Anaya Nolan
Canada's legal system is unique in that the Quebec Act of 1774 established two systems of law: the civil law system in Quebec and a common law system in all other provinces. The Constitution Act of 1867 brought Canada into being with a constitution similar in principle to that of the United Kingdom, and the Constitution Act of 1982 contains the Canadian Charter of Rights and Freedoms. The federal government, led by the Prime Minister, makes laws, while the courts interpret and enforce them. The Parliament of Canada is bicameral, with two chambers: the Senate and the House of Commons. Proposed legislation is introduced in one of these chambers, typically the House of Commons, and must be adopted by both chambers in identical form and receive royal assent to become law.
| Characteristics | Values |
|---|---|
| Number of political parties | 3 |
| Names of political parties | Liberal Party of Canada, Conservative Party of Canada, and New Democratic Party of Canada |
| Who makes the laws? | Federal and provincial governments |
| Who interprets and enforces the laws? | Courts |
| Who chooses the Prime Minister? | The Governor General |
| Who is the head of the federal government? | Prime Minister |
| Who is the Commander-in-Chief of the Canadian Armed Forces? | The Governor General |
| Who is the Head of State? | The Crown |
| Who is the representative of the Head of State? | The Governor General |
| Who has the exclusive jurisdiction to regulate matters relating to bankruptcy and insolvency? | The Parliament of Canada |
| Who has the exclusive power to legislate in matters related to Aboriginals? | Federal Parliament |
| Who has the power to make laws, raise taxes, and authorize government spending? | Parliament |
| Who proposes government legislation? | Minister |
| Who approves a bill before it becomes a law? | The Crown, the Senate, and the House of Commons |
| Who has the power to declare all or part of a law invalid? | The Supreme Court of Canada |
| Who ensures that the laws are consistent with the Constitution? | Courts |
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What You'll Learn
The Canadian Constitution
The Constitution Act of 1982, which includes the Canadian Charter of Rights and Freedoms, is the supreme law of Canada. It contains a procedure for amending the Constitution and stipulates that Canada's constitution includes that act, a series of thirty Acts and orders referred to in a schedule, and any amendments to those Acts. The Charter has placed a strong focus on the individual and collective rights of Canadians and has fundamentally changed much of Canadian constitutional law.
The Parliament of Canada is bicameral, with two chambers: the Senate and the House of Commons. Proposed government legislation is introduced in one of these chambers, usually the House of Commons, and must be adopted by both Houses in identical form to become law. The Parliament of Canada has exclusive jurisdiction in certain matters, such as regulating bankruptcy and insolvency through statutes like the Bankruptcy and Insolvency Act.
The law-making process in Canada involves several steps, from the legislative proposal stage to departmental planning, project-level management, and implementation. Making a new law can be achieved through obtaining Parliament's assent to a bill, making regulations, or other means such as agreements and guidelines.
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Provincial and Federal Governments
Canada's Parliament consists of three parts: the Crown, the Senate, and the House of Commons. Acts originate as bills, which are introduced in either the Senate or the House of Commons. Each of Parliament's three parts must approve a bill before it becomes law. The House of Commons also considers items of Private Members' Business, which are bills and motions proposed by members who are not cabinet ministers.
The federal government is headed by a prime minister, who is usually the leader of the ruling political party in the House of Commons. The prime minister chooses members of the federal cabinet from the elected parliamentarians, and these "ministers" oversee individual federal departments. The House of Commons is the only constitutionally authorized body to introduce legislation to raise or spend funds. Once a new law (a bill) or amendments to existing laws are voted on and approved by the House of Commons, the proposed legislation must then be debated and voted upon by the Senate.
The Constitution Act, 1867 assigns powers to the provincial and federal governments. Matters under federal jurisdiction include criminal law, trade and commerce, banking, and immigration. The federal government also has the residual power to make laws. The provinces are responsible for areas such as family law, health law, labour standards, education, social services, and housing.
