Introduction Canadian laws protect rights and freedoms, while also outlining criminal actions. Laws greatly affect the lives of Canadian citizens every day. This report will first, examine different lifetime events.
Second, it will also investigate which laws apply to each event, and to what extent. Third, it will examine the consequences of law on Canadians’ lives. Fourth, it will also identify statutes that impact life events and describe the effects of the legislation. Fifth, it will examine cases that relates to life events.
Birth When a baby is born in Canada, they are entitled to a birthright citizenship. This is dictated by the Citizenship Act of 1977. Section 3(1) determines whether a person is, or can become, a Canadian citizen. Citizenship is most commonly acquired by birth, whether at home or abroad. Receiving a birthright citizenship when the baby is born abroad only counts when one or more parent or adopter of the child are Canadian citizens. Section 2(a) of the act states that the term “Canada” is not limited to Canadian soil, but also applies to the “the internal waters” and “the territorial sea” of Canada.
“Internal waters” refers to lakes or other bodies of water in Canadian territory. Babies born over Canadian airspace are also considered to be born in Canada. Furthermore, the act also states that any person who was born on an aircraft or vessel registered in Canada is born in Canada. A birth certificate is issued by the provincial government where the baby was born.
Parents are encouraged to apply as soon as possible after your baby is born. A baby must be registered with the provincial or territorial government within 30 days. Births can also be registered online or through the mail. The parents can then order a short-form for $25, or a long-form birth certificate for $35. A birth certificate is a legal document that establishes the identity of the child. Short-form certificates include basic information and can be used as identification when the child is registered for a government services like healthcare or a passport. Long-form certificates are certified copies of the baby’s birth registration.
After registration, the family can then receive Canada child benefits.Marriage Marriage is both a great ceremony and legal step. It is a contract signed by saying “I do” that outlines the rights and responsibilities of both spouses.
By being married, a couple becomes responsibility for any children they have. The necessary requirements for a valid marriage are outlined in Sections 2 to 5(3) of the federal Marriage Act. This determines whether a person can get married. The federal government has jurisdiction over these requirements under the Constitution Act. Individuals must have the legal and personal capacity to marry which apply nationally. Provinces and territories also have laws that clarify the requirements under the Constitution Act. Both parties must give valid consent, hold the essential mental and sexual capacity, be of a minimum age or have written parental consent, not be in a prohibited relationship, and have previous marriages dissolved.
Mental capacity means that the you need to have the ability to understand that a marriage is a legal contract and the responsibilities it holds. Someone does not have the mental capacity to marry if they are impaired because of mental illness, alcohol, or drugs. However, this requirement is only needed during the marriage ceremony, not after. Valid consent means agreeing to enter a marriage willingly of their own free will. This means it cannot be given under duress.
Consent under duress is defined as the individual being afraid of the consequences if they don’t agree to marry, their fears are reasonable, and that fear is caused by someone other than themselves. Valid consent also means that the consent only stands if the person married who they thought they were marrying. Age of consent is determined by provincial law. If a young couple cannot receive written parental approval, can apply to a court. If a judge finds no reasonable reason for consent to be withheld, the need for parental consent can be deemed no longer necessary.
A prohibited relationship is when the couple wanting to be married is too closely related. The Marriage Act prevents these marriages to stop mental or physical disorders in babies. If a marriage does not meet these requirements, it can legally be “void ab initio,” Latin for void from the beginning. Thus, the marriage’s legal contract never existed. Previous relationships must be dissolved because you can only be legally married to one person at a time. This is monogamy. Polygamy, being married to more than one person at the same time, is a criminal offense. Someone found guilty of polygamy can be sentenced to 5 year in prison.
All prior marriages must end either in divorce, being determined void, or with the death of a spouse. Sexual capacity means that both spouses must be cable of consummation. Consummation is the legal validation of a marriage through intercourse. If this is not possible because of a spouse’s sexual capacity, the marriage can be declared void.
Under provincial law, other requirements exist. Such as: a marriage license, public declaration of marriage by a church, or a marriage ceremony.Employment Employment is a branch of civil law that deals with relationships between employers and their employees. Civil law governs relationships between individuals, individuals and relationships, and between different organizations. Workplace and worker rights are regulated by federal and provincial law. Children under a certain age cannot be forced to work, employers must pay a minimum wage to workers, workers are protected from discrimination and harassment, enforce safety procedures, and deal with union rights.
The majority of Canadian workers are protected by provincial or territorial employment laws. Employment standards are legal guidelines that define and guarantee workplace rights. They cover maximum hours of work, minimum wages, sick days, vacations, pregnancy leave, parental leave, emergency leave, and family medical leave. These are the minimum standards established by law that define and guarantee rights in the workplace. Other workers have federally regulated employment law under the Canada Labour Code and the Labour Program outlines employment conditions.
Although the Canadian Human Rights Act forbids discrimination for reasons like gender, race, and religion, the Employment Equity Act furthers equal opportunity. Section 2 of the act specifically states its goal of protecting the rights of women, people with disabilities, Indigenous people, and minorities. A person who would be historically discriminated against can get a job because affirmative action exists to promote employment opportunities.