The Justice System
Learn about Canada's legal system, courts, law enforcement, and the rights of the accused.
The Courts and Legal System
Canada's legal system is based on a heritage that includes the rule of law, freedom under the law, democratic principles, and due process. The courts settle disputes and enforce the law.
Canada has four levels of courts:
1. Provincial/Territorial courts - Handle most criminal offences, family law matters, and small claims 2. Provincial/Territorial superior courts - Deal with more serious criminal cases and civil cases involving larger sums of money 3. Federal courts and provincial/territorial courts of appeal - Federal courts handle matters relating to the federal government; appeal courts hear appeals from lower courts 4. The Supreme Court of Canada - The final court of appeal, the highest court in the land. It consists of nine justices appointed by the Governor General on the advice of the Prime Minister.
Canada has two legal traditions: English common law (used in nine provinces and the territories) and the Civil Code of Quebec, which is based on the French civil law tradition.
Key Notes
- The Supreme Court of Canada is the highest court with 9 justices
- Canada has four levels of courts
- English common law is used in 9 provinces and territories
- Quebec uses the Civil Code based on French civil law
- The rule of law is a foundation of Canada's legal system
Police and Rights of the Accused
There are three types of police in Canada:
1. Municipal police - Responsible for law enforcement in cities and towns 2. Provincial police - Ontario and Quebec have provincial police forces (OPP and Sûreté du Québec) 3. Royal Canadian Mounted Police (RCMP) - The federal police force; also serves as the provincial or municipal police force in areas that do not have their own force
The RCMP is Canada's national police force and is famous worldwide. Officers are often called "Mounties."
In Canada's justice system, a person accused of a crime is presumed innocent until proven guilty. Everyone has the right to: - A fair and public hearing by an independent court - Be informed promptly of the charges - Retain and instruct counsel (a lawyer) without delay - Reasonable bail unless there is a justified reason to detain - A trial within a reasonable time
Key Notes
- RCMP is Canada's national police force (Mounties)
- Three types of police: municipal, provincial, and RCMP
- Accused persons are presumed innocent until proven guilty
- Ontario has the OPP; Quebec has the Sûreté du Québec
- Everyone has the right to retain a lawyer without delay