3.1 - Classifying Law

Sources of Law

Section 2.2 outlined how statute law comes into existence.  The collection of statute laws is one of three key sources of law in Canada.  Another source of law is constitutional law; and it originates from the Canadian Constitution.  A number of key constitutional law issues have come from the Canadian Charter of Rights and Freedoms.  The third source of law in Canada is common law.  Common law includes the collection of legal decisions made by judges in previous cases.  The combination of these three sources of law in Canada is substantial, both in scope and content.

Why Classify Law?

This substantial collection of law is a complex web of information covering many aspects of life.  Classifying it into smaller categories makes is easier to understand and distinguish.  The following discussion represents just one manner in which laws may be classified for clarity.

Domestic vs International Laws

The first level in which to classify law, is to determine whether it is domestic or international  law.   Domestic law is the  category that includes the laws that apply to situations within the country of Canada.  All of the other classifications of law to be discussed in this section will fall into the domestic law category.  The second general category is international law.  International law is the body of law that governs the relationships between countries - such as the relationship between Canada and the United States.  Examples of legal issues in international law include:  diplomatic immunity, trade deals, the United Nations, and the International Criminal Court.

Procedural vs Substantive Laws

The second level in which to classify law, is to separate domestic law into the categories of procedural and substantive laws.  Procedural laws are those that establish the methods of enforcing the rights and obligations of substantive law.  These are the rules that are used to apply laws.  Police arrest procedures, trial procedures, etc. are examples of procedural law.  On the other hand, substantive laws are the ones that define the rights, responsibilities, and obligations of citizens and the government.  Substantive laws are essentially considered to be the ‘content’ of the law, arising from both statute law and common law.  The remainder of the types of laws to be discussed in this section are substantive laws.

Public Law

The third level into which law is to be classified, separates substantive law into public law and private law.  Public law is the area of law that concerns the relationship between individuals and the state.  Public law is further divided into three types.  The first is administrative law.  This category of law is concerned with the relationship between people and government boards, tribunals, and agencies.  The second category of public law is constitutional law, discussed earlier in this document.  Finally, criminal law is the final grouping within public law.  Criminal law is the category of law that’s concerned with identifying crimes, and the punishments that follow.

Private (Civil) Law

The second grouping of substantive law is private law (or civil law).  This area of law is quite expansive, and is concerned with the law governing the relationship between individuals, between individuals and organizations, and between organizations.  For the purposes of this document, private law can be further divided into six different categories.  First, tort law is the category of civil law that holds people accountable for harm caused by another person, whether or not the harm was intended.  An example of tort law could be if a man sued a store because a security camera in the store fell off its mount and hit him in the head, causing a concussion resulting in medical bills and lost wages. Second, contract law is the branch of civil law that provides rules regarding agreements between people and/or organizations.  A contract law example would be like a family making a contract with a home builder to build their home.  If the builder takes their money, but doesn’t finish the house, then the family would sue under contract law.  Third, family law is the branch of civil law that deals with various legal aspects of family life.  Legal issues such as marriage, divorce, child support, etc. are all within the realm of family law.  The fourth category of civil law is wills and estates law.  This area of law is concerned with the division and distribution of property after a person dies. This area of law is especially important if the person dies without having first prepared a will.  The fifth category of civil law is property law, and it is focused on outlining the ownership rights in property.  Although it seems like it would be quite straightforward, there are often issues that come up with who actually owns a piece of property.  Finally, the sixth area of civil law is employment law.  This area of law  deals with the relationship between employers and employees.  Minimum wage, hours of work, vacations, wrongful dismissal, etc. are all issues within the area of employment law.  Although each of these areas of civil law was just briefly defined, it is important to note that each one covers an expansive volume of statute and common law.

Summary of Law Classifications

The vast collection of substantive and procedural laws in Canada would be much harder to source, understand, and apply were it not for numerous classifications of these laws.  These categories allow one to more clearly use the law and understand how it works.