Types of Law | The Canadian Encyclopedia

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  • Article

    Communications Law

    Communications LawCanadian communications law includes judicial decisions and statutes governing communications firms; however, the most important element of Canadian communications law comes from the decisions of the federal regulator, the CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION (CRTC), which regulates radio, television, broadcast distribution undertakings (cable, satellite and IPTV television services) and most telecommunication services, wireless services and Internet service providers (ISPs). Not all communications are subject to regulatory oversight in Canada. Newspapers are not subject to...

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    Compact Theory of Confederation

    Compact Theory of Confederation, see CONSTITUTIONAL HISTORY.

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  • Article

    Patriation Reference

    The Patriation Reference, formally known as Re: Resolution to Amend the Constitution, was a reference case of the Supreme Court of Canada. On 28 September 1981, the court decided that it was legal for the federal government to patriate and amend Canada’s Constitution without the consent of the provincial governments. But it also found that to do so in areas that affect provincial powers would be a breach of constitutional convention. The court’s decision concluded that such conventions are of great significance. In the words of the court, “Constitutional convention plus constitutional law equal the total constitution of the country.”

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    Constitutional History of Canada

    The Constitution of Canada is the country’s governing legal framework. It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one legal document. It is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions. The Constitution has been in constant evolution from colonial times to the present day. The story of the Constitution is the story of Canada itself. It reflects the shifting legal, social and political pressures facing Canadians, as well as their choices as a society.

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    Constitutional Law

    Constitutional law is a branch of public law, the body of rules regulating the functioning of the state. At its heart is the Constitution—the supreme law of Canada—which comprises written, statutory rules, plus rules of the common law (a living body of law that evolves over time through decisions of the courts), and also conventions derived from British constitutional history. The conventions themselves are recognized by the courts but are not, strictly speaking, part of constitutional law.

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    Consumer Law

    The branch of law concerned with the supply of goods and services in the most comprehensive sense for the personal use or consumption of individuals and their families is called consumer law.

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  • Article

    Contract Law in Canada

    A contract is a legally binding agreement between two or more persons for a particular purpose. It is an instrument for the economic exchange of goods and services. In Canada, contract law is administered both in common law and, in Quebec, civil law.

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    Copyright Law

    Copyright law is included in what is commonly known as the law of intellectual and industrial property. This branch of law also includes PATENTS, TRADEMARKS and the law of industrial designs.

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    Corporation Law

    A corporation is an artificial entity created by or under the laws of a state. Corporation law (also referred to as company law) is the body of law that governs the formation, governance and dissolution of corporations. The corporation is the dominant form of business organization in Canada.

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  • Article

    Coutume de Paris

    Coutume de Paris, the customary law of the Prévoté et Vicomté de Paris (written 1510; revised 1580), was a code of law first introduced to what is now Canada by the COMPAGNIE DES CENT-ASSOCIÉS in 1627.

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  • Article

    Crime

    Crime in modern societies can be defined officially as acts or omissions prohibited by law and punishable by sanctions. Although crime is sometimes viewed broadly as the equivalent of antisocial, immoral and sinful behaviour or as a violation of any important group standard, no act is legally a crime unless prohibited by law. Conceptions of crime vary widely from culture to culture; only treason (disloyalty to the group) and incest are condemned virtually universally, but they were not always treated as crimes.

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    Criminal Capacity

    Two main groups of people lack capacity for criminal responsibility - the very young and the mentally disordered.

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    Criminal Investigation

    Criminal investigation involves the investigation of violations of CRIMINAL LAW.

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  • Article

    Criminal Law

    Criminal law, in its widest sense, includes substantive criminal law, the operation of penal institutions, criminal procedure and evidence, and police investigations (see Criminal Investigation). More precisely, the term refers to substantive criminal law - a body of law that prohibits certain kinds of conduct and imposes sanctions for unlawful behaviour.

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    Criminal Procedure

    Criminal procedure is an integral but distinct part of CRIMINAL LAW in Canada.

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