Question

identify the source of Canadian law and distinguish their components

Answer 1

The law in Canada is made of two parts: Case law and Legislation. Both are primary sources for Canadian law.

In legal proceedings and tribunals, case law is made up of the official opinions of judges. Case law emerges from all layers of Canada's judiciary. Judges to obey the principle of stare decisis of common law of Canada, which allows judges to obey prior decisions (i.e. precedents) of other higher courts throughout their jurisdiction or territories and of the Supreme Court of Canada in the same matter. Decisions at the same court level or in other provinces or jurisdictions can assist judges to make a decision. These rulings constitute the body of case law. Leading cases are such rulings which in subsequent cases have been quoted and practised. Unless differentiated, the Supreme Court judgments in Canada are binding on all other Canadian courts. The use of stare decisis and precedent in Canadian law follows the idea that the rule should be applied uniformly in the courts of Canada.

The system of commom law is less prescriptive than the system of civil law. Therefore, a government may want to integrate the safety of its residents into particular laws pertaining to the infrastructure programme under consideration. They may, for example, want to prohibit the utility provider from shutting off the supply of water or energy to poor payers, or they may request the submission of records relating to the transaction under the Freedom of Information Act. Judicial conditions can also occur to suggest fair bargaining clauses in a deal where one participant is in a far better negotiation role than the other.