Justice System

In Canada, the law applies to everyone. You’ll learn the basic ideas behind the justice system, who makes and enforces the laws, the main courts, the different police forces and where to get legal help.

Due process and the presumption of innocence

Canada’s justice system promises fair treatment to everyone. Two key ideas are due process and the presumption of innocence.

Due process means the government must respect all the legal rights a person has under the law. In criminal matters, everyone is innocent until proven guilty.

Key points

  • The justice system guarantees everyone due process under the law.
  • Due process: the government must respect all the legal rights a person is entitled to under the law.
  • Presumption of innocence: in criminal matters, everyone is innocent until proven guilty.
  • Canada’s legal heritage includes the rule of law, freedom under the law, democratic principles and due process.
  • The blindfolded Lady Justice stands for laws applied impartially, looking only at the facts.

Practice questions: What does the presumption of innocence mean? · What is due process? · Which of these is part of the justice system’s guarantee to everyone?

The rule of law

Canada is governed by an organized system of written laws. These laws guide how people live together, keep order and give a peaceful way to settle disputes.

The law applies to everyone. It covers judges, politicians and the police, and no person or group is above it.

Key points

  • Rule of law: the law applies to everyone in Canada, including judges, politicians and the police.
  • Laws are written rules meant to guide people in society.
  • Laws are made by elected representatives.
  • The courts settle disputes and the police enforce the laws.
  • Laws aim to provide order, a peaceful way to settle disputes, and to express the values and beliefs of Canadians.
  • Prisons punish criminals and help deter crime.

Practice questions: What does the rule of law mean in Canada?

Where Canadian law comes from

Canadian law grows from several traditions. Some laws are passed by elected bodies today, and others come from older British and French legal traditions.

Together these sources protect a long tradition of liberty that began with Magna Carta in England in 1215.

Key points

  • Sources of Canadian law: laws passed by Parliament and the provincial legislatures, English common law, the civil code of France, and the unwritten constitution inherited from Great Britain.
  • These sources secure an 800-year-old tradition of ordered liberty that dates back to Magna Carta (1215), also called the Great Charter of Freedoms.
  • Habeas corpus, the right to challenge unlawful detention by the state, comes from English common law.
  • The Quebec Act of 1774, passed by the British Parliament, restored French civil law in Quebec while keeping British criminal law.

Practice questions: What is habeas corpus? · What are the sources of Canadian law? · Which legal tradition from France is one of the sources of Canadian law? · Who makes laws in Canada?

The courts

Canada has courts at different levels. The highest court is the Supreme Court of Canada. Other courts deal with federal government matters, appeals and trials.

There are also provincial courts for lesser offences, as well as family courts, traffic courts and small claims courts.

Key points

  • The Supreme Court of Canada is the country’s highest court.
  • The Federal Court of Canada deals with matters concerning the federal government.
  • Most provinces have an appeal court and a trial court. The trial court is sometimes called the Court of King’s Bench or the Supreme Court.
  • Provincial courts handle lesser offences.
  • There are also family courts, traffic courts and small claims courts.
  • Small claims courts hear civil cases involving small sums of money.

Practice questions: What is the highest court in Canada? · Which court deals with matters concerning the federal government? · Which court handles civil cases involving small sums of money?

Police services

The police keep people safe and enforce the law. You can ask them for help in many situations, and they are there to help you.

Canada has federal, provincial and municipal police. If you are unhappy with how police acted, you can raise a complaint.

Key points

  • Role of the police: to keep people safe and to enforce the law.
  • Ask the police for help after an accident, a theft or an assault, if you see a crime, or if someone has gone missing.
  • The Royal Canadian Mounted Police (RCMP) enforce federal laws throughout Canada.
  • The RCMP also serve as the provincial police in all provinces and territories except Ontario and Quebec, and in some municipalities.
  • Ontario and Quebec have provincial police forces.
  • Municipal police departments exist in all provinces.
  • You can question the police about their service or conduct. Almost all police forces have a process to raise concerns and seek action.

Practice questions: Which police force enforces federal laws throughout Canada? · Which two provinces have their own provincial police forces instead of the RCMP? · What is the role of the police? · Can you question the police about their service or conduct?

These summaries were written by New Citizen and are based on Discover Canada: The Rights and Responsibilities of Citizenship (Immigration, Refugees and Citizenship Canada). They are not official government text.