Difference between revisions of "Learning about the Law Wikibook"

From Clicklaw Wikibooks
(Created page with "In this booklet you will learn about: *Canada’s laws *Canada’s constitution *your rights and responsibilities *the Rule of Law *who makes the laws *levels of government *...")
 
(→‎Contents)
 
(85 intermediate revisions by 4 users not shown)
Line 1: Line 1:
−
In this booklet you will learn about:
+
{{Cover Thumbnail
 +
|filename = Learning_about_the_Law_cover_image.jpg
 +
|title = ''Learning about the Law Wikibook''}}{{Clicklaw Wikibooks Badge}}
 +
{{fmbox
 +
| type      =
 +
| small      =
 +
| image      = [[File:LearnTeachBadge.png|40px|link=|alt=]]
 +
| style = width:260px;clear: right;float: right;
 +
| smallimage =
 +
| textstyle  =
 +
| text      = This Wikibook is used in ''[[Law-Related Lessons]]'' from People's Law School.
 +
}}{{Export_Badge
 +
|SavedBookName = Learning_about_the_Law
 +
}}
 +
The '''''Learning about the Law Wikibook''''' from [[People's Law School]] will help you understand the law in Canada. It focuses on your legal rights and responsibilities under Canadian law.
 +
== Contents ==
  
