Cecily Zamora
Canada's legal heritage is founded on the rule of law, freedom under the law, democratic principles, and respect for others. As Canadian society has evolved, laws have been amended to reflect changing social norms and address new situations. For instance, the Canadian Criminal Code, first enacted in 1892, has since been updated to include computer offences. Canada's legislative process involves all three parts of Parliament: the House of Commons, the Senate, and the Monarch, who is represented by the Governor General. Proposed legislation is introduced as a bill, which can be amended or used to create new laws. If a bill passes its second reading, it is sent to a Parliamentary Committee, which studies it and may make changes before it is voted on. Once passed by both Chambers, it goes to the Governor General for Royal Assent and becomes law. This process allows for the creation and modification of laws to reflect the evolving needs and values of Canadian society.
| Characteristics | Values |
|---|---|
| Basis of Canadian legal heritage | Rule of law, freedom under law, democratic principles, respect for others, and Indigenous customs and traditions |
| Who can create laws | Parliament and provincial and territorial legislatures |
| How laws are changed | Legislation must be approved by all three parts of Parliament: the House of Commons, the Senate, and the Monarch or their representative, the Governor General |
| How laws are proposed | Proposed legislation is introduced in Parliament in the form of a bill |
| How laws are reviewed | A Parliamentary Committee studies the bill, holds public hearings, and may make changes before reporting it back to the Chamber |
| How laws are approved | The bill is subject to a final debate and vote, and if passed, it is sent to the other Chamber for the same process, then to the Governor General for Royal Assent |
| How laws are enforced | Laws can come into force on a day set by the Governor in Council, and are supported by regulations that are also enforceable by law |
| Examples of recent changes | Legalization of same-sex marriage, introduction of physician-assisted death, supervised injection sites, and changes to the bail system |
| Examples of future changes | New tax on foreign tech companies, changes to the federal carbon tax, and dental insurance program updates |
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What You'll Learn
The role of Parliament
Canada's legislative process involves all three parts of Parliament: the House of Commons (elected lower Chamber), the Senate (appointed upper Chamber), and the Monarch (Head of State, represented by the Governor General). These three parts work together to create new laws.
Proposed legislation is introduced in Parliament in the form of a bill, which provides the basis to amend or repeal existing laws or put new ones in place. Proposed policy is developed by the Government and is then presented to Cabinet for approval to draft a new bill. If the bill passes the second reading, it is sent to a Parliamentary Committee, which studies it in depth, holds public hearings to hear views, and may make changes to the bill. When a committee has finished its study, it reports the bill back to the Chamber. During the report stage, Parliamentarians can also make amendments to the bill. The bill is then subject to a final debate and vote. If the bill passes the vote, it is then sent to the other Chamber, where it goes through the same process.
Once the bill has been passed in the same form by both Chambers, it goes to the Governor General for Royal Assent and then becomes Canadian law. The law becomes enforceable once it comes into force. Laws can come into force on a day or days set by the Governor in Council (the Governor General, on the advice of the federal Cabinet). Regulations provide support to the new laws and are enforceable by law. The Minister or the Governor in Council, on Treasury Board advice, reviews and approves the making of the final regulations. The regulations are made once the Minister signs the regulations' covering order or once the Governor General signs the regulations' Order in Council.
Parliament and provincial and territorial legislatures often pass laws to give departments or other government organizations the authority to make specific laws called regulations. Regulations carry out the purposes of general laws or expand on them and have the force of law.
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The Canada Gazette
The Gazette is published in three parts. Part I is published each Saturday and contains public notices, official appointments, and proposed regulations, as well as miscellaneous notices from the private sector that are required to be published by federal statute or by regulations. Part II is published every other Wednesday and includes regulations: Statutory Instruments (SI) and Statutory Orders of Regulation (SOR). Part III is published with the text of any new laws immediately after they have received Royal Assent and was first published in 1974.
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Indigenous customs and traditions
Canada is a multi-juridical country with common law, civil law, and Indigenous laws. Indigenous law in Canada refers to the legal traditions, customs, and practices of Indigenous peoples and groups. There are over 900 different Indigenous groups in Canada, each with its own legal traditions. For example, the Secwépemc nation has its own set of laws and teachings, often in the form of traditional oral stories.
Indigenous laws are not uniform across Canada, and each individual nation has different laws and teachings. These laws are derived from various sources, including sacred stories, oral traditions, customs, and positive/man-made laws. A common theme throughout most Indigenous legal traditions is the idea that the law is interconnected and intertwined. These laws were flexible and adaptable, emphasizing personal and community balance.
Indigenous communities created laws to prevent or minimize conflict and address it through sanctions motivated by healing, reconciliation, and reintegration. While there were Elders and respected leaders who might judge the truth of an incident, law enforcement was decentralized and aspired to be fulfilled within kinship networks.
