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Public Law – Law that regulates the conduct of government and the relations between government and private persons.
Private Law – Law that regulates the relations between private persons and groups of private persons.
Legal Liability – Responsibility for the consequences of breaking the law.
Criminal Liability – Responsibility arising from commission of an offense against the government or society as a whole.
Regulatory or quasi-criminal liability – Responsibility arising from breaches of less serious rules of public law often enforced through specialized regulatory tribunals set by the government for specific purposes.
Civil Liability – Responsibility arising from a breach of a private law enforced through a lawsuit initiated by the victim.
4 general categories for managing legal risks: (Pg 7-8)
1) Avoid the risk: this strategy involves discontinuing the conduct or finding another way to achieve the result.
2) Reduce the risk: this strategy includes quality control initiatives that decrease the likelihood of the risk or minimize its damage.
3) Transfer the risk: this strategy accepts that the risk may occur and shifts the consequences to someone else. (Think insurance company)
4) Absorb the risk: this strategy accepts that the risk may occur and budgets for the expenses.
Law comes from 3 sources:
1) The constitution
2) Legislation
3) Court decisions

Ultra vires – Beyond the powers and therefore void (For example, If an act can’t be handled in the provincial courts than it is said to be “ultra vires”)

The Charter of Rights and Freedom * The Charter is entrenched in the constitution and therefore cannot be repealed by and ordinary act of Parliament or of provincial legislatures. The constitution is the supreme law of Canada. * Amendments of the Charter – Can only be done with consent of the Canadian Parliament and the legislatures of at least 2/3 of the provinces containing 50% of the population of all the provinces. * Under Section 33, there is a notwithstanding clause that permits legislature to override certain other sections. Section 33 also contains a so-called sunset clause which says that anything that is overridden expires after 5 years after it comes into force unless it is re-enacted by the legislature. The 5 year rule continues to apply. * None of the rights under the Charter are absolute. * The Charter applies to governments and their activities and it has limited application between private persons.
Three ways to challenge the validity of a Statute
1) Argue that the subject matter of the legislation is not within the jurisdiction of the relevant government.
2) Argue that the legislation violates the Charter of Rights Freedom
3) Argue that the interpretation of the legislation is wrong.