Historical Influences on Canadian Law

1. Historical Influences on Canadian Law

2. 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

3. 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

4. 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.

5. 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

6. 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

7. 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)

8. 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)

9. 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