Lecture 1 – Conflict
Conflict is law:
· Mediation doesn’t exist in the criminal law process
· Mediation has been around longer than the court process – for as long as two people have been arguing
· Mediation is a third person trying to resolve an argument between two people
· Conflict is a disagreement between two people
· Mediation defintion: To resolve or settle (differences) by working with all the conflicting parties:
· Conflict will always be around
· What is the root cause of conflict: trying to meet a need, personality differences, correcting a wrong doing
· It is not just within the law – can be between personal relationships, etc
· Law is sufficiently different: law exists because of conflict
· The Law exists to solve conflict between two or more people
· Contract is to avoid conflict – contracts are created to avoid conflict
· The law exists because it wants to educate people – tries to educate people what their rights and their obligations they have under the law
· The law exists to stop people from doing certain things
· Laws also exists to punish those who start conflict (criminal law) – prison etc
· Also try to restrict future conflict from happening
· Law is conflict – law exist to try to avoid conflict
The structure of our legal system:
· 3 branches: federal, provincial, municipal
· In Ontario, we use Common law – a system of law based on case law
· In Quebec, they have civil law – they don’t really rely on cases, they rely on the statutes themselves.
· Civil procedure: how the law is administered in each province, how to serve people, how you commence procedures. Section 96 courts.
· Responsibility between courts are split between federal and provincial. Judges are appointed by federal government. Each province has their own rules as to what happens in those court rooms.
· Procedural law: how do you access those laws? How do you commence?
· Different in each court house
What is the role of our court:
- give binding decisions, give people a final decision.
· Give consistent rules
· To make sure everything goes fairly (procedure)
· To interpret the law
· To provide justice
· Constitutional law – maintain our democracy
· Independent judiciary
There are 3 characteristics of judiciary
1. security of tenure