The Canadian legal system has its foundation in the British common law system, inherited from being a part of the Commonwealth. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Quebec, however, still retains a civil system for issues of private law. Quebec (kwɨˈbɛk Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. Both legal systems are subject to the Constitution of Canada, from which all laws formally derive their power. The Constitution of Canada is the supreme law in Canada; the country's Constitution is an amalgamation of codified acts and uncodified traditions
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Constitution of Canada
- See also: Constitution of Canada
The Constitution of Canada is the supreme law in Canada. The Constitution of Canada is the supreme law in Canada; the country's Constitution is an amalgamation of codified acts and uncodified traditions The Constitution of Canada is the supreme law in Canada; the country's Constitution is an amalgamation of codified acts and uncodified traditions It is an amalgam of codified acts and uncodified traditions and conventions. An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. A constitution is a system for government often Codified as a written document that establishes the rules and principles of an autonomous political entity Alternative meaning Constitutional convention (political meeting A constitutional convention is an informal and uncodified procedural agreement that is The core parts are found in the Constitution Act, 1867 (formerly the British North America Act), which outlines the system of government and the powers of the federal and provincial governments, among other matters. The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of A system of government is a term that refers to the set of political Institutions by which a Government of a State is organized in order to exert its powers The Constitution also includes the Constitution Act, 1982, which contains the Charter of Rights and Freedoms, an entrenched bill of rights. The Constitution Act 1982 (Schedule B of the Canada Act 1982 (UK is a part of the Constitution of Canada. The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the A Bill of Rights is a list or summary of rights that are considered important and essential by a group of people
Legislation
Acts passed by the Parliament of Canada and by provincial legislatures are the primary sources of law in Canada. An Act of Parliament is a Law enacted as Primary legislation by a national or sub-national Parliament. The Parliament of Canada (Parlement du Canada is Canada 's legislative branch, seated at Parliament Hill in Ottawa, Ontario. Sections 91 and 92 of the Constitution Act, 1867 enumerate the subject matters upon which either level of government (federal and provincial) may legitimately enact legislation. The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of
Laws passed by the federal government are initially announced in the Canada Gazette, a regularly published newspaper for new laws and regulations. The Canada Gazette is an official publication by the Government of Canada that publishes all Laws and Orders-in-Council issued by the government Federal acts that receive royal assent are subsequently published in the Annual Statutes of Canada. From time to time, the federal government will consolidate its current laws into a single consolidation of law known as the Revised Statutes of Canada. The Statutes of Canada (SC consists of the compilation of all the federal laws of Canada passed by the Parliament of Canada since Confederation in 1867 The most recent federal consolidation was in 1985.
Laws passed by the provinces follow a similar practice. The laws are announced in a provincial gazette, published annually and consolidated from time to time.
Legal traditions
Common law
All provinces and territories within Canada, excluding Quebec, follow the common law legal tradition. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Equally, courts have power under the provincial Judicature Acts to apply equity. Equity is the name given to the set of legal principles in jurisdictions following the English common law tradition which supplement strict rules of law where
As with all common law countries, Canadian law adheres to the doctrine of stare decisis. Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions Lower courts must follow the decisions of higher courts by which they are bound. For instance, all Ontario lower courts are bound by the decisions of the Ontario Court of Appeal and, all British Columbia lower courts are bound by the decisions of the British Columbia Court of Appeal. However, no Ontario court is bound by decisions of any British Columbia court and no British Columbia court is bound by decisions of any Ontario court. Nonetheless, decisions made by a province's highest court (provincial Courts of Appeal) are often considered as "persuasive" even though they are not binding on other provinces.
