Legal System: The Canadian legal system exists to protect the fundamental rights and freedoms of individuals and to ensure that everyone is treated equally and fairly. Since laws must be enforced, interpreted, and practically applied, the legal system also includes various institutions, such as the police, courts, and human rights commissions, to carry out these functions.
Legal Framework
Canadian law can be divided into two categories:
A. Public Law: The laws in this category primarily address matters affecting society as a whole, such as criminal law, constitutional law, or administrative law.
B. Civil Law: The laws in this category are primarily used to resolve disputes between private individuals.
In Canada, federal, provincial, and municipal governments establish courts to interpret and enforce enacted laws. However, the courts are separate from the government, and different types of courts are responsible for hearing cases in different areas (e.g., family courts). The Canadian court system consists of three levels: trial courts, appellate courts, and the Supreme Court. The Supreme Court is the court of final resort. If translation is needed, a request can be made to the court.
The Law and You
Every Canadian should:
Be familiar with and obey the law (ignorance of the law is not an excuse for breaking it); respect the "honor system" (for example, taking only one newspaper when purchasing from a news vending machine); report crimes promptly when discovered; and fulfill the duty to serve as a juror if notified.
Police
Police forces consist of:
Federal Police: Known as the Royal Canadian Mounted Police (RCMP). The responsibilities of the RCMP are to enforce criminal and provincial laws in all provinces (except Ontario and Quebec), and to provide policing services for the Yukon, the Northwest Territories, and 191 municipalities.
Provincial Police: Ontario and Quebec have their own provincial police forces. The Royal Newfoundland Constabulary shares policing duties in Newfoundland with the RCMP. Other provinces have signed contracts with the RCMP for the provision of services.
Municipal Police: Most urban centers have their own police departments or contract services from provincial police. In case of an emergency, call 911. For non-emergency situations, use the telephone numbers for the RCMP, provincial police, or municipal police (found in the blue pages of the telephone directory).
The Police and You
You should know:
The police exist to protect and serve the public; they are separate from the government and the military. No one may enter your home unless they can prove their identity as a law enforcement officer (i.e., police) and present a warrant containing your name or your address.
If arrested:
The officer must show their identification and inform you that you are under arrest and the reason for the arrest. Upon arrest, they must inform you of your rights. Maintain a cooperative, rational, and calm attitude. Make eye contact with the officer. Avoiding eye contact may lead them to believe you are hiding something. Other than providing your name and address, you do not need to answer police questions or comment on the incident unless a lawyer is present. If you do not have a lawyer, the police will provide you with the telephone number of a legal service. You have the right to make one phone call. The police cannot detain you for more than twenty-four hours without charging you and bringing you before a court. The police have the right to take photographs, fingerprints, and administer breathalyzer tests to drivers.
Canadian Citizenship
In Canada's democratic society, the rights of citizens are protected in many ways. The Constitution is the most fundamental law, and its protection of citizenship rights is the most comprehensive. Judicial and court procedures guarantee a fair trial. Provincial governments protect individual rights within their respective jurisdictions. Finally, acts of Parliament and provincial legislatures protect citizens' rights in various aspects. Among the individual rights protected by legislation, the most fundamental areas are business, housing, and employment.
Canadian citizens also enjoy the following rights:
The right to hold a Canadian passport, travel abroad, and return to Canada freely; full participation in politics (i.e., the right to vote and eligibility to run as a candidate in elections); protection under the Canadian Charter of Rights and Freedoms, which includes freedom of conscience, religion, thought, belief, opinion, and expression, including freedom of the press and other media of communication, peaceful assembly, and association, and equality before the law. If you are a student, business owner, or artist, you are eligible to receive grants or funding.
Legal Proceedings
Individuals or organizations in Canada often sue each other to resolve disputes that cannot be settled otherwise. Legal action is both costly and difficult. If you are forced to go to court, you should immediately find a lawyer. Your lawyer must act solely in your best interests, provide you with balanced and impartial advice, and keep all information you provide confidential. Discuss fees during your first meeting with the lawyer.
