43 AD. The Romans left in 410 AD to deal with threats on the continent to the empire.
With their departure, Roman Law gave way to religion to determine the guilt or innocence of someone accused of a crime.
Tiberius Claudius Caesar Augustus Germanicus Emperor of Rome conquered Britain in 43 AD. The Romans left in 410 AD to deal with threats on the continent to the empire.
With their departure, Roman Law gave way to religion to determine the guilt or innocence of someone accused of a crime.
Photo by alexindigo
Trial by Ordeal
- Accused underwent torture to determine their guilt or innocence.
Trial by Ordeal was used when a judge could not reach a verdict of guilt or innocence.
The belief was that God would protect someone who was not guilty of a crime from being harmed.
The belief was that God would protect someone who was not guilty of a crime from being harmed.
Photo by dno1967b
Trial by Oath Helping
- If People who knew the accused would swear an oath on the bible that the accused was innocent. The accused was freed. Do you see a problem?
It might have been easy to convince friends to lie, but because people were God-fearing, the concept was that no one would lie before God as they did not want to face his vengeance.
Photo by kevin dooley
Transition
- No unified system of laws between 410-1066 AD
- William the Conquer (Duke of Normandy) invaded England (1066 AD)
- He and his lineage unified the system and assumed total control.
Between 410 –1066 disputes were settled by the customs and traditions of independent villages.
The Battle of Hastings (1066) was the invasion of the Kingdom of England by William the Conqueror Duke of Normandy. It linked England more closely with Continental Europe and created one of the most powerful monarchies in Europe.
Simultaneously, It created one of the most sophisticated governmental systems in Europe, changed the English language and culture, and remains the last successful military conquest of England.
The Battle of Hastings (1066) was the invasion of the Kingdom of England by William the Conqueror Duke of Normandy. It linked England more closely with Continental Europe and created one of the most powerful monarchies in Europe.
Simultaneously, It created one of the most sophisticated governmental systems in Europe, changed the English language and culture, and remains the last successful military conquest of England.
Photo by rjhuttondfw
Trial By Combat
- Used after 1066 AD (Norman Invasion) The two parties engaged in a duel. God would be on the side of the innocent. If you were physically weaker than your opponent, what would you do?
Conflicts between nobles could lead to minor wars, a judicially organised duel was a less expensive substitute that gave the litigants and the public the physical satisfaction they desired.
Photo by Bryn_S
Trial By Combat
- The current "adversarial system" is based on the past idea of having someone physically fight in one’s place.
If you were physically weaker than your opponent, what would you do?
Answer: hire someone to fight for you!
In the current adversarial system two opposing parties present evidence to an impartial judge.
Just so you know:
Extending or accepting a challenge to fight a duel is a criminal offence in Canada.
Answer: hire someone to fight for you!
In the current adversarial system two opposing parties present evidence to an impartial judge.
Just so you know:
Extending or accepting a challenge to fight a duel is a criminal offence in Canada.
Photo by Ed .
Divine Right of Kings
- Absolute power of the king was derived from the idea of "Divine Right"
- A belief that kings and their heirs got their power from god and were accountable only to him.
William the Conquer believed that he was the law and that this power came from the concept of divine right.
Photo by AvidlyAbide
The Feudal System
- William instituted the feudal system - Britain is divided into parcels of land controlled by the nobility.
- Each Nobleman dealt with legal issues upon his land.
- How could this cause problems?
Feudal system:
A political and economic system of Europe from the 9th to about the 15th century based on holding all land in fief.
A fief was a source of income granted to a person (called a vassal) by his lord in exchange for his services. The fief usually consisted of land and the labour of peasants who were bound to cultivate it. The income it provided supported the vassal, who was obliged to fight for his lord as a knight.
Why was there a problem with each nobleman dealing with legal issues on their land independently?
English law was inconsistent so this led to discrepancies in sentencing between villages.
A political and economic system of Europe from the 9th to about the 15th century based on holding all land in fief.
A fief was a source of income granted to a person (called a vassal) by his lord in exchange for his services. The fief usually consisted of land and the labour of peasants who were bound to cultivate it. The income it provided supported the vassal, who was obliged to fight for his lord as a knight.
Why was there a problem with each nobleman dealing with legal issues on their land independently?
English law was inconsistent so this led to discrepancies in sentencing between villages.
Photo by thecrypt
The Feudal System
- Eventually by the late 1100s objections about the legal system made their way to King Henry II (grandson of William)
- To bring consistency to the law Henry II created: "assizes" and "circuit judges" Travelling courts and judges.
These travelling courts and judges would move from village-to-village and deal with the legal problems.
Going to the various villages, the judges noticed that many cases were very similar. They determined that these cases should be ruled upon the same.
Henry II originally set up a jury system to deal with disputes over land. The original 12 members of the jury were generally local landlords who had lived in the area for most of their lives. They knew the property under dispute and could testify as to its ownership or boundaries. However, they did not decide on a verdict. That was left to the judge.
