Canadian law

Canadian Law

Canadian law refers to the legal system in Canada, which is based on the English common law system, with the exception of the province of Quebec, which follows a civil law system for private matters. Canadian law is a complex and evolving system that encompasses various areas, including constitutional law, criminal law, civil law, and administrative law.

History

The legal system in Canada has its roots in the English common law tradition, which was brought to Canada by British colonists. The Constitution Act, 1867 (originally the British North America Act, 1867) established the framework for the Canadian legal system, dividing powers between the federal and provincial governments.

In Quebec, the Civil Code of Quebec governs private law, reflecting the influence of the French civil law tradition. This dual legal system is a unique feature of Canadian law.

Sources of Law

Canadian law is derived from several sources:

• Constitutional Law: The Constitution of Canada is the supreme law of the country, and any law inconsistent with it is of no force or effect. The Constitution includes the Constitution Act, 1867, and the Constitution Act, 1982, which includes the Canadian Charter of Rights and Freedoms.

• Statutory Law: Laws passed by the Parliament of Canada and provincial legislatures. These statutes are a primary source of law in Canada.

• Common Law: Judicial decisions from courts, particularly appellate courts, form a body of common law that guides future cases. This is especially prevalent outside of Quebec.

• Civil Law: In Quebec, the Civil Code is the primary source of private law.

Branches of Law

Constitutional Law

Constitutional law in Canada deals with the interpretation and application of the Constitution. The Supreme Court of Canada plays a crucial role in constitutional interpretation, particularly in cases involving the Charter of Rights and Freedoms.

Criminal Law

Criminal law in Canada is governed by the Criminal Code, which is a federal statute. It defines criminal offenses and prescribes punishments. Criminal law is under federal jurisdiction, meaning that the Parliament of Canada has the exclusive power to legislate in this area.

Civil Law

Civil law in Canada covers disputes between individuals and organizations. In Quebec, civil law is governed by the Civil Code, while in other provinces, it is based on common law principles.

Administrative Law

Administrative law involves the actions and operations of government agencies. It includes the review of decisions made by administrative bodies and tribunals.

Legal Institutions

Courts

The Canadian court system is hierarchical, with the Supreme Court of Canada at the top. Below it are the provincial and territorial courts of appeal, superior courts, and lower courts. Each province and territory has its own court system.

Legal Profession

The legal profession in Canada is regulated by provincial and territorial law societies. Lawyers in Canada are either barristers, who represent clients in court, or solicitors, who provide legal advice and services outside of court.

See Also

• Canadian Charter of Rights and Freedoms
• Supreme Court of Canada
• Civil Code of Quebec
• Constitution Act, 1867

References

• Canada's Department of Justice
• Supreme Court of Canada