The Justice System
Canada is governed by an organized system of laws. These laws are the written rules made by elected representatives to guide people in our society. The courts settle disputes and the police enforce the laws. The law applies to everyone — judges, politicians and police included.
Why we have laws
Canadian laws are intended to provide order in society, offer a peaceful way to settle disputes, and express the values and beliefs of Canadians. The justice system guarantees everyone due process under the law — the principle that the government must respect every legal right a person is entitled to.
- The rule of law — no one is above the law, including the government.
- Freedom under the law — citizens enjoy rights that the state cannot arbitrarily set aside.
- Democratic principles — laws are made by elected representatives.
- Due process — government and courts must follow fair procedures.
Presumption of innocence
The blindfolded figure of Lady Justice — holding scales — symbolises the impartial manner in which Canadian laws are administered: blind to all considerations except the facts.
The courts
- Supreme Court of Canada — the country's highest court. Made up of nine judges appointed by the Governor General; its decisions are final.
- Federal Court of Canada — deals with matters concerning the federal government.
- Provincial superior / appeal courts — in most provinces called the Court of Appeal and the Court of King's Bench (or Supreme Court) — handle serious offences and appeals.
- Provincial courts — try lesser offences and conduct preliminary hearings.
- Family courts — deal with divorce, custody and child protection.
- Traffic courts — handle traffic offences.
- Small claims courts — civil cases involving small sums of money.
The police — there to help you
The police are there to keep people safe and to enforce the law. You can call the police for help in many situations — an accident, a theft, an assault, witnessing a crime, or when someone you know goes missing.
- Royal Canadian Mounted Police (RCMP) — the federal police force, enforces federal laws across Canada. The RCMP also acts as the provincial police force in every province and territory EXCEPT Ontario and Quebec, and serves as the local police in many municipalities.
- Provincial police forces — Ontario (OPP) and Quebec (Sûreté du Québec) have their own provincial police.
- Municipal police departments — operate in cities across Canada.
Getting legal help
Lawyers can help you with legal problems and represent you in court. If you cannot afford a lawyer, most communities offer legal aid services free of charge or at low cost. Anyone charged with a serious offence has the right to a lawyer.
Sources of Canadian law
- Laws passed by the federal Parliament and by provincial legislatures.
- English common law — judge-made law inherited from England, used everywhere except Quebec.
- The civil code of France — used for private law in Quebec.
- The unwritten constitution inherited from Great Britain — including parliamentary conventions.