Management and Organizational Studies 2275A/B Lecture Notes - Lecture 2: Criminal Law Of Canada, Arbitration, Class Action

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In ontario the substantive law --> common law jurisdiction. All private law is codified in a single statue. Came from napoleonic code which came from roman law. Therefore as far as private law is concerned there is no common law. Quebec can do this because of the separation of powers. Substantive law is what you get and procedural is how you get it. In ontario most of our civil law is based on common law and precedence. 1867 = when the british north america act (bna) law was passed in england. Sets up the way that canada will be managed (as a colony of the uk) In quebec judges decisions don"t have to be consistent since they don"t use common law only the civil code. Section 91: federal (list of all the areas in which the federal government has the power to make laws --> in relation to criminal law, shipping and navigation, fisheries, trade and commerce, banking)