Jan. 02 – Jan. 06 2024; the first week of the semester kicked off with a block week course. PPOL617: Regulation and the Law delved into the intricate world of legal regulations, offering a deep dive into the Canadian legal system. Although the course, in my opinion, could have been condensed into four days given its content, the week was enriching .

Each day, from 9 AM to 4:30 PM, including pre-class readings and quizzes/assignments to tackle post-class. The course structure was as follows planned:

  • Tuesday: Overview of the Canadian Legal System.
  • Wednesday: The Legislative Branch (Parliament).
  • Thursday: The Judicial Branch; featuring a virtual tour of the Supreme Court of Canada via Zoom.
  • Friday: The Administrative State.
  • Saturday: Review and workshop on our capstone project.

Content Reflection:

Lon Fuller work "The Morality of Law" introduced us to the 8 requirements vital for a legal system's legitimacy. These principles, known as Fuller's principles of legality, offer a framework for assessing the moral quality of legal systems, guiding our understanding of legal ethics and governance.

  1. Generality: Laws should be formulated in general terms, applying equally to all members of society without arbitrary discrimination.
  2. Promulgation: Laws must be made known and accessible to the public, ensuring that individuals are aware of their rights and obligations.
  3. Non-retroactivity: Legal rules should not be applied retroactively to penalize individuals for actions that were not prohibited at the time they were committed.
  4. Clarity: Laws should be clear and understandable, providing sufficient guidance to individuals on how to comply with legal requirements.
  5. Consistency: Legal rules should be internally consistent and not contradict one another, promoting predictability and coherence in the legal system.
  6. Constancy: Legal rules should be relatively stable over time, allowing individuals to plan their conduct and organize their affairs accordingly.
  7. Congruence with social morality: Legal rules should reflect the moral values and principles of the community, aligning with commonly held notions of justice and fairness.
  8. Efficacy: Legal rules should be effectively enforced by the institutions responsible for administering justice, ensuring compliance and maintaining the integrity of the legal system.

In Canada, the legal system draws from three primary sources of law, each emanating from a distinct branch of government:

  1. Statutes from the Legislative Branch: Statutes, also known as acts, are laws passed by either the federal parliament or provincial legislatures. These statutes outline legal rules and regulations applicable to society at large. Additionally, statutes may be categorized as public or private. Public statutes, such as the Criminal Code, apply universally, while private statutes pertain to specific entities or locales, such as city charters or institutional regulations.
  2. Judicial Decisions from the Judiciary Branch: Judicial decisions, or case law, stem from the rulings made by courts and tribunals in legal disputes. These decisions interpret and apply statutes, regulations, and constitutional provisions to specific cases, establishing legal precedents that guide future judicial proceedings and legislative interpretation.
  3. Legislation from the Executive Branch: The executive branch, through delegated authority, issues regulations, also known as secondary or delegated legislation. Regulations are crafted under the authority of parent acts passed by the legislative branch and typically address specific matters arising from the parent legislation. Independent administrative agencies, acting as executive delegates, play a pivotal role in policymaking, adjudication, and rulemaking. These agencies possess specialized expertise and enact regulations that complement and implement legislative directives.

We also reviewed the historical journey through key human rights legislation in Canada:

  1. Canadian Bill of Rights (1960): first federal law to protect human rights and fundamental freedoms. However, it was limited in scope as it applied only to federal laws and did not have constitutional status.
  2. Canadian Human Rights Act (1977): This Act was introduced by Prime Minister Pierre Trudeau's government and aimed to prevent discrimination in areas under federal jurisdiction. It established the Canadian Human Rights Commission to investigate complaints of discrimination and to promote human rights in Canada.
  3. Canadian Charter of Rights and Freedoms (1982): The most significant development in Canadian human rights law, the Charter was enacted as part of the Constitution Act, 1982, under Prime Minister Pierre Trudeau. It guarantees fundamental freedoms such as freedom of expression and religion, democratic rights, mobility rights, legal rights, and equality rights. The Charter applies to all levels of government in Canada and is considered the supreme law of the land. 2 foundational commitment:
    • Supremacy of God
    • The Rule of Law

Participating in the virtual tour of the Supreme Court of Canada organized by my professor was an eye-opening experience. The tour offered a comprehensive overview of the Canadian judicial system and the role of the Supreme Court in shaping legal precedents and resolving important legal issues. Throughout the tour, I had the opportunity to ask questions and engage with the guide, enhancing my understanding of the Court's functions and procedures.

Additionally, we explored the concept of omnibus legislative bills, encompassing multiple unrelated issues within a single piece of legislation. While efficient, these bills pose challenges in tracking amendments and understanding their comprehensive impact.

Useful References

Citing Legislation

Citing legislation example

Jurisdiction Abbreviations

AlbertaA
British ColumbiaBC
CanadaC
Lower CanadaLC
ManitobaM
New BrunswickNB
Newfoundland and LabradorNL
Northwest TerritoriesNWT
Nova ScotiaNS
Nunavut NU
OntarioO
Prince Edward IslandPEI
QuebecQ
SaskatchewanS
Upper CanadaUC
YukonY

Citing Case Law

The court assigns neutral citation when the decision is rendered, so a very recent case will have only a neutral citation until it is included in a printed reporter.

Citing Case Law example

Reference for traditional case law citation. Additionally, Canadian court identifier tables could be found here.

FILAC Approach

FILAC is an acronym that stands for "Facts, Issues, Law, Application, Conclusion." It's a structured approach used in legal research and analysis to systematically break down a legal problem or case.

  1. Facts: Begin by identifying and understanding the relevant facts of the case or legal issue.
  2. Issues: Identify the key legal issues or questions that need to be addressed.
  3. Law: Research and analyze the applicable laws, statutes, regulations, precedents, and legal principles relevant to the identified issues.
  4. Application: Apply the relevant legal rules and principles to the facts of the case.
  5. Conclusion: Finally, draw conclusions based on the analysis conducted in the previous steps.

*Photo: Royal Glenora Stairs Edmonton, AB taken Sep. 12/21.

Summit photo