Unit+1

Objectives:
 * Know that law is a social construct of the society in which it is implemented.
 * Know that the Canadian legal system has evolved over time and has been influenced by several traditions
 * Know that the Charter of Rights and Freedoms and the Saskatchewan and Canadian Human Rights Codes provide criteria to assess legal rights
 * Know that sources of law include //The Constitution//, //The Charter of Rights and Freedoms//, Treaties, statutes and common law.
 * Differentiate between traditional and current worldviews of law.
 * Investigate rights and freedoms to which all Canadians are entitled.
 * Practise making decisions by analyzing data and applying criteria.
 * Identify functions of law in society
 * Use electronic databases to assist research activities.
 * Categorize the various legal jurisdictions of levels of government in Canada.
 * Understand that statutes evolve as the societal standard of norms and mores changes.
 * Appreciate the benefits of living by the rule of law.
 * Appreciate the need to protect individuals and groups from arbitrary actions.
 * Appreciate the need of the minority in society for protection from tyranny of the majority.
 * Respect the value of customary law and common law as sources of law in Canadian society.

Big Ideas:
 * Law is a cultural construct that evolves as society evolves.
 * The rule of law is necessary to ensure order, fairness and consistency in society
 * There are many sources of law, which are meant to protect the citizens of a country, but they are open for interpretation.
 * Equality does not mean being treated equally.
 * We must make decisions in our life and the law is a useful tool in guiding those decisions.

The basis for the Rule of Law is the belief that it is better to be ruled by laws than to be ruled by leaders who act the way they like. For example, if a king, queen or dictator rules us, it is simply a person exercising power without guidelines. If the law rules, leaders cannot use their power any way they like; they must apply the laws or guidelines to everyone, including themselves. The law should apply to everyone. No one should be exempt from the law because he or she holds a position of power. Each individual is equal before the law. If we have a system of law, everyone must respect and obey the law. We also need to have peaceful and orderly ways to change the law. There must be guidelines about how to change the law that can be understood and used by everyone. The idea of the Rule of Law is demonstrated in our political and legal system. Our political system allows us to control how our laws are made through a democratic, parliamentary process. This process gives us an organized way to change the law. At the same time, our leaders are representatives of the public who are elected and responsible to us. They cannot act arbitrarily, in any way they like, just because they have power. If they do, they can be defeated in the next election. If they break the law, they can be charged. In our legal system, police, lawyers, and judges are also accountable. They cannot charge or convict people of crimes just because it is their wish. In all of their work, they must follow the law. If they do not, their decisions or actions could be invalid. They could be disciplined, charged with a crime or lose their jobs.
 * The Rule of Law**

Definitions: Rule of Law: impose limits on the conduct of individuals in order to promote the greater good and to make our communities safe places to live.No one in Canada is above the law. Everyone, no matter how wealthy or how powerful they are, must obey the law or face the consequences.

Substantive & Procedural Law: How they work together: A substantive law establishes the rights and limitations of an individual (example: Charter of Rights and Freedoms), where as a procedural law details the actions that must be followed in order to establish the rights. (what needs to be done to endure people have their rights)

Habeas Corpus: a person being detained has the right to be be produced before a judge for a hearing to decide whether the detention is lawful.

Voir Dire:hearing within the course of a trial to determine whether evidence tendered by one side or the other is admissible. The law requires a //voir dire// hearing before a confession to a police officer or person in authority is admitted into evidence. If the statement is found inadmissible at the end of the //voir dire//, the trial continues but the statement is not admitted into evidence and it cannot be considered in deciding guilt or innocence