The Tender For Law

Volume 13

Feb 26, 2016 12:42 PM

Harry Wombat

More from the "Justice Policy Development Branch" (don't look at me, i don't make this shit up). :)

Have fun boys and girls. :P

Thank you for your follow-up correspondence about �the common law� in Canada. You ask if the common law can be accurately described as �the law of the land�.

My own reaction is that this would not be a useful description of the common law. �The law of the land� suggests to me a rule of law or a set of laws that must be obeyed. It would be mandatory and of general application.

The common law is not such a law. It is more of an underlying, private, gap-filling collection of rules of law that allow relations among the people who live here to be conducted in predictable and fair ways - at least in principle. When the common law does not meet that expectation, governments often step in and change it by statute. The example I used in my earlier correspondence was consumer protection legislation. Occupiers� liability legislation is another example.

It is certainly fair to say that the Constitution of Canada is the law of the land, and other laws must conform to it in order to be valid. But the Constitution is not the common law, it is a statute. Not only must other statutes conform to the Constitution, but courts must interpret the common law in accordance with it.

Once again, thank you for contacting the Ministry.

John D. Gregory General Counsel Justice Policy Development Branch Policy Division Ministry of the Attorney General

Read Comments

Ceit Butler

Or, how "Regional Health Authority - Central Manitoba Inc" can be "operating as" the Minister Of The Attorney General at a small courthouse in South-Western Ontario?

Regional Health Authority - Central Manitoba Inc Operating As: Minister Of The Attorney General 50 Frederick Hubson VC Dr Suite 301 Simcoe , ON N3Y 4L5 -Dun and Bradstreet dnb.ca

Anibal Jose Baez

I have reasons to believe Harry hasn't fully grasp what's happening here. Harry, do you believe that asking irrelevant questions, to folks that claim ownership over all individuals, it's some game to be played? Next question "What is a stone frigate"? :/

One thing I know it's a must to do it's to ask questions. But we must know the question we are making, because we should already know the answer. And I have come to notice, FRAUD doesn't want to write back! :D

Harry Wombat, I know you are still on time to ask the right questions, and so are all of us. Don't let this comments "make you feel bad." As I said, you are still on time to ask the right questions.

Scott Duncan

This guy gave a VERY good response!

You've done the equivalent of the Piece-of-Shit Christian playing records backwards to find "Satanic Messages", only to have the messges say "Go to church! Say Your prayers"! :D