−
*Canada’s laws
+
*'''[[Fundamentals of Canadian Law]]'''
−
*Canada’s constitution
+
**[[Fundamentals of Canadian Law#Canada's laws|Canada's laws]]{{·}} [[Fundamentals of Canadian Law#Rights and freedoms|Rights and freedoms]]{{·}} [[Fundamentals of Canadian Law#Your responsibilities |Your responsibilities]]{{·}} [[Fundamentals of Canadian Law#The rule of law|The rule of law]]{{·}} [[Fundamentals of Canadian Law#Who makes the laws?|Who makes the laws?]]{{·}} [[Fundamentals of Canadian Law#Levels of government|Levels of government]]
−
*your rights and responsibilities
+
*'''[[Criminal and Civil Law and the Role of the Courts|Criminal and Civil Law]]'''
−
*the Rule of Law
+
**[[Criminal and Civil Law and the Role of the Courts#Two kinds of law: Criminal law and civil law|Two kinds of law: Criminal law and civil law]]{{·}} [[Criminal and Civil Law and the Role of the Courts#The courts apply the laws|The courts apply the laws]]{{·}} [[Criminal and Civil Law and the Role of the Courts#Courts in British Columbia|Courts in British Columbia]]{{·}} [[Criminal and Civil Law and the Role of the Courts#Federal Courts|Federal Courts]]{{·}} [[Criminal and Civil Law and the Role of the Courts#Tribunals|Tribunals]]
−
*who makes the laws
+
*'''[[Learning about Family Law|Family Law]]'''
−
*levels of government
+
**[[Learning about Family Law#Rights and responsibilities|Rights and responsibilities]]{{·}} [[Learning about Family Law#Care and decisions for children|Care and decisions for children]]{{·}} [[Learning about Family Law#Child support|Child support]]{{·}} [[Learning about Family Law#Spousal support and property|Spousal support and property]]{{·}} [[Learning about Family Law#Moving with a child|Moving with a child]]{{·}} [[Learning about Family Law#Parents can get help|Help for parents]]{{·}} [[Learning about Family Law#Protection from violence in the family|Protection from violence]]{{·}} [[Learning about Family Law#Separation and sponsorship|Separation and sponsorship]]{{·}} [[Learning about Family Law#Going to court|Going to court]]{{·}} [[Learning about Family Law#When children need protection|Child protection]]
−
*Canada’s Queen
+
*'''[[Young People and the Law]]
 +
**[[Young People and the Law#Legal rights and responsibilities of young people|Rights and responsibilities]]{{·}}[[Young People and the Law#Going to school|Going to school]]{{·}} [[Young People and the Law#Working|Working]]{{·}} [[Young People and the Law#Getting married | Getting married]]{{·}} [[Young People and the Law#Young people and criminal law | Young people & criminal law]]{{·}} [[Young People and the Law#Rules about driving |Rules about driving]]{{·}} [[Young People and the Law#Help for children | Help for children]]
 +
*'''[[Older People and Elder Law]]
 +
**[[Older People and Elder Law#Retirement and government benefits|Retirement and benefits]]{{·}} [[Older People and Elder Law#Power of attorney|Power of attorney]]{{·}} [[Older People and Elder Law#Joint bank accounts|Joint bank accounts]]{{·}} [[Older People and Elder Law#Representation agreements | Representation agreements]]{{·}} [[Older People and Elder Law#Advance directives |Advance directives]]{{·}} [[Older People and Elder Law#Protecting yourself and your money |Protecting you & your money]]{{·}} [[Older People and Elder Law#Wills and estates|Wills & estates]]{{·}} [[Older People and Elder Law#Elder abuse |Elder abuse]]
 +
*'''[[Working in BC]]'''
 +
**[[Working in BC#BC employment standards|BC employment standards]]{{·}} [[Working in BC#Losing your job|Losing your job]] {{·}}[[Working in BC#Quitting your job|Quitting your job]] {{·}}[[Working in BC#Leave|Leave]]{{·}} [[Working in BC#Belonging to a union|Belonging to a union]]{{·}} [[Working in BC#Getting hurt on the job|Getting hurt on the job]]{{·}} [[Working in BC#Employment Insurance (EI)|Employment Insurance (EI)]]{{·}} [[Working in BC#Discrimination in employment|Discrimination in employment]]
 +
*'''[[Renting a Home]]'''
 +
**[[Renting a Home#Landlords and tenants|Landlords and tenants]]{{·}} [[Renting a Home#Rent and security deposit|Rent and security deposit]]{{·}} [[Renting a Home#Repairs|Repairs]]{{·}} [[Renting a Home#Resolving disputes|Resolving disputes]]{{·}} [[Renting a Home#Eviction information|Eviction]]{{·}} [[Renting a Home#Moving out|Moving out]]{{·}} [[Renting a Home#Discrimination in renting|Discrimination in renting]]{{·}} [[Renting a Home#Buying a home|Buying a home]]
 +
*'''[[Find Out More in Learning about the Law|Find Out More]]'''
 +
**[[Find Out More in Learning about the Law#Fundamentals of law and criminal and civil law|Fundamentals of law]]{{·}} [[Find Out More in Learning about the Law#Family law|Family law]]{{·}} [[Find Out More in Learning about the Law#Young people and the law|Young people and the law]]{{·}} [[Find Out More in Learning about the Law#Elder law|Elder law]]{{·}} [[Find Out More in Learning about the Law#Working in BC|Working in BC]]{{·}} [[Find Out More in Learning about the Law#Renting a home|Renting a home]]
 +
*'''[[What the Words Mean in Learning about the Law|What the Words Mean]]'''
 +
**[[What the Words Mean in Learning about the Law#Fundamentals of law and criminal and civil law|Fundamentals of law]]{{·}} [[What the Words Mean in Learning about the Law#Family law|Family law]]{{·}} [[What the Words Mean in Learning about the Law#Young people and the law|Young people and the law]]{{·}} [[What the Words Mean in Learning about the Law#Elder law|Elder law]]{{·}} [[What the Words Mean in Learning about the Law#Working in BC|Working in BC]]{{·}} [[What the Words Mean in Learning about the Law#Renting a home|Renting a home]]
  
 +
== About this Wikibook==
  
−
==== Canada’s laws ====
+
* [[About Learning about the Law Wikibook | About ''Learning about the Law Wikibook'']]
 +
* Learn more about [[Clicklaw Wikibooks]] or visit other wikibooks from [[People's Law School]]
  
−
Canada’s laws express the values and beliefs of Canadian society. They aim to protect individuals and provide stability for society as a whole. They also aim to make sure there is a peaceful way to settle disputes.
+
== About People's Law School==
 +
The [[People's Law School]] is a non-profit charitable society whose purpose is to provide British Columbians with reliable information about their rights and responsibilities under the law.
  
