Canadian & World Studies · Grade 11 · Foundations of Canadian Law · Term 2

Sources of Law: Statute, Common, Constitutional

Distinguishing between Statute Law, Common Law, and Constitutional Law as primary sources of Canadian law.

• Ontario Curriculum Expectations
• ON: Understanding Canadian Law - Grade 11
• ON: Legal Foundations - Grade 11

About This Topic

Canadian law draws from three primary sources: statute law, common law, and constitutional law. Statute law, created by legislative bodies like Parliament and provincial legislatures, forms the bulk of our written laws, covering areas from criminal offenses to environmental regulations. Common law, also known as case law, originates from judicial decisions made in courts over centuries. This judge-made law relies on the principle of precedent, or stare decisis, where courts follow rulings from higher courts in similar cases, ensuring consistency and predictability.

Constitutional law, the supreme law of Canada, establishes the framework for government powers and fundamental rights, including the Canadian Charter of Rights and Freedoms. It dictates how statutes are made and interpreted, and can override conflicting legislation. Understanding the interplay between these sources is crucial for grasping how legal principles are developed, applied, and challenged within the Canadian legal system. Quebec's unique civil law tradition, based on codified statutes, presents a fascinating contrast to the common law system prevalent elsewhere in Canada.

Active learning is particularly beneficial for this topic because it allows students to engage directly with legal concepts. Through simulations and case study analyses, students can move beyond rote memorization to actively apply legal principles, fostering a deeper understanding of the dynamic nature of law.

Key Questions

1. Explain how the principle of 'stare decisis' provides stability in common law.
2. Analyze why Quebec uses a Civil Code while other provinces use Common Law.
3. Differentiate between the roles of statutes and constitutional provisions.

Watch Out for These Misconceptions

Common Misconception

All laws are made by elected officials in Parliament.

What to Teach Instead

This misconception overlooks the significant role of judges in shaping law through common law precedents. Active learning, like analyzing court decisions, helps students see how judicial interpretation creates binding law.

Common Misconception

Constitutional law only applies to the federal government.

What to Teach Instead

Students may not realize that constitutional law, including the Charter, applies to both federal and provincial governments. Exploring Charter challenges to provincial laws in class discussions can clarify this.

Active Learning Ideas

Legal Source Sorting Activity

Provide students with a list of legal scenarios or specific laws. In small groups, they must categorize each item as primarily statute law, common law, or constitutional law, justifying their choices based on the source and nature of the law.

45 min·Small Groups

Mock Parliamentary Debate: Statute Creation

Assign students roles as members of Parliament to debate and draft a simple statute on a contemporary issue. This activity helps them understand the legislative process and the role of statute law.

60 min·Whole Class

Stare Decisis Case Analysis

Present students with a landmark common law case and subsequent cases that applied or distinguished its precedent. Students analyze how stare decisis influenced the judicial reasoning and outcomes.

50 min·Pairs

Frequently Asked Questions

What is the difference between statute law and common law?

Statute law is written law created by legislative bodies, such as Parliament or provincial legislatures. Common law, on the other hand, is judge-made law derived from judicial decisions and precedents established in courts over time. While statutes are enacted, common law evolves through court interpretations.

Why is stare decisis important in common law?

Stare decisis, meaning 'to stand by things decided,' is the principle that courts should follow precedents set by higher courts in similar cases. This doctrine provides stability, consistency, and predictability in the legal system, ensuring that similar cases are treated similarly and fostering public confidence in the judiciary.

How does constitutional law differ from other sources of law?

Constitutional law is the supreme law of the land. It establishes the structure of government, divides powers between federal and provincial levels, and protects fundamental rights and freedoms through documents like the Charter of Rights and Freedoms. Any law that conflicts with the Constitution is invalid.

How can active learning improve student understanding of legal sources?

Engaging students in activities like mock debates or case study analyses allows them to actively apply legal principles. This hands-on approach moves beyond theoretical knowledge, helping students to discern the origins of laws and understand how statutes, common law, and constitutional provisions interact in real-world legal scenarios.