Indigenous law is distinct from Aboriginal law, which is the constitutional protection of Indigenous Peoples' rights under the Canadian Constitution, governing Aboriginal-Crown relationships. Section 35 of the Constitution Act, 1982, recognizes Aboriginal and treaty rights, including inherent rights to self-government. The Canadian government has affirmed its commitment to rebuilding Indigenous nations, upholding their rights, and recognizing their self-determination and self-governance.
The Canadian legal landscape is shifting to include Indigenous ways of knowing, being, and doing. Indigenous legal traditions, practices, customs, and beliefs are increasingly being considered and applied in various areas of law, such as Aboriginal title, treaty interpretation, self-government, and family law. This transformation is evident in cases like Tsilhqot’in Nation v. British Columbia, where the court recognized Aboriginal title and the Indigenous perspective on their territory.
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The court system
Canada's court system is a four-level hierarchy, with each court bound by the rulings of the courts above them. The Supreme Court of Canada presides over the entire system and is the final court of appeal for all levels of court in Canada. Any legal issue, whether under the Constitution of Canada, federal law, or provincial law, can be heard and determined by the Supreme Court.
The Constitution of Canada gives the federal Parliament of Canada exclusive jurisdiction in criminal law, while the provinces have exclusive control over much of civil law. Each province has authority over the administration of justice within that province. Most cases are heard in provincial and territorial courts, which have inherent jurisdiction over civil and criminal cases. Provincial and territorial lower courts try most criminal offences, small civil claims, and some family matters.
The smaller federal court system consists of the Federal Court, Federal Court of Appeal, and Tax Court. The Federal Court has concurrent jurisdiction with the provincial superior courts over claims against the federal government and reviews the constitutional validity of federal laws. The Federal Court of Appeal hears appeals from decisions rendered by the Federal Court, the Tax Court of Canada, and a group of federal administrative tribunals.
There are also courts martial for military offences, with an appeal to the Court Martial Appeal Court of Canada. The jurisdiction of the Federal Court and the Federal Court of Appeal is limited to cases within federal jurisdiction and regulated by federal law. These matters include immigration and refugee law, navigation and shipping, intellectual property, federal taxation, some competition law, and national security.
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The legislative process
Canada's legislative process involves all three parts of Parliament: the House of Commons (elected lower chamber), the Senate (appointed upper chamber), and the Monarch (Head of State, represented by the Governor General in Canada). These three parts work together to create new laws.
Proposed policies are developed by the Government and presented to Cabinet for approval to draft a new bill. A bill is a proposed piece of legislation that provides the basis to amend or repeal existing laws or put new ones in place. If the bill passes its second reading, it is sent to a Parliamentary Committee, which studies it in depth, holds public hearings to hear views, and may make changes to the bill. When a committee has finished its study, it reports the bill back to the Chamber. During the report stage, Parliamentarians can also make amendments to the bill. The bill is then subject to a final debate and vote. If the bill passes the vote, it is then sent to the other Chamber, where it goes through the same process.
Once the bill has been passed in the same form by both Chambers, it goes to the Governor General for Royal Assent and becomes Canadian law. The law becomes enforceable once it comes into force. Laws can come into force on a day or days set by the Governor in Council (the Governor General, on the advice of the federal Cabinet). Regulations provide support to the new laws and are enforceable by law.
The Minister, for Ministerial regulations, or the Treasury Board, for Governor in Council regulations, reviews and approves the draft regulations for publication, with or without changes. The approved draft regulations are published in the Canada Gazette, Part I. The Canada Gazette is the official newspaper of the Government of Canada. It contains information such as formal public notices, official appointments, and proposed regulations. It is also a consultative tool, providing Canadians with the opportunity to provide their comments on the proposed regulations. Comments are taken into consideration, and the draft regulations are updated and finalized. The Minister or the Governor in Council, on Treasury Board advice, reviews and approves the making of the final regulations. The regulations are made once the Minister signs the regulations' covering order or once the Governor General signs the regulations' Order in Council.
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Frequently asked questions
To change a law in Canada, a proposed policy is first developed by the Government and presented to the Cabinet for approval to draft a new bill. The bill is then introduced in Parliament, where it goes through a process of readings, studies, and votes in both the House of Commons and the Senate. If the bill passes in both Chambers, it goes to the Governor General for Royal Assent and becomes a law.
As society evolves, laws must also adapt to remain relevant and effective. For example, old laws against theft did not anticipate identity theft or online harassment. Therefore, laws are updated to address new situations and reflect changing values and circumstances. This includes changes to family law, such as the legalization of same-sex marriage, and criminal law, such as the addition of computer offences.
In 2024, Canada introduced several new laws, including changes to the bail system, new timelines for the dental insurance program, a new tax on foreign tech companies, and adjustments to the federal carbon tax. These changes reflect evolving societal needs and priorities, such as addressing financial barriers to dental care and promoting environmental sustainability.