Only the Supreme Court of Canada has authority to bind all courts in the country with a single ruling. The busier courts, such as Ontario Court of Appeal, for example, are often looked to for guidance on many local matters of law outside the province, especially in matters such as evidence and criminal law. The Court of Appeal for Ontario (frequently referred to as Ontario Court of Appeal or OCA) is headquartered in Downtown Toronto, in historic The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential
When there is little or no existing Canadian decision on a particular legal issue and it becomes necessary to look to a non-Canadian legal authority for reference, decisions of English courts and American courts are often utilized. In light of the long standing history between English law and Canadian law, the English Court of Appeal and the House of Lords are often cited as and considered persuasive authority, and are often followed. If the legal question at issue relates to matters of constitutional or privacy law, however, decisions of United States courts are more likely to be utilized by Canadian lawyers because there is a much greater body of jurisprudence in U. S. law than English law in these areas.
Decisions from Commonwealth nations, aside from England, are also often treated as persuasive sources of law in Canada.
Due to Canada’s historical connection with the United Kingdom, decisions of the House of Lords before 1867 are technically still binding on Canada unless they have been overturned by the Supreme Court of Canada, and Canada is still bound by the decisions of the Privy Council before the abolishment of appeals to that entity in 1949. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located The House of Lords is the second house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords" The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 In practice, however, no court in Canada has declared itself bound by any English court decision for decades, and it is highly unlikely that any Canadian court will do so in the future.
Criminal offences are found within the Criminal Code of Canada or other federal/provincial laws, with the exception that contempt of court is the only remaining common law offence in Canada. [1]
Quebec's civil law system
For historical reasons, Quebec has a hybrid legal system. Private law follows the civil law tradition, originally expressed in the Coutume de Paris as it applied in what was then New France. Private law (Civil law is that part of a Legal system that involves relationships between individuals Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world. The Viceroyalty of New France (Nouvelle-France was the area colonized by France in North America during a period extending from the exploration of the Today, the jus commune of Quebec is codified in the Civil Code of Quebec. Jus commune or ius commune is Latin for "common law" It is often used by civil law Jurists to refer to those The Civil Code of Québec ( Code civil du Québec) is the Civil code in force in the province of Quebec, Canada. As for public law, it was made that of the conquering British nation after the fall of New France in 1760, that is the common law. Public law is a theory of law governing the relationship between Individuals ( Citizens companies) and the State. It is important to note that the distinction between civil law and common law is not based on the division of powers set out in the Constitution Act, 1867. The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of Therefore, legislation enacted by the provincial legislature in matters of public law, such as the Code of Penal Procedure, should be interpreted following the common law tradition. Likewise, legislation enacted by the federal Parliament in matters of private law, such as the Divorce Act, is to be interpreted following the civil law tradition and in harmony with the Civil Code of Quebec. Because of Quebec's unique legal system, lawyers trained in either common law or civil law may not practice in Quebec without undergoing further training in one or the other legal system.
Areas of law
Criminal law
- See also: Criminal law in Canada
The enactment of criminal law is within the exclusive jurisdiction of the federal government. Criminal law in Canada is under the exclusive jurisdiction of the federal government. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Canadian Criminal Code is applicable uniformly throughout the entire country. The Criminal Code of Canada (long title An Act respecting the criminal law, R Provinces cannot enact criminal legislation and any attempt to do so will be deemed ultra vires (outside its jurisdiction) pursuant to sections 91 and 92 of the Constitution Act, 1982. The Constitution Act 1982 (Schedule B of the Canada Act 1982 (UK is a part of the Constitution of Canada.
The provinces, however, are responsible for the administration of courts, including criminal courts, within their respective provinces, despite their inability to enact criminal laws. So, even though there are provincial criminal courts, this is not to be confused with provincial criminal laws, which do not, in fact, exist.
Provinces do have the power to promulgate quasi-criminal or regulatory offences in a variety of administrative and other areas, and every province has done so with myriad rules and regulations across a broad spectrum.
Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982, it was fairly common for a provincial law to be challenged on the grounds that it was a criminal statute, and thus ultra vires or beyond the province's legislative authority. The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the For example, several provincial acts attempting to restrict pornography, prostitution, and abortion procedures were struck down as being enactments of criminal law.