−
Many Canadians have come to Canada from other countries. Some of these countries have laws and legal systems that are different from Canada’s.
+
:[[File:Peopleslawschoollogo-horizontal.jpg|frameless|none|150px|link=]]
 +
:Suite 150 - 900 Howe Street
 +
:Vancouver, BC  V6Z 2M4
 +
:Telephone: 604-331-5400
 +
:Email: info@publiclegaled.bc.ca
 +
:Website: [http://www.publiclegaled.bc.ca www.publiclegaled.bc.ca]
  
−
When people come to Canada, they bring ideas about the law that they learned in their own countries. They may be surprised to find there are many differences here. It is important for newcomers to know that the laws are not the same, and to understand the differences.
+
{{Learning about the Law Wikibook Navbox}}
  
−
'''Where do Canadians get their ideas about the law?'''
+
{{Creative Commons for PLS
 +
|title = Learning about the Law Wikibook
 +
|author =
 +
}}
  
−
Canada’s legal system and political system first came from Britain. We also brought our ideas of personal rights and freedoms from Britain. In Quebec, parts of the legal system came from France.
+
[[Category:Learn & Teach Series]]
−
 
 
−
 
 
−
==== Canada‘s Constitution ====
 
−
 
 
−
The Canadian constitution is the set of rules that define the powers of the government and the rights of the people. It says how we want to govern ourselves and structure our society. The constitution includes the Charter of Rights and Freedoms (often called the “Charter”). The Charter lists Canadians’ most important rights and freedoms.
 
−
 
 
−
The constitution, which  includes  the  Charter, is the highest law in Canada. This means that governments must respect it whenever they pass a law, make a policy, or have day-to-day dealings with us.
 
−
 
 
−
 
 
−
'''Rights and freedoms'''
 
−
 
 
−
A person’s rights and freedoms are very important to Canadians. All Canadians have some important freedoms. In Canada, you can:
 
−
 
 
−
*speak freely
 
−
*believe in any religion or no religion
 
−
*meet  with  or  join  any  group,  except  a terrorist organization
 
−
*live and work anywhere in Canada
 
−
*participate in peaceful political activities
 
−
 
 
−
 
 
−
'''Legal rights'''
 
−
 
 
−
Everyone in Canada has legal '''rights'''. Some of your important legal rights are:
 
−
 
 
−
*the right to be thought of as '''innocent''' until proven '''guilty'''
 
−
*the right to have a fair '''trial''' in court
 
−
*the  right  not  to  suffer  cruel  or  unusual '''punishment'''
 
−
 
 
−
 
 
−
====All Canadians are equal====
 
−
 
 
−
'''Equality''' is one of the most important values in Canada.Everyone in Canada is equal under the law. Laws in Canada apply to all people, including the police, judges, and those who work for the government.
 
−
 
 
−
People in Canada do not get better jobs because of the amount of money they have, their social class or gender. For example, in Canada, women can have the same jobs as men and all the same responsibilities.
 
−
 
 
−
 
 
−
====Your rights====
 
−
 
 
−
There are many Canadian laws that protect your rights. Laws about human rights are one example.
 
−
 
 
−
Canada’s human rights laws protect you against unfair '''discrimination''' when you:
 
−
*use public services,
 
−
*buy or rent a home,
 
−
*look for a job, or
 
−
*deal with any government agency.
 
