Foundations of Canadian Law · Term 2

Evolution of Rights: Magna Carta to Charter

Tracing the development of rights from historical documents like the Magna Carta to the Canadian Charter of Rights and Freedoms.

About This Topic

Understanding the sources of law is fundamental to navigating the Canadian legal system. In the Ontario curriculum, students distinguish between three primary sources: Statute Law (laws passed by Parliament or provincial legislatures), Common Law (laws based on previous court decisions, or 'precedent'), and Constitutional Law (the supreme law of the land). They explore how these sources interact and which ones take priority in a conflict.

This unit also highlights Canada's unique 'bijural' system: while most of the country uses Common Law, Quebec maintains a Civil Code for private matters, reflecting its French heritage. Students investigate the principle of 'stare decisis' (to stand by things decided) and how it provides stability while still allowing the law to evolve. This topic is best explored through collaborative investigations into real court cases, where students must identify which source of law is being applied and why.

Active Learning Ideas

Inquiry Circle: Precedent Detective

Groups are given a 'new' legal case and a set of 'past' decisions (precedents). They must determine which past case is most similar and use the principle of 'stare decisis' to predict the outcome of the new case.

⏱ 45 min·Small Groups

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Think-Pair-Share: Common Law vs. Civil Code

Pairs compare a short excerpt from the Quebec Civil Code with a Common Law precedent on the same topic (e.g., a contract dispute). They discuss the pros and cons of having 'written rules' versus 'judge-made law.'

⏱ 30 min·Pairs

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Stations Rotation: The Hierarchy of Laws

Stations feature different types of laws (a municipal by-law, a provincial statute, the Charter). Students must rank them in order of 'authority' and explain what happens if a lower law contradicts a higher one.

⏱ 40 min·Small Groups

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Watch Out for These Misconceptions

Common Misconception

Judges just 'make up' the law as they go along in Common Law.

What to Teach Instead

Judges are strictly bound by 'precedent' and the 'Rule of Law.' A 'Mock Trial' activity can help students see that judges must justify their decisions based on existing legal principles and statutes.

Common Misconception

Statute law is the only 'real' law because it's written down by politicians.

What to Teach Instead

Common Law is equally 'real' and covers many areas (like torts) that aren't fully addressed by statutes. A 'Case Study' on negligence can show students how Common Law fills the gaps left by legislation.

Frequently Asked Questions

Why is it important for Ontario students to know the sources of law?

It allows them to understand where their rights and responsibilities come from. It also helps them see the law as a dynamic system that can be changed through both political action (statutes) and court challenges (common law).

How can active learning help students understand 'stare decisis'?

By acting as 'judges' in a simulation, students experience the pressure of following precedent. They realize that consistency is key to a fair legal system, but they also see the challenge of applying old rules to new situations.

What is the difference between Public Law and Private Law?

Public Law (like Criminal or Constitutional Law) deals with the relationship between the individual and the state. Private Law (like Torts or Family Law) deals with disputes between individuals. Both draw from different sources.

How does the Constitution act as the 'Supreme Law'?

Under Section 52 of the Constitution Act, 1982, any law that is inconsistent with the Constitution is 'of no force or effect.' This gives the courts the power to strike down laws that violate the Charter.

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