Civil law
The area of civil law in Canada encompasses numerous areas of law that involve disputes between parties, which includes individuals, corporations, and government. Civil law, as opposed to Criminal law, refers to that branch of Law dealing with disputes between Individuals and/or Organizations, in which Parties will seek remedies from the court in contractual matters, tort disputes, and property law cases, among others. Canadian contract law has its foundation in the English legal tradition of the 19th and early 20th century Tort law in Canada concerns the treatment of the law of Torts within the Canadian jurisdiction excluding Quebec, which is covered by the Law of obligations Property law in Canada is the body of law concerning the rights of individuals over land objects and expression within Canada.
Administrative law is a growing area of Canadian law. This is the body of law dealing with federal and provincial administrative tribunals, including labour boards, human rights tribunals, and workers' compensation appeal tribunals. Decisions of these tribunals can be reviewed by superior courts (or, in the case of federal tribunals, the Federal Court Trial Division or the Federal Court of Appeal), but the courts tend to give at least some deference to the tribunals. The degree of deference will depend on factors such as the specialized nature and expertise of the tribunal.
Procedural law
Procedural law in Canada encompasses several aspects of the justice system. The laws of evidence regulate the admissibility of evidence in courts and tribunals. The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e The level of government which sets these rules depends on who has jurisdiction over the particular area of law. The functioning of the Courts is regulated by the laws of civil procedure which are codified in each province's civil procedures rules.
Courts in Canada
- See also: Court system of Canada
The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. The court system of Canada is made up of many Courts differing in levels of legal superiority and separated by jurisdiction French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people A supreme court, also called a court of last resort or high court, is in some Jurisdictions the highest judicial body within that jurisdiction's The Canadian legal system has its foundation in the British Common law system inherited from being a part of the Commonwealth.
Prior to 1949, cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom, and some cases bypassed the Supreme Court of Canada entirely. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located
Criminal trial courts (often called "superior" courts) and appellate courts are referred to as "Section 96" courts, in reference to the Constitution Act, 1867, s. 96, which grants the federal government the power to appoint the judges of these courts. By contrast, judges in courts that only exercise the jurisdiction of the province (sometimes called "inferior" courts and often called "provincial" courts) are appointed by the province. Typically, appeals from provincial courts go to the superior court of the province. Further appeals would go to the appeal court, and then in limited circumstances on to the Supreme Court of Canada. Provincial courts deal primarily with criminal matters. The most serious criminal matters, such as murder, are heard by superior courts. Civil litigation over contract and tort disputes, also begins in superior courts. Each province has an appellate court, as does each territory. While the judges in Section 96 courts are appointed through a federal process, the courts are administered (and paid for) by the provinces.
The Federal Court Trial Division and Federal Court of Appeal, unlike other superior courts, were created by statute and have jurisdiction over a small number of issues that fall under the federal constitutional scope (for example, immigration, admiralty (maritime law), patents and copyright). The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts Notably, the bulk of the Federal Court and Federal Court of Appeal's work involves judicial review of federal tribunals, boards, and commissions. Judicial review is the power of the courts to annul the acts of the executive and/or the legislative power where it finds them incompatible with a higher norm In some cases, the Federal Courts' jurisdiction is made exclusive by statute. In other areas, the superior courts may exercise concurrent jurisdiction over the underlying subject matter, and proceeding in either court may provide certain advantages to a party.
References
See also
- Legal systems of the world
- Legal education in Canada
- Statutes of Canada
- List of Acts of Parliament of Canada
- At Her Majesty's Pleasure
External links
- Consolidated Statutes and Regulations of Canada
- Canada's Justice System - Department of Justice
- CanLII Canadian Legal Information Insitute
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Law of Canada
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| Sources of law | Constitution, federal statutes, provincial statutes |  |
|---|---|---|
| Core areas of law | Constitutional law, Administrative law, Criminal law, Contract law, Tort law, Property law | |
| Other areas of law | Aboriginal law, Civil and human rights, Family law, Immigration and refugee law, Labour and employment law, Copyright law, Trade-mark law, Patent law | |
| Courts | Supreme Court, Federal Court (Appeal), Courts of Appeal, Superior courts, Provincial courts | |
| Education | Law school, Law School Admission Test, Call to the bar | |
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