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Canada’s Legal System: Mind Map
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Canada Legal System
- It is a system of rules based on past decisions, or precedent
The common law was based on the decisions of judge in British royal courts.
Common and Statutory Law
Common law is used in most countries that were once part of British Empire
Examples include the Narcotics Control Act, the Fisheries Act, and the Youth Criminal Justice Act
- Common Law & Statutory Law
- Statutory law is set out on acts of parliament
Canada’s criminal and civil law have their origins in English common law and statutory law
Law Creation
How a Bill Becomes a Law?
- First Reading
After a bill has been introduced into Parliament, it is received, printed, and disseminated. Bills are not debated at their first reading.
- Royal Assent
When a bill is given Royal Assent, it comes into force and becomes law. Bills must pass both the House of Commons and the Senate before they receive Royal Assent, which is granted by the Governor General.
- Second Reading
Law
- Committee Stage
Following the second reading of a bill, a legislative committee is set up to study the bill in detail.
- Third Reading
At the third reading of a bill, the committee reports the bill to the House with any proposed amendments. The bill is then voted upon by the House, and either "dies" or "passes the House". If it passes, the bill is printed and sent to the Senate.
- Reports Stage
The committee reports the bill to the House, including any proposed amendments, which the House deliberates and then either accepts or rejects through a vote.
- Canadian Justice System
Enforcement: Police make arrest or individual files civil suit.
Penal System
- The courts have also strongly upheld the rights of those held or arrested by the police
- Penal System
- They also have the right to contact a lawyer, accused people are fully aware of their rights.
Prisoners have the right to know the reason for their arrest and to have a judge decide if they are being held legally
- The powers of police to arrest and question suspects, seize evidence, and conduct searches have been steadily reduced since the introduction of the Charter in 1982.
Provincial Courts:
- court systems vary from province to province
- The provinces are responsible for the administration of justice in Canada
- provincial supreme courts handle more serious cases, called indictable offenses, while less serious summery offense are handled by lower courts.
Our Courts
- Our Courts
The Appeal Court of British Columbia:
The Appeal Court of British Columbia is the highest court of appeal in the province.
- Supreme Court
The Supreme Court of Canada has been the highest courts for all legal issues in Canada since 1949.
The governor general, on the advice of the prime minister, appoints the nine members of the Supreme Court.
Legal Rights of the Individual:
Canadians have their legal rights guaranteed by sections 7 to 14 of Charter of Rights and Freedoms. These rights cannot be taken away without a proper legal process.
Charter of Rights Freedoms
A landmark case in protecting the legal of rights of the accused occurred in 1986, shortly after the Charter came into effect.
- Charter of Rights and Freedoms
Many of the Charter cases before the courts are attempts to settle situations where the Criminal Code conflicts with individual rights and freedoms.
- Any person charged with an offense has the right:
- Everyone has the right to life, liberty, and security of the person
- To be informed without unreasonable delay of the offense.
- To be tried within a reasonable time.
- Not be denied reasonable bail
- To be presumed innocent until proven guilty
Excerpt from the Charter
- Excerpt from the Charter
- Everyone has the right not to be arbitrarily detained or imprisoned
- Everyone has the right to be secure against unreasonable search and seizure
- Everyone has a right on arrest or detention
civil law cases usually involve disputes over contracts, property, or personal relationships. Property can be physical (possessions), intellectual (ideas), or creative (artwork).
Criminal & Civil Law
- Civil Law
Deals with relationships between individuals or groups.
Defamation of character, trespassing, contracts, tenant and landlord disputes, injuries occurring on private property, product warranties, advertising compensation for injuries, divorce and child custody, sales contracts.
Deals with matters that affect society as a whole. Criminal acts are considered to be committed against the state individual victims
- Examples: Murder, Assault, Kidnapping, Theft, Riots, Firearms, Hijacking, Sexual offenses, youth offenses, Drug offenses.
- Breaking a criminal law is considered to be a wrong against Canadian society. For this reason, criminal cases are carried.
Criminal Law
- Criminal Law
Elements of criminal law:
- Presumption of Innocence
- The Criminal Act
- Mens Rea
Most criminal laws are contained in the criminal code of Canada, which was passed by federal parliament in 1892.