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HISTORY OF LAW IN CANADA

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on 31 October 2014

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Transcript of HISTORY OF LAW IN CANADA

HISTORY OF LAW IN CANADA
by
Arnel Santiago Jr.

First Residents (28000 BC)
-Southern Canada mostly filled with what we accidentally called "Indians"
Charter of the Hudson's Bay Company
The Royal Charter of the Company had included law-making powers for the territory that was before known as "Rupert's Land.
Slavery, 1800
1800, James Monck ruled slavery illegal because of a British law that prohibited all slavery. But this argument was flawed.
Upper Canada= NO! To French civil Laws 1791
1791,England had separated Quebec into Upper and Lower Canada by the Constitutional Act
The first laws, 1611
John Guy, first English governor of Newfoundland, established the first law. The Law was to regulate the fishing industry and to control deforestation.
The First councils, 1647
1647,First provincial government had been made by the Company of the Hundred Associates in . A local council was made up of the governors of Quebec City and Montreal
New France falls to the English,1759
The English promised the captured French habitants just government. The defeated French troops fled to Montreal and eventually surrendered . In a few months, the British military commander ordered the disarming of all French Canadians living on the south side of the Saint Lawrence River.
The Quebec act,1774
Guaranteed religious acts for Roman Catholics in Quebec.
Rebellion (Upper and Lower Canada) Ends,1837
British North America Act
1867
The War measure Act 1970
Bill 101, 1974
- The "Iroquois" were a native clan that lived in Canada and were lead by a female
- Even if a woman lead the clan, men were still in charge of things like Trade, War and Peace
We still use similar laws today to help control our resources and limit the amount of wasted resources.
The council had more power to make laws than the french colony
1663, New France was declared a province of France and a Sovereign Council replaced the local council.
The Sovereign Council was given the mandate to oversee the implementation of French law in New France.
The main purpose of the charter was to grant a fur, fish and mining ownership to the Hudson's Bay Trading Company.
Serious crimes committed by a "white man' had to be tried in England.
The Governor of the Company had the power to make the law but it had to be in obedience to the laws of England
Fortunately in 1834, the British finally abolished slavery
Present day: Everybody is treated equally and it is illegal to discriminate against someone.
in 1763 New France was formally named "Quebec". They were also delivered to England by the Treaty of Paris
Since the conquest of New France, the condition french law in Quebec was not certain
For criminal laws, the law of England would stand
The Quebec Act stated that property and civil rights had to be resolved by reference to the laws of Canada
Upper Canada rejected French civil laws and introduced English common laws and rules of evidence
Could only vote in Upper Canada if you owned land or payed £10 in rent
British North America was now made of four colonies: Upper and Lower Canada, New Brunswick and Nova Scotia.
1837, UPPER CANADA VS. LOWER CANADA! Went against British ruling and both ended in failure
This caused most of the ring-leaders of both Canadas to be hung
Lord Durham proposed assimilation of the french and to join the two provinces.
1840: Both provinces are now united
The BNA Act was the base document for the Canadian constitution, which is not a single document but rather a set of documents known as Constitution Acts and just as importantly a set of unwritten laws and conventions.
BNA divided lawmaking powers between a federal government and provincial governments, for each province capital
For a short time the Act suspended alot of civil rights including the right to be heard within a reasonable time. You could also be arrested off of just suspicion.
This showed us that we could not live in a society with no freedom and where our civil rights are gone.
Act was made to respond to Quebec terrorist activity
Quebec votes bill 101 into a law, therefore making french the main language of the province.
Charter of the French Language also known as Bill 101 is a law in the province of Quebec in Canada defining French, as the official language of Quebec and framing fundamental language rights.
Draco's Law (621 BC)
-claims that these were the first written Athenian laws
-Draconian laws were most noteworthy for their harshness
- Laws were written in blood rather than ink
-If you disobeyed one of the laws, death would be the punishment
-594 BC, Draco's code was repealed and new laws were published. Retaining only Draco's homicide statutes
Magna Carta (1215)
-This charter put the English king (John) under law like the others
-Attempt to impose the law’s limitations on a ruler
-It was an early version of what we call human rights
-Law which guarded against unjust power
Charlottetown Accord (1992)
-attempted to resolve long-standing disputes about the division of powers between federal and provincial jurisdiction
-forestry, mining, natural resources, and cultural policy would now become provincial
-federal government retained jurisdiction over national cultural bodies. EX. CBC
-Effect: Canadians voting against agreements endorsed by every first minister and most other political groups
Abolition of death penalty (1976)
-Been trying to abolish death penalty since 1961
-1966: First serious discussion about abolition
(Rejected)
1967: Under Lester B. Pearson, government temporarily suspended the death penalty for murder
-Before suspension ended, Pierre Trudeau introduced Bill C-84 proposing the abolition of the death penalty
-Became law on July 26, 1976
Bill of rights 1689
no royal interference with the law.
Bill stated:
no taxation by Royal Prerogative
freedom to petition the monarch without fear of retribution
no royal interference in the election of members of Parliament
no standing army may be maintained during a time of peace without the consent of parliament
Women's Suffrage 1918
Women in Canada obtained the right to vote in 1918
- 2 years after women in Quebec had the right to vote at the provincial level
-Before 1918, many provinces were giving women the provincial right to vote
-Still weren't treated as equal as they wanted to be
Capital punishment 1759
-1,481 people were sentenced to death before penalty was gone
-Hanging was the only method used for capital punishment
-Sentenced to death only if guilty of murder
- Many attempts to abolish it. successful in 1976
Statute of Westminster (1931)
main importance was to show that Canada was an independent country for the purposes of international affairs
Canada has full legal freedoms
Its acts are no longer subservient to British law
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