NPO Law – Introduction (Part 1)

The Law in Canada is generally separated into two areas:
- Public law (between the Government and individuals); and
- Private Law (between individuals)

The law is derived from a variety of different sources, such as:
- Legislation,
- Common Law (previously decided court cases),
- The Constitution, and
- Contracts,

Legislation consists of various bills (not yet affirmed by Legislatures) and Acts (affirmed). A federal bill goes through 1st, 2nd, and 3rd readings in the House of Commons; this then goes through the same process in the Senate which if affirmed in both goes to the Governor General for royal assent. Provincial bills go through a similar process without the Senate, and with the Lieutenant Governor assenting.

The Constitution is a special piece of Legislation which is much more difficult to change – it requires permission from the Federal Legislature, the Senate, 2/3rds of the Provincial Legislatures which must consist of over 50% of the population of Canada. It provides the division of responsibilities between the Federal Government and the Provincial Government.

There is a hierarchy to court cases. The Supreme Court of Canada is at the top. For similar cases with similar facts – the Supreme Court of Canada has precedent over all other jurisdictions. In most matters, below them are the Appellate Courts of the Provinces, then Provincial Superior Courts, then Provincial Courts. Certain matters, such as Taxes, Military, or Immigration descend from the Supreme Court, then the Federal Court of Appeal, then the Federal Court.

Contracts are also enforceable at law. A contract must have intent to create a legal relationship, an offer, an acceptance, and valid consideration.