−
 
 
−
Discrimination is against the law in Canada. To discriminate against someone  means  to  treat him or her differently from other people in a way that is unfair. The law says that no one can discriminate against you because of your:
 
−
 
 
−
*gender,
 
−
*age,
 
−
*race or birthplace,
 
−
*your religion,
 
−
*sexual  orientation  (gay,  lesbian,  bisexual, transsexual or straight),
 
−
*your  marriage  or  family  status  (single, married, or living common-law), or
 
−
*mental or physical disability.
 
−
 
 
−
'''For example''': It is against the law to discriminate against women. Women in Canada are equal to men. They are equal partners in the family, in business, in law, and in government.
 
−
 
 
−
Racial discrimination is  illegal  in  Canada.  It is against the law for anyone to discriminate against you because of the colour of your skin, or the country you or your ancestors came from.
 
−
 
 
−
 
 
−
====Your responsibilities====
 
−
 
 
−
In the same way that the law protects you from discrimination, the law says you have a '''responsibility''' to respect other people’s rights. For example, your right to freedom of religion means you must respect the beliefs of others.
 
−
 
 
−
You must respect the rights of other people even if you don’t like or don’t approve of those rights.
 
−
 
 
−
<blockquote> '''For example''': Irena doesn’t approve of gay couples. Her culture and religion doesn’t accept them. However, in Canada, she cannot discriminate against them.</blockquote>
 
−
 
 
−
You also have responsibilities to the community as a whole. Because you can make use of social services in Canada, you must pay your share of the taxes that finance those services.
 
−
 
 
−
Canadian laws aim to balance rights and responsibilities.
 
−
 
 
−
<blockquote>'''For example''': When you  rent  a  place to live, you have the right to the quiet enjoyment of your home. Your neighbours also have this right. This means you have a responsibility not to make noise that disturbs your neighbors. And your neighbors have a responsibility not to make noise that disturbs you.</blockquote>
 
−
 
 
−
 
 
−
====The Rule of Law====
 
−
 
 
−
The Rule of Law means that we recognize and accept that we need laws to '''regulate''' society. We must find a way to live together peacefully. Laws exist to help us do this.
 
−
 
 
−
The Rule of Law is a fundamental principle of Canadian democracy. The Charter states that the Rule of Law is one of the principles upon which Canada was founded.
 
−
 
 
−
The Rule of Law means that the law applies equally to everyone. No one is above the law. Our '''politicians''', police officers, and wealthy individuals must all obey the law.
 
−
 
 
−
Under the Rule of Law, Canadians have a responsibility to respect the laws even if they disagree with them. This means you must obey a law even if you don’t like it.
 
−
 
 
−
 
 
−
====Who makes the laws?====
 
−
 
 
−
Canadians vote for people to represent us in government. The people who get the most votes become our elected representatives. It is their job to make the laws.
 
−
 
 
−
When Canadians vote, we give consent to the party that wins the '''election''' to make our laws.
 
−
 
−
The elected politicians can propose new laws or bills. A "bill" is what a law is called before it becomes a law. These bills are debated in order to decide whether or not they should become laws. The goal of the debate is to explore all possible effects of a bill, both good and bad. After the debate there is a vote. If the majority of our elected representatives vote for the bill, it can become a law.
 
−
 
 
−
 
 
−
'''Changing the Laws'''
 
−
 
 
−
If you want a law to change, you can work with other Canadians to seek change through peaceful means. Canadians write letters, organize political protests, work with  political  parties, or join groups of people who have the same ideas as they do. Working in this way, groups may succeed in persuading  the  government to change a law. Changing a law takes a lot of time and work but Canadians believe that slow, peaceful change is best.
 
−
 
 
−
 
 
−
'''Voting'''
 
−
 
 
−
To vote in any election you must:
 
−
*be a Canadian citizen,
 
−
*be at least 18 years old on election day, and
 
−
*be on the voters’ list.
 
