Law of Canada
From Free net encyclopedia
PaulHanson (Talk | contribs)
rm cat:law enforcement in canada
Next diff →
Current revision
The Canadian legal system has its foundation in the British common law system, inherited from being a part of the Commonwealth. Quebec, however, still retains the civil system dating from the French colonial era. Both systems are subject to the Constitution of Canada from which all laws formally derive their power.
Contents |
Constitution of Canada
Template:Seealso The Constitution of Canada is the supreme law of Canada under which all laws must conform. The Constitution comprises of three primary parts. The Constitution Act, 1867 provides for the basis of a system of government. In particular the Act provides for a federalist system where powers of government are divided between the federal and provincial governments. The Constitution Act, 1982 entrenched the entire Constitution of Canada providing a power to strike down inconsistent laws and an amendment formula. The Charter of Rights and Freedoms, contained in the Constitution Act, 1982, provides for an entrenched bill of rights.
Courts in Canada
Template:Seealso The ultimate court is the Supreme Court of Canada which since 1949 has been the court of last resort for all issues of law. Before then, cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom. Section 92 courts exist throughout Canada and are often called Superior Courts. While the judges in these courts are appointed through a federal process, the courts are administered by the provinces. As well there are appellate courts in each province and territory and a federal court system which has jurisdiction to deal with certain issues (immigration, patents, martitime law) as set out on the Federal Court Act.
Legal traditions
Common law
As with all common law countries, Canadian law follows the system of stare decisis. All courts must follow the decisions of the more senior courts. The inferior and superior courts of the provinces are not bound by the courts of any other provinces, however, their decisions are treated as a persuasive source of law and are often followed as if binding; only the Supreme Court of Canada has authority to bind all courts in the country with a single ruling. The Ontario Court of Appeal, for example, is often looked to for guidance on many local matters of law for many other provinces, especially in matters such as evidence and criminal law.
Due to Canada’s historical connection with the United Kingdom, decisions of the House of Lords prior to 1867 are still binding upon Canada unless they have been overturned by the Supreme Court of Canada. Equally, Canada is still bound by the decisions of the Privy Council prior to the abolishment of appeals in 1949. Nonetheless, decisions from both of these bodies, even after sovereignty, are still held in high esteem and are considered very persuasive by the courts.
Quebec civilian system
Section 92 of the Constitution has allowed for the province of Quebec to preserve its civilian system in matters within the provincial jurisdiction through the Civil Code of Quebec. The court system, being a federal matter, however, is still founded on the common law.
Criminal law
Template:Seealso The enactment of criminal law is under the jurisdiction of the federal government, and thus Canada has one Criminal Code that is applicable throughout Canada. The provinces separately promulgate "quasi-criminal" offences in a variety of administrative and other areas. The administration of justice and penal matters are under the jurisdiction of the provinces, so each province administers most of the criminal and penal law through provincial and municipal police forces.
Civil law
Template:Main The area of civil law in Canada encompasses numerous areas of law that involve disputes between parties, which includes individuals, corporations, and government. Parties will seek remedies from the court contractual matters, tort, and property law, among other.
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 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.