historical influences on canadian law
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Historical Influences on Canadian Law . Where'd Those Laws Come From?. Although Canadian Law reflects aspects of Mosaic, Greek, Roman, and French law, it is British law that has had the most influence in Canada. Early British Law.

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where d those laws come from
Where'd Those Laws Come From?
  • Although Canadian Law reflects aspects of Mosaic, Greek, Roman, and French law, it is British law that has had the most influence in Canada
early british law
Early British Law
  • When the Romans left Britain around the year 410, the law in Britain gradually began to reflect local customs and traditions.
  • The types of trials was one of these, and included:
    • Trial by Ordeal
    • Trial by Oath Helping
    • Trial by Combat
the feudal system
The Feudal System
  • A system of government based on the relationship between Lords and their vassals.
  • The King would rule by Divine Right ( your power came from God and you were accountable only to Him)
  • William the Conqueror began establishing a system of Land Ownership where the nobles were Judges
  • Penalties were different, there were no rules of evidence, rights of the accused were not considered.
  • In the 12th Century the people rose up because of this.
early trials
Early Trials
  • Trial by Ordeal
    • Torture used to determine guilt or innocence.
    • Only for trials involving death penalty
  • Trial by Oath Helping
    • Friends would swear on the Bible about your innocence
    • God would punish them if they lied.
  • Trial by Combat
    • The innocent person would win the battle with God’s help
common law
Common Law
  • King Henry II solves the problem by appointing Circuit Judges to travel the land holding court, called Assizes
  • Judgements eventually became similar or Common
  • Judges began to record their decisions and these records became known as Case Law
main features of common law
Main Features of Common Law
  • Stare Decisis
    • Judges began to read the decisions of other judges
    • If they had a similar case, a judge would make a similar decision
    • The above Latin phrase means “to stand by the decision”
  • Rule of Precedent
    • The process of applying Stare Decisis , provided the facts of the case were similar, developed into the Rule of Precedent
  • The Jury
    • 12 Land Owners who would testify at property disputes(not reach a verdict)
the magna carta
The Magna Carta
  • In June of 1215, King John is forced to sign the Magna Carta, which:
    • Establishes the Rule of Law
    • Gave Equality Before the Law
    • Required Habeus Corpus (the right to see a Judge when arrested)
other influences
Other Influences
  • Napoleonic Code
    • Regulated civil matters, such as Property, Wills, Contracts, and Family Law
    • It forms the foundation of the Quebec Civil Code
  • Aboriginal Law
    • Recognized land claims and Treaty Rights
    • Emphasized Community Involvement and Rehabilitation
    • Idea of Restorative Justice by taking responsibility for ones actions
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