Anaya Nolan
Canada's legal system is pluralistic, with roots in the English common law system, the French civil law system, and Indigenous law systems. The country's constitution, which includes written text and unwritten conventions, is the supreme law. While public opinion does play a role in shaping certain aspects of the legal system, such as through opinion polls that gauge public perception of the criminal justice system and influence policy priorities, the primary sources of law in Canada are acts passed by the Parliament of Canada and provincial legislatures. These acts are published in the Canada Gazette, a federal government publication that includes new statutes and regulations.
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What You'll Learn
Public opinion on the Canadian legal system's foundations
The legal system of Canada is pluralist, with foundations in the English common law system, the French civil law system, and Indigenous law systems. The Constitution of Canada is the supreme law of the country, consisting of written text and unwritten conventions. While the Constitution is the foundation of Canada's legal system, public opinion plays a role in shaping various aspects of the law and its enforcement.
Public opinion in Canada has shown a preference for a tough approach on crime and criminal justice. For instance, in 1994, 73% of Canadians polled felt that the government did not deal harshly enough with criminals, while only 15% responded that the government's approach was correct. In 1998, an Environics poll indicated that 57% of Canadians considered crime prevention a priority, while 37% favoured law enforcement. There is also support for harsher sentences for youth offenders (77%) and deporting non-citizen offenders (77%). However, it is important to note that the priority for harsher sentences has decreased by 5% since 1994.
Canadians have expressed mixed levels of confidence in their criminal justice institutions. While law enforcement enjoys relatively high confidence, with 86% indicating some trust in local police and 83% in the RCMP, the courts attract lower confidence levels, with only 52% expressing faith. The parole system is the least trusted, with 72% of Canadians indicating little or no trust. Additionally, only 20% of Canadians have a lot of confidence in the Supreme Court, and confidence in the provincial court system is even lower at 12%.
Public opinion also influences the legislative process in Canada. The Constitution Act, 1982, allows for amendments to the constitution by joint action of federal and provincial legislatures, reflecting a shift from earlier practices where most amendments required the Parliament of the United Kingdom. This change likely reflects a desire for more direct representation and input from Canadian legislators and, by extension, the Canadian public.
Overall, while public opinion is not a direct source of law in Canada, it plays a significant role in shaping criminal justice policies and priorities and influences the legislative process through representative democracy. Canadian law, therefore, reflects a combination of foundational legal traditions and the evolving will of the people.
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Public perception of crime and justice
Public opinion is an important factor in shaping the law and justice system in Canada. The country's legal system is pluralist, with foundations in the English common law system, the French civil law system, and Indigenous law systems. The Canadian Constitution, consisting of written text and unwritten conventions, is the supreme law of the land. While the Constitution outlines the fundamental rights and freedoms of Canadians, public opinion plays a significant role in how these laws are interpreted and applied in practice.
In contrast, law enforcement agencies like the local police and the RCMP (Royal Canadian Mounted Police) enjoy higher levels of public confidence. According to a survey, 86% of Canadians have some confidence in their local police, and 83% express similar sentiments towards the RCMP. This trust in law enforcement may be influenced by the public's perception that the government does not deal harshly enough with criminals. A 1994 Gallup poll found that 73% of Canadians held this view, although this percentage has declined over the years.
Canadians have also expressed their priorities for the justice system. In 1998, 57% of respondents in an Environics survey considered crime prevention a priority, while 37% prioritized law enforcement. There is strong support for harsher sentences for young offenders and deporting non-citizen offenders, both at 77%. Additionally, Canadians support social programs for youths (71%), keeping lawbreakers in prison (65%), and community policing (62%).
When it comes to sources of information about crime and justice, Canadians find Statistics Canada and academic research the most credible, with 59% and 57% credibility ratings, respectively. Television and print news media are less trusted, and government officials are seen as the least credible, with only 31% finding them believable. These perceptions shape how the public interprets and interacts with the justice system, influencing their trust in institutions and support for various initiatives.
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Public opinion on human rights laws
Human rights in Canada have been under increasing public attention and legal protection since World War II. Inspired by its involvement in the creation of the Universal Declaration of Human Rights in 1948, Canada has developed a legal framework for human rights that includes constitutional entitlements and statutory human rights codes at both the federal and provincial levels.
The Canadian Charter of Rights and Freedoms, enacted in 1982, guarantees political, mobility, and equality rights, as well as fundamental freedoms such as freedom of expression, assembly, and religion for private individuals and some organisations. These rights are enforced through legal actions in criminal and civil courts, with an independent judiciary upholding the right to a fair and public trial.