Legal Aid
Legal aid is now enshrined in law, with costs shared between the federal and provincial governments, and is considered an effective part of the justice system.
Eligibility for assistance is primarily based on income. If you can prove that you cannot afford legal fees, you may apply for legal aid from various government-funded service agencies. Such assistance generally includes providing consultations, representation in court, handling administrative matters, drafting legal documents, and negotiating settlements.
Court System
The courts are the judicial branch of Canada. The Canadian court system is basically divided into two levels: federal and provincial. The exceptions are Quebec and Nova Scotia, which also have a third level—municipal courts.
The federal court system consists of the Supreme Court of Canada, the Federal Court of Canada, the Tax Court of Canada, and the Court Martial Appeal Court of Canada.
Supreme Court of Canada
The Supreme Court of Canada is the final court of appeal and the court of last resort, hearing civil and criminal appeals from the federal and provincial levels. Such cases must receive leave to appeal from federal or provincial appellate courts before they can be heard by the Supreme Court. In addition, the Supreme Court has the power to interpret and rule on whether Canadian federal and provincial laws are unconstitutional.
The Supreme Court of Canada consists of one Chief Justice of Canada and eight puisne judges, handling about 120 cases per year. By custom, of these nine judges, three usually come from Quebec, three from Ontario, two from the four western provinces, and one from the four Atlantic provinces. Supreme Court judges are nominated by the Prime Minister, appointed by the Governor General, and retire at age 75.
Federal Court of Canada
The Federal Court of Canada consists of the Trial Division and the Federal Court of Appeal, generally handling civil and criminal cases related to finance and maritime law. The Federal Court of Appeal is composed of a Chief Justice and ten other judges, and the Trial Division is composed of an Associate Chief Justice and thirteen other judges. These judges are all appointed by the federal government.
Tax Court of Canada
In addition to handling tax cases, the Tax Court of Canada also handles financial disputes related to pensions, unemployment insurance, veterans' benefits, and oil and gas, etc. If a party is dissatisfied with a decision of the Tax Court, they may appeal to the Federal Court of Appeal of Canada. The Tax Court of Canada is composed of a Chief Justice, an Associate Chief Justice, and sixteen other judges. These judges are all appointed by the federal government.
Court Martial Appeal Court of Canada
This court was established under the National Defence Act of Canada and consists of three judges. The three judges are appointed by the Governor General from among judges of the Federal Court of Canada and provincial superior courts. The Court Martial Appeal Court has no fixed courtroom. It can travel to any location as needed to hear cases brought by military courts.
In addition, because the Northwest Territories and the Yukon are under the direct jurisdiction of the federal government, the superior courts of these two territories are also managed by the federal government.
Provincial Legal and Court Systems
Due to historical reasons, the legal system of Quebec follows the civil law system influenced by France. The other nine provinces and two territories in Canada follow the English common law system. The judicial institutions of each province consist of the Provincial Superior Court, the Provincial Court of Appeal, the District Court, and the Provincial Court.
Provincial Superior Court
The Superior Court of each province is the highest court within that province. Due to different historical backgrounds, the names of provincial superior courts vary. For example, some are called Supreme Court trial divisions, some are called Royal Superior Courts, and some are simply called Superior Courts. Judges of provincial superior courts are all appointed by the federal government.
Provincial Court of Appeal
The Provincial Court of Appeal is also known as the Supreme Court of Appeal and only hears cases appealed from the Provincial Superior Court. Therefore, it does not retry cases; instead, it reviews the transcripts of the cases that have been tried, listens to arguments from lawyers for both sides, and then studies them to reach a decision. Judges of the Provincial Court of Appeal are also appointed by the federal government.
District Court
The District Court is a local court established by the province, but the judges are appointed by the federal government.
Provincial Court
The Provincial Court is the lowest level court in the Canadian judicial system. It can only hear less serious civil and criminal cases. Judges of the Provincial Court are appointed by the provincial government.