Canadian Government Structure and Legal Processes

Posted on Mar 3, 2025 in Law & Jurisprudence

Branches of Government in Canada

  • Legislative – Makes laws
    • Federal: Parliament (elected)
    • Provincial: Legislative Assemblies (elected)
    • Source of Law: Statutes
  • Executive – Administers laws
    • Federal: Prime Minister, Cabinet Ministers, civil servants
    • Provincial: Premier, Cabinet Ministers, civil servants
    • Administrative Tribunals: Specialized decision-makers
  • Judicial – Interprets & applies laws
    • Judges are appointed federally & provincially
    • Source of Law: Case Law (precedents)

How Judges Are Appointed in Canada

  • Provincial Court Judges: Appointed by the provincial government
  • Superior Court Judges (Court of King’s Bench, Court of Appeal, Supreme Court): Appointed by the federal government

Stare Decisis (Doctrine of Precedent)

  • Latin for “to stand by things decided”
  • Requires lower courts to follow higher court rulings in similar cases
  • Ensures consistency and predictability in legal decisions

Ultra Vires (Beyond the Powers)

  • A law is “ultra vires” if a government body exceeds its constitutional authority
  • Judges can declare laws invalid if they go beyond legal jurisdiction

Law of Damages (Types of Remedies)

  1. Compensatory Damages:
    • Special Damages: Specific, quantifiable losses (e.g., medical bills)
    • General Damages: Pain, suffering, loss of enjoyment of life
    • Non-Pecuniary: Difficult to calculate (e.g., emotional distress)
  2. Punitive Damages: Designed to punish the defendant for outrageous conduct
  3. Aggravated Damages: Compensation for humiliation, distress, or dignity loss
  4. Nominal Damages: Small amount awarded when a legal right is violated
  5. Injunctions: Court orders to stop or compel an action

Steps in the Trial Process

  1. Pre-Litigation: Consult lawyer, gather evidence, attempt settlement
  2. Pleadings: Statement of Claim (Plaintiff notifies Defendant), Statement of Defence
  3. Discovery: Both parties exchange documents & evidence
  4. Trial: Opening Statements, Witness Testimony, Closing Arguments
  5. Judgment: Judge or jury delivers a verdict
  6. Appeals (if applicable): Appeal to a higher court

Jurisdiction of Courts in Alberta

  1. Court of Justice (Provincial Court): Criminal, Family, Small Claims (up to $100,000)
  2. Court of King’s Bench: Serious civil & criminal cases, divorce, appeals from lower courts
  3. Court of Appeal of Alberta: Reviews lower court decisions for legal errors
  4. Supreme Court of Canada: Final appeal court

Alternative Dispute Resolution (ADR)

  1. Negotiation: Parties settle without a third party
  2. Mediation: Neutral third party assists, but does NOT decide
  3. Arbitration: Third party makes a binding decision
  4. Litigation: Formal court process (last resort)

Intentional Torts

  • Assault: Threat of physical harm
  • Battery: Unwanted physical contact
  • Defamation: False statements harming reputation (Libel = Written, Slander = Spoken)
  • False Imprisonment: Unlawful confinement
  • Trespass to Land: Unauthorized entry onto property
  • Nuisance: Interfering with someone’s enjoyment of property
  • Passing Off: Selling goods as if they are someone else’s

Elements of Negligence (Proving Negligence)

  1. Duty of Care: Did the defendant owe a duty to the plaintiff?
  2. Breach of Duty: Did the defendant fail to act as a reasonable person would?
  3. Causation: “But for” test: But for the defendant’s actions, would harm have occurred?
  4. Damages: Plaintiff must suffer actual harm (economic loss, injury, property damage)