−
 
 
−
To vote in a BC election, you must have lived in the province for the six months before voting day. To find out how to get on the voters list for a federal election, go to Elections Canada, online at [http://www.elections.ca www.elections.ca].
 
−
 
 
−
 
 
−
====Levels of government====
 
−
 
 
−
In Canada, there are three levels of government: '''federal''', '''provincial''', and '''municipal'''. The Canadian constitution describes what the federal government is responsible for, and what the provincial governments are responsible for. The provincial governments can give some of their responsibilities to the municipalities.
 
−
 
 
−
We have a federal government for the whole country. It is called the Government of Canada. The elected representatives of the federal government are Members of Parliament, often called MPs. They meet in Ottawa.
 
−
 
 
−
The leader of the federal government is called the Prime Minister.
 
−
 
 
−
The Parliament in Ottawa has two sections: the House of Commons and the Senate. The House of Commons is where Members of Parliament debate and vote in order to make laws. The purpose of the Senate is to review proposed laws to make sure they are the best they can be.
 
−
 
 
−
British  Columbia,  like  other  provinces,  has a provincial government. In BC the elected '''representatives''' of the provincial government are Members of the '''Legislative Assembly''', often called MLAs. They meet at the legislature in Victoria. The leader of the provincial government is called the Premier.
 
−
 
 
−
We also have local government in our cities and towns. The elected representatives are called councillors. They meet at City Hall or Town Hall. The leader of the municipal government is called the Mayor.
 
−
 
 
−
 
 
−
'''Each level of government has different responsibilities'''
 
−
 
 
−
The federal government has the power to make laws that affect the whole country. Examples are citizenship and immigration laws and criminal laws.
 
−
 
−
Provincial governments, such as  the  Province of British Columbia have the power to make laws that apply only in that province. Examples are landlord and tenant laws, and laws about employment.
 
−
 
 
−
Municipalities, cities and towns have the power to make local laws about such things as streets, parking, and noise. The laws for municipalities, cities and towns are called '''bylaws'''.
 
−
 
 
−
 
 
−
====Canada has a Queen====
 
−
 
 
−
Queen Elizabeth II, who lives in Britain, is the Queen of Canada. The elected representatives have the political power in Canada. The Queen’s role is symbolic.
 
−
 
 
−
Canadians often say “The Queen” to  mean the elected government of Canada and all of its laws. This is because the Queen and her representative in Canada, the Governor-General, are the symbolic head of Canada.
 
−
 
 
−
All new Canadians promise to be loyal to the Queen and her laws.
 

Latest revision as of 00:23, 2 June 2019

Cover of Learning about the Law Wikibook
Cover of Learning about the Law Wikibook
This is a Clicklaw Wikibook, a collaborative, plain language legal publication that is updated as a wiki and can be printed or downloaded.
This Wikibook is used in Law-Related Lessons from People's Law School.
Download the full Wikibook in PDF.
Download the full Wikibook in EPUB (learn more).
Buy this Wikibook and get it by mail.
Customize: take what you need, leave the rest (learn more).

The Learning about the Law Wikibook from People's Law School will help you understand the law in Canada. It focuses on your legal rights and responsibilities under Canadian law.

Contents

About this Wikibook

About People's Law School

The People's Law School is a non-profit charitable society whose purpose is to provide British Columbians with reliable information about their rights and responsibilities under the law.

Peopleslawschoollogo-horizontal.jpg
Suite 150 - 900 Howe Street
Vancouver, BC V6Z 2M4
Telephone: 604-331-5400
Email: info@publiclegaled.bc.ca
Website: www.publiclegaled.bc.ca
v • d • e
Fundamentals of Canadian Law
Criminal and Civil Law
Family Law
Young People
Elder Law
Working in BC
Renting a Home
Resources
About


Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Learning about the Law Wikibook © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.
Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=Learning_about_the_Law_Wikibook&oldid=43068"
Personal tools
Namespaces

Variants
Actions
Site
Tools
Contributors
Print/export