Going to the various villages, the judges noticed that many cases were very similar. They determined that these cases should be ruled upon the same.
Henry II originally set up a jury system to deal with disputes over land. The original 12 members of the jury were generally local landlords who had lived in the area for most of their lives. They knew the property under dispute and could testify as to its ownership or boundaries. However, they did not decide on a verdict. That was left to the judge.
Photo by Jerry Bowley
Case/Common Law
- The judges decided to record their cases and decisions to help in ruling upon similar cases.
- Using past cases to make decisions on current ones is known as Case/Common law “Common To All”
- This led to the principle of "Stare decisis." ------- To stand by the decision
Although the facts of one case might not match another case exactly, it creates a precedent or model to be followed.
Initially the court only heard land disputes, eventually it grew into many courts hearing disputes about everything.
The current version of "Stare Decisis" is called the Rule of Precedent.
Rule of Precedent:
To apply a past decision to a case with similar circumstances.
Initially the court only heard land disputes, eventually it grew into many courts hearing disputes about everything.
The current version of "Stare Decisis" is called the Rule of Precedent.
Rule of Precedent:
To apply a past decision to a case with similar circumstances.
Photo by SalFalko
The Magna Carta
- On June 15th of 1215 King John (Henry II’s son) signed the Magna Carta (The Great Charter)
- The Magna Carta was a charter (contract) of political and civil rights which established the "Rule of Law"
The king had undermined his own power by creating a system of courts that could function independently of him.
People began to realise that the Divine Right of Kings was a scam since the king was no longer the maker of the law and as such was not receiving input from God.
Signing the Magna Carta meant accepting limited power.
Rule of Law
1) Law is necessary
2) Law applies to everyone
3) Law is not arbitrary
People began to realise that the Divine Right of Kings was a scam since the king was no longer the maker of the law and as such was not receiving input from God.
Signing the Magna Carta meant accepting limited power.
Rule of Law
1) Law is necessary
2) Law applies to everyone
3) Law is not arbitrary
Photo by maveric2003
Habeas Corpus
- An arrested person had to be presented before the court to determine the legitimacy of the arrest
- Part of the Canadian Charter of Rights and Freedoms.
Habeas Corpus was another component of the Magna Carta.
Translated it means:
"You must have the body."
Habeas Corpus prevents arbitrary detention or imprisionment.
Inmates at Guantanamo Bay had their right to Habeas Corpus stripped to avoid bringing them before a court.
Translated it means:
"You must have the body."
Habeas Corpus prevents arbitrary detention or imprisionment.
Inmates at Guantanamo Bay had their right to Habeas Corpus stripped to avoid bringing them before a court.
Photo by DVIDSHUB
Aboriginal Law
- In Approximately 1450 AD five aboriginal nations created an Iroquois Confederacy (league of nations).
- In 1720 The Tuscarora joined and the confederacy became known as the Six Nations.
- The constitution of the confederacy became known as Gayanashagowa or The Great Binding Law.
(Mohawk, Onondaga, Seneca, Oneida, and Cayuga) were the groups that initially joined.
Women were regarded as the ancestral source of the Nation and had rights to land, soil, family lineage, and lordship titles within the Confederacy.
The constitution is estimated to have been written between 1450 and 1500.
The Great Binding Law or Gayanashagowa (Guy-ya-nash-a-gow-a) is a written record of the rules used to govern the confederacy and represents perhaps the earliest form of nationalism and democratic government in what would become the United States. In fact, because the Great Law lays out a council-based form of government with checks and balances and also specifically protects the rights of the people, some historians feel that it directly influenced the writing of the American Constitution in 1776.
Women were regarded as the ancestral source of the Nation and had rights to land, soil, family lineage, and lordship titles within the Confederacy.
The constitution is estimated to have been written between 1450 and 1500.
The Great Binding Law or Gayanashagowa (Guy-ya-nash-a-gow-a) is a written record of the rules used to govern the confederacy and represents perhaps the earliest form of nationalism and democratic government in what would become the United States. In fact, because the Great Law lays out a council-based form of government with checks and balances and also specifically protects the rights of the people, some historians feel that it directly influenced the writing of the American Constitution in 1776.
Photo by Alkan de Beaumont Chaglar
Quebec Civil Code
- The French Civil Code (Napoleonic Code) forms the basis for the Quebec Civil Code
A civil code is a system of law used for resolving private matters.
The rest of Canada relies on Common Law to address personal matters.
Common law is made up of the past written decisions of judges in court cases and tribunals. Common law comes from all levels of court in Canada.
The rest of Canada relies on Common Law to address personal matters.
Common law is made up of the past written decisions of judges in court cases and tribunals. Common law comes from all levels of court in Canada.
Photo by abdallahh
