LAWS 2908 Lecture Notes - Lecture 5: Civil Marriage Act, Primary And Secondary Legislation
18 Feb 2017
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Document Summary
Sources of law in common law system in canada : constitution supreme law of the land; any other legislature must conform to constitution, legislation (and delegated legislation) federal/provincial legislature, common law (judicial decisions) Historically common law definition of marriage (british tradition); open to change definition by passing new legislation; no need for constitutional revision. Ontario court of appeal decides that common law rule on marriage contravenes s. 15 of charter. 7 other courts of appeals in different provinces struck down the same common law rule. Gov"t decided to enact legislation called civil marriage act changed old common law definition. Courts can change common law when they feel it"s appropriate but gov"t can change laws without need to consult courts and change laws. Common law rules and legislation work together to cover broad area. Up to judges how overlap is resolved. Judges have created common law rule; are in charge of interpreting legislation.
