What Are The Factors That Have Helped The Canadian Legal System

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The Canadian legal system, although flawed, can often address the needs of society. The legal system takes into account many things when coming to conclusions. The history of law, human rights, criminal law, and civil law are all critical factors that have helped the Canadian legal system become what it is today. Although these factors have changed drastically over time, which has allowed the Legal system to keep up with modern times. These four main factors are what help the Canadian Legal system best address the needs of society.

The History of law has helped form Canadian law today. Considering this we still have kept many of the concepts of law that were established long before. However, we have moved away from some former practices. The …show more content…

The Canadian Charter of Rights and Freedoms has made a huge impact on establishing Human Rights. The Canadian Charter of Rights and Freedoms guarantees and protects a number of rights and freedoms with reasonable limits prescribed by law. The Charter guarantees the right to equality, democracy, and mobility. The freedoms include freedom of conscience, religion, and peaceful assembly. The Charter is a powerful force for protection, and fairness with the power to influence our society by interpreting laws and policies. A case that involved a violation of the Human rights code was the Sue Rodriguez case. She was an activist for the right to euthanasia. She protested that the denial of medically assisted suicide violated sections 7,12, and 15 of the Charter of Rights and freedoms. The denial violated her right to life, the right not to be subjected to any cruel and unusual treatment or punishment, and the right to be treated with the same respect, dignity, and consideration as any other human being despite her disability. The supreme court dismissed her case, and while doing this they overstepped the bounds of their position. The Charter is in place to ensure that the government doesn't take away or interfere with these rights and freedoms in an unjust way. It helps regulate the power of the government over citizens. In this case, the government violated the charter. The …show more content…

Typical Civil Law cases or lawsuits fall under Tort Law, Family Law, Contract Law, Labour Law, and Property Law. The main purpose of Civil Law is to compensate for harm. It is usually in the form of damages and the money awarded to a plaintiff for harm, loss, or injury. In many cases, the legal system may choose to bring in alternate dispute resolutions that can help solve civil disputes without having a formal trial. One thing the Canadian legal system can bring in is mediation to help resolve the situation. Mediation is typically a neutral third party that is brought in to help the parties resolve their dispute. The goal of mediation is to clear up misunderstandings, determine concerns, find areas of agreement, and incorporate those areas into solutions. Although a mediator has no decision-making power, they can often help cases resolve more peacefully. The legal system often does this because it helps find solutions faster without there being a lot of tension between the Canadian legal system and society. Overall this allows for a better relationship and allows for the legal system to address the needs of society in a just

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