The law in Canada primarily derives from different legal traditions: namely, common law and civil law. This means that Canada belongs to a mixed legal system classification. The Canadian legal system reflects the legal traditions of both England and France, brought by colonizers in the seventeenth and eighteenth centuries, with a notable emphasis on the importance of English common law traditions and the Civil Code of Quebec.
The common law system of England, developed over several centuries, forms the foundation of the laws of Canada’s ten provinces and three territories today. The rules of this system are based on precedents, judicial decisions, and customary practices that have evolved over the years and changed with circumstances.
The civil law of Quebec belongs to the civil law system and is based on the French system, with its origins traceable to the legal rules of Emperor Justinian during the Byzantine period. The French civil law extensively enumerates legal principles and relies less on case law compared to common law. Significant amendments to the civil law were made on January 1, 1994, primarily aimed at aligning it with modern life. However, in public law matters, the principles of common law apply to both other provinces and Quebec.
As time has progressed, the common law tradition and Quebec civil law have developed their own characteristics to adapt to the evolution and changes in Canadian society. The government can enact new laws or repeal old ones. Parliament or provincial legislatures can pass legislation that supersedes conflicting common law provisions.
Some provinces have established law reform commissions specifically to study and propose recommendations for the amendment, modernization, and reform of common law and new legislation.
When formulating new legislation, both the government and legislators are bound by the Canadian Constitution. In Canada, the Constitution explicitly defines the nature of government, the manner of elections, the rights and freedoms of each citizen, and the legislative powers of federal and provincial governments.