7.2 — Sources of Canadian Law
Constitutional LawThe supreme law of Canada, established by the Constitution Act, 1867 and the Constitution Act, 1982, including the Canadian Charter of Rights and Freedoms.
Statute LawWritten laws enacted by Parliament (federal) or provincial legislatures, such as the Criminal Code or the PSISA.
Common LawJudge-made law established through court decisions and precedent (also called case law).
Regulatory / Administrative LawRules, regulations, and orders made by government agencies and regulatory bodies.
7.3 — Division of Powers
Under the Constitution Act, 1867, legislative powers are divided between the federal and provincial governments:
Federal Jurisdiction
- Criminal law and procedure
- National defence
- Immigration and citizenship
- Banking and currency
- Trade and commerce (interprovincial)
Provincial Jurisdiction
- Property and civil rights
- Education
- Health care
- Municipal institutions
- Licensing (including security guards — PSISA)
7.4 — The Hierarchy of the Canadian Court System
1
Supreme Court of CanadaHighest court; hears appeals on matters of national importance.
2
Provincial / Territorial Courts of AppealHears appeals from lower courts.
3
Superior CourtsOntario Superior Court of Justice; handles serious criminal and civil matters.
4
Provincial CourtsOntario Court of Justice; handles most criminal cases, family law, and minor civil matters.
5
Specialty Courts and TribunalsSmall claims court, human rights tribunal, landlord-tenant board.
7.5 — Types of Law
Criminal LawDeals with offences against society as defined by the Criminal Code of Canada. The state (Crown) prosecutes the accused.Standard of proof: Beyond a reasonable doubt
Provincial LawProvincial statutes and regulations, including the PSISA, Trespass to Property Act, and OHSA.
Municipal By-LawsSpecific to each municipality and may include noise limits, occupancy limits, traffic rules, and parking regulations.
Civil LawDisputes between individuals or organizations (e.g., contract disputes, negligence, wrongful dismissal).Standard of proof: Balance of probabilities
7.6 — Types of Criminal Offences
Summary Conviction OffencesLess serious offences tried in provincial court without a jury. Maximum penalty is typically a fine or imprisonment up to 2 years less a day.
Indictable OffencesMore serious offences that may be tried by judge alone or judge and jury. Carry heavier penalties including lengthy imprisonment.
Hybrid (Dual Procedure) OffencesThe Crown may elect to proceed by summary conviction or by indictment, depending on the severity of the circumstances.
7.7 — Court Protocols and Procedures
Crown Prosecutor — Represents the state; bears the burden of proving guilt.
Defence — Represents the accused; challenges the Crown's evidence and arguments.
Judge / Jury — Determines guilt or innocence based on evidence presented.
Burden of Proof (Criminal) — Beyond a reasonable doubt.
Burden of Proof (Civil) — Balance of probabilities (more likely than not).
7.8 — The Ontario Evidence Act and Canada Evidence Act
- These Acts establish rules governing what constitutes admissible evidence in court.
- Evidence must be relevant, material, and reliable.
- Security guards must ensure that any information they collect or observations they make are recorded in a manner that supports admissibility.
- Improperly obtained evidence may be excluded from proceedings.
7.9 — Evidence Handling Techniques
Always treat all investigations as if the case could go to trial.
Six core steps for containing evidence:
1
CollectGather all relevant physical evidence carefully.
2
SecurePlace evidence in appropriate containers or storage.
3
PreserveProtect evidence from contamination, damage, or loss.
4
IdentifyLabel and tag each item with date, time, description, and handler information.
5
ContinuityMaintain the chain of custody — document every person who handles the evidence.
6
LogRecord all evidence in a formal evidence log.
7.10 — Municipal By-Laws
- By-laws are specific to each municipality and vary from city to city.
- Security guards must know the by-laws applicable to their area of operation.
- Common by-laws include noise limits, occupancy limits, traffic rules, and parking regulations.
- By-law information can be accessed through municipal websites or city hall.
7.11 — Preparing for Court
Appearance and Conduct — Dress professionally, arrive early, be respectful.
Review Notes and Reports — Thoroughly review all documentation related to the incident before testifying.
Testifying — Answer questions clearly, honestly, and concisely; do not volunteer information beyond what is asked.
Cross-Examination — Remain calm, consistent, and truthful; do not become argumentative.
7.12 — Module 7 Review Questions
Test your understanding of Module 7. The correct answer for each question is highlighted.
1. What is the standard of proof in a criminal case?
- A.Balance of probabilities
- B.Beyond a reasonable doubt
- C.Preponderance of evidence
- D.Absolute certainty
2. Which of the following is a source of Canadian law?
- A.Company policy manuals
- B.Common law (case law)
- C.Security guard training manuals
- D.Newspaper editorials
3. What type of criminal offence allows the Crown to choose how to proceed?
- A.Summary conviction
- B.Indictable offence
- C.Hybrid (dual procedure) offence
- D.Regulatory offence
4. What is the term for the unbroken documentation of who handled a piece of evidence?
- A.Evidence log
- B.Chain of custody
- C.Incident report
- D.Court record
5. Which court is the highest in the Canadian legal system?
- A.Ontario Superior Court of Justice
- B.Ontario Court of Justice
- C.Provincial Court of Appeal
- D.Supreme Court of Canada