DEVELOPMENT OF CANADIAN LAW

Unit 1 Heritage

IntroductionFrance Great Britain (England)

Early History• Canadian laws are based on the laws of France and

England

• French law was codified and written down

• English law however was customary, based on custom or what had always been done in the past

• Upon arrival to N. America, Europeans found Aboriginal people to have their own systems of law- elected leaders, consensus decisions and the concept of equality

Early History of Law• Laws of ancient civilizations greatly influenced Canadian law

• Early societies- local customs and beliefs- unwritten

• As societies grew- in population and size, it became necessary to record them

• “Codes”- codification- arranging laws in a way that can be understood (written)

• The Code of Hammurabi (1750 BCE)- family, criminal, labour, property, etc…

Early History of Law• Mosaic Law (1240 BCE)- Laws given to Moses (Old

testament) for the Hebrew People (Ten Commandments)

• Both Codes illustrate the concept of retribution- for every crime there should be a deserved punishment

• Very Harsh- http://www.youtube.com/watch?v=h534FTPHQoY

• Both Codes also illustrate the concept of restitution- paying back the victim for the harm done by the offender

• Restitution is a very common form of punishment in Canada

Activity• *Code of Hammurabi analysis activity