Public opinion polls indicate varying levels of confidence in Canada's criminal justice institutions. While law enforcement and the RCMP maintain high overall public confidence, there is less trust in the courts, prison system, and parole boards. Canadians have also expressed concerns about the government's perceived leniency towards criminals, with a majority perceiving a lack of harshness in dealing with criminal matters.
In terms of specific human rights issues, there have been concerns regarding religious freedom, particularly in publicly funded religious education, limitations on religious freedom, state religious neutrality, and conflicts between anti-discrimination laws and religiously motivated discrimination. The funding of separate and publicly funded schools in certain provinces has been deemed discriminatory by the UN Human Rights Committee, which found Canada in breach of the equality provisions of the International Covenant on Civil and Political Rights.
Canada has also been proactive in addressing disability rights, with laws such as the Canada Evidence Act and the Employment Equity Act, which aim to increase representation and provide support for persons with disabilities. Additionally, federal benefits like the Canada Disability Savings Grant and the Disability Tax Credit are available to eligible individuals.
The country also recognises the rights of individuals with respect to gender identity and expression. For example, the Ontario Health Insurance Plan recently funded gender-affirming surgery for an individual who had accused the organisation of discrimination.
Overall, Canada's human rights laws provide for equal rights, protection from violence and discrimination, and redress for violations. The government generally cooperates with human rights commissions and allows independent monitoring by non-governmental human rights observers.
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Public opinion on the Canadian Constitution
The Canadian Constitution comprises core written documents and provisions that are constitutionally entrenched, taking precedence over all other laws and placing substantive limits on government action. These include the Constitution Act of 1982, the Canadian Charter of Rights and Freedoms, and the Constitution Act of 1867, formerly known as the British North America Act.
The Constitution Act of 1982, proclaimed into law by Queen Elizabeth II, includes the Canadian Charter of Rights and Freedoms, which enshrines the rights and freedoms of Canadians and ensures their preservation and enhancement. It also guarantees the equality of rights for both sexes and the freedom of thought, belief, opinion, and expression. Additionally, it grants every Canadian citizen the right to vote and ensures that legislative bodies are subject to a maximum duration.
The Constitution Act of 1867 establishes Canada as a constitutional monarchy and federal state, outlining the legal foundations of Canadian federalism. It also recognises the rights of individuals in New Brunswick to communicate with and receive services from governmental institutions in either English or French.
Public opinion plays a role in shaping the Canadian Constitution, with some individuals expressing dissatisfaction through acts of civil disobedience. For example, in 1983, art student Peter Greyson protested the federal government's decision to allow US missile testing in Canada by pouring red paint over a copy of the 1982 constitutional amendment, resulting in charges of public mischief.
Public opinion polls also provide insight into Canadians' perceptions of various institutions, including the criminal justice system. According to a 1998 Environics poll, confidence in the Supreme Court of Canada has declined, with only 20% of Canadians expressing high confidence. Similarly, the provincial court system and legal professionals, such as judges and lawyers, have low confidence ratings.
Canadians' views on the government's handling of criminal justice vary, with some believing the government is too lenient, while others feel it is too harsh. The dynamic 'living tree' doctrine, as described by Robert Frost, reflects the changing, adapting, and growing nature of Canadian constitutional law, setting it apart from the static nature of American constitutional law.
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Public opinion on the Canadian court system
According to a 1998 Environics poll, 20% of Canadians expressed a lot of confidence in the Supreme Court of Canada, down from 28% in 1988. The provincial court system fares even worse, with only 12% of Canadians expressing a lot of confidence. Support for judges and lawyers is also low, at 11% and 7%, respectively. A different poll from the same year shows that 52% of Canadians have at least some confidence in the courts, while a more recent Angus Reid Institute poll from 2020 indicates waning confidence in the police and courts, with half of Canadians believing crime is rising in their communities.
The Canadian public's perception of the criminal justice system is also reflected in their views on law enforcement and the government's handling of criminals. In 1994, 73% of Canadians polled felt that the government was not dealing harshly enough with criminals, while only 15% approved of the government's approach. By 1998, the dissatisfaction rate had decreased to 63%, and the approval rate had increased to 24%.
Public support for the court system is critical to its institutional legitimacy. Research has found that court support in Canada is influenced by various factors, including education levels, perspectives towards equality, support for other government institutions, and overall satisfaction with democracy. As judges rely on other branches of government to enforce their rulings, understanding the public's support for judicial power and the court's legitimacy is essential for upholding democratic norms.
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Frequently asked questions
Acts passed by the Parliament of Canada and by provincial legislatures.
The Constitution of Canada, which consists of written text and unwritten conventions.
Contempt of court.
86% of Canadians surveyed indicated that they are somewhat confident in their local police.
Only 52% of Canadians express at least some confidence in the courts.
