Browse "Types of Law"

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Article

Law of Fiduciary Obligation

In Canadian law, fiduciary obligation refers to a relationship in which one party (the fiduciary) is responsible for looking after the best interests of another party (the beneficiary). The courts have determined that a fiduciary obligation exists where the fiduciary can exercise some discretion or power, and they do so in a way that affects the interests of the beneficiary. In these relationships, the beneficiary is in a position of vulnerability at the hands of the fiduciary.
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Law of the Sea

Law of the Sea, for about 300 years, was to a large extent determined by principles of customary law. Coastal states claimed sovereignty over a narrow belt of territorial sea; on the rest of the seas (the "high seas"), the basic principle of freedom of the seas reigned.
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Law Reform

Law reform is the process of ensuring that law meets the needs of the society it is designed to serve. The process may involve updating by repealing old and obsolete enactments, consolidating or rationalizing an area of law, or even proposing entirely new concepts.
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London Conference (Plain-Language Summary)

The London Conference took place in London, England, from 4 December 1866 to March 1867. Politicians from British North America met with members of the British government. This was the last of three conferences that were held to work out the legal details of Confederation. The first two were the Charlottetown Conference and Quebec Conference. They were both held in 1864. The Quebec Resolutions were agreed upon in Quebec City. They were reviewed and updated in London. They formed the basis of the British North America Act (now the Constitution Act, 1867). It is the foundation of Canada’s Constitution. It was passed by the British Parliament. It received Queen Victoria’s Royal Assent on 29 March 1867. This article is a plain-language summary of the London Conference. If you would like to read about this topic in more depth, please see our full-length entry: London Conference.
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Malpractice

Malpractice is intentional or negligent failure by any professional, eg, doctor, lawyer, accountant, to meet the standards of reasonable competence in his field. These standards are set taking into account the circumstances in which the professional is acting.
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Marriage in Canada

Marriage remains one of the most important social institutions in Canada. It has undergone profound changes since the 1960s. The marriage rate is in decline and the traditional idea of a family is being transformed. After the turn of the millennium, the marriage rate fell to 4.7 marriages per 1,000 people (compared to 10.9 in the 1940s). Married couples are still the predominant family structure. But between 2001 and 2016, the number of common-law couples rose 51.4 per cent; more than five times the increase for married couples over the same period. The definition of what constitutes a married couple also changed in 2005 with the legalization of same-sex marriage. In 2016, 65.8 per cent of Canadian families were headed by married couples; down from 70.5 per cent in 2001. Marriage falls under federal jurisdiction, but the provinces regulate marriage ceremonies and grant marriage licences.
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Media and the Law

The media are the means by which we receive information we want and need. Over time, town criers and clay tablets have given way to printed text. Now, a wide variety of aural and visual information is conveyed to us in bits and bytes through a number of intermediaries.
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Medical Ethics

Medical ethics are concerned with moral questions raised by the practice of medicine and, more generally, by health care.
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Meech Lake Accord

In 1987, Prime Minister Brian Mulroney attempted to win Quebec’s consent to the revised Canadian Constitution. The result was the Meech Lake Accord. It was an agreement between the federal and provincial governments to amend (change) the Constitution. The Accord proposed strengthening provincial powers and declaring Quebec a “distinct society.” The Accord was never put into effect. Political support for it unravelled in 1990. Many Québécois saw the Accord’s failure in English Canada as a rejection of Quebec. Support for separatism soared in Quebec and led to the 1995 Quebec Referendum.
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Meech Lake Accord: Document

Meech Lake Accord: Document1987 Constitutional AccordComplete Text June 3, 1987 WHEREAS first ministers, assembled in Ottawa, have arrived at a unanimous accord on constitutional amendments that would bring about the full and active participation of Quebec in Canada's constitutional evolution, would recognize the principle of equality of all provinces, would provide new arrangements to foster greater harmony and cooperation between the Government of Canada and the governments of the provinces and would require that annual...
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Murder and Manslaughter

See HOMICIDE.
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Names

Personal names carry history, traditions, identity, spiritual meaning and hopes. The history of Canada includes both developments and controversy in naming. Naming has been an issue for many aboriginal communities. The use of European-origin names instead of traditional names is one example.
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Organized Crime in Canada

Organized crime is defined in the Criminal Code as a group of three or more people whose purpose is the commission of one or more serious offences that would “likely result in the direct or indirect receipt of a material benefit, including a financial benefit, by the group.” Organized crime centres on illegal means of making money, such as gambling; prostitution; pornography; drug trafficking; insurance and construction fraud; illegal bankruptcy; motor vehicle theft; computer crime; and counterfeiting, among many others. The structure, sophistication and widespread nature of organized crime first became evident in the 1960s and 1970s. Some criminal organizations are based on ethnicity, such as the Italian Mafia and Chinese triads. Others are founded within certain industries (e.g., construction) or activities (e.g., biker gangs).
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Parliamentary Democracy in Canada

Parliamentary democracy is a constitutional system of government. It derives from Britain’s Westminster system. It has also developed certain unique characteristics in Canada. Canada is a liberal democracy: a state in which the powers of the executive branch are constrained and individual rights and freedoms are protected. In addition to the Constitution — primarily the Constitution Act, 1867, the Constitution Act, 1982 and the Charter of Rights and Freedoms — parliamentary democracy in Canada relies on constitutional conventions, political parties, the electoral system and the right to vote.
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Peace, Order and Good Government

“Peace, order and good government” is a phrase that is used in section 91 of the British North America Act of 1867 (now called the Constitution Act, 1867). It offers a vague and broad definition of the Canadian Parliament’s lawmaking authority over provincial matters. Since Confederation, it has caused tensions between federal and provincial governments over the distribution of powers. The phrase has also taken on a value of its own with Canadians beyond its constitutional purpose. It has come to be seen as the Canadian counterpart to the American “life, liberty and the pursuit of happiness” and the French “liberty, equality, fraternity.”
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