Canada's legal system has two systems of law: the "civil law" governing those in Quebec and a common law system in all other provinces. The common law system of justice, similar to that in the US, relies on the historical record of court interpretations of laws over the years. The civil law system in Quebec uses court decisions to interpret the intentions and allowable authority of lawmakers, but also relies on a written Civil Code that sets out standards of acceptable behaviour or conduct in private legal relationships.
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The Canadian Parliament
The Parliament of Canada has exclusive jurisdiction over certain matters, such as regulating bankruptcy and insolvency through statutes like the Bankruptcy and Insolvency Act and the Winding-Up and Restructuring Act. Additionally, Section 91(24) of the Constitution Act, 1867, grants the federal parliament exclusive power to legislate in matters related to Aboriginals, including groups governed by the Indian Act and various treaties.
The process of law-making in Canada involves the introduction of bills, which are proposed pieces of legislation. Bills are typically introduced in the House of Commons by a minister and are then subjected to a detailed process of review, debate, examination, and amendment through both houses. Once a bill is passed by the House of Commons, it proceeds to the Senate for further debate and voting. This legislative process is often referred to as enactment, and it is how Parliament achieves governmental policy objectives.
Canada's legal system is unique due to the existence of two systems of law: the "civil law" system in Quebec and a common law system in all other provinces. The common law system is similar to that of the United States and relies on historical court interpretations, while the civil law system in Quebec uses court decisions to interpret the intentions of lawmakers and follows a written Civil Code.
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The Canadian Courts
Canada's court system is shaped like a pyramid, with the Supreme Court of Canada at the top. The Supreme Court is the ultimate court of appeal and has the final word on the interpretation of the law in the country. All lower courts are required to follow the Supreme Court's interpretations when dealing with similar matters. The Supreme Court can also declare all or part of a law invalid. However, only an act of Parliament or a legislature, acting within their respective areas of authority, can change the effect of the top court's interpretation.
The Canadian legal system respects individual rights and ensures an orderly society. It applies the same law to everyone, including the police, governments, and public officials. The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid. The Constitution defines and limits legislative authority (who makes the law), executive authority (who enforces the law), and judicial power (who interprets the law). It also includes the Canadian Charter of Rights and Freedoms, which outlines Canadians' rights and freedoms regarding speech, religion, democratic rights, mobility rights, equality rights, language rights, and legal rights.
The Parliament of Canada consists of three parts: the Crown, the Senate, and the House of Commons. It is bicameral, meaning it has two chambers: the upper house or Senate, and the lower house or House of Commons. Proposed government legislation is usually introduced in the House of Commons by a minister. Bills calling for the spending of public revenues or the imposition of taxes must originate in the House of Commons. Once introduced, a bill is subjected to a detailed process of review, debate, examination, and amendment through both Houses before receiving final approval. To become law, all legislation must be adopted by both Houses in identical form and receive royal assent.
The federal government is headed by the Prime Minister, who is usually the leader of the ruling political party in the House of Commons. The Prime Minister chooses members of the federal cabinet from the elected parliamentarians, and these "ministers" oversee individual federal departments. Canada has three principal political parties: the Liberal Party of Canada, the Conservative Party of Canada, and the New Democratic Party of Canada. The party that controls the most seats in the House forms the ruling government. The House of Commons is the only constitutionally authorized body to introduce legislation to raise or spend funds. Once a new law (a bill) or amendments to existing laws are voted on and approved by the House of Commons, the proposed legislation must be debated and voted on by the Senate.
Canadian courts are considered independent of the government. Elected politicians and bureaucrats cannot influence or dictate how the courts administer and enforce the law. While federal and provincial governments make the laws, the courts interpret and enforce them. In some cases, Canadian courts end up making new laws due to the way legislation is interpreted. A significant driving force for legislative and judicial change has been Canada's Charter of Rights and Freedoms, which imposes limits on government activity relating to Canadians' fundamental rights and liberties.
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Indigenous Law
Canada was founded on the original territories of over 900 different Indigenous groups, each with its own distinct legal traditions. The land in what is now known as Canada has always been subject to the laws and legal systems of Indigenous Peoples. Indigenous law survived the arrival of Europeans and the impacts of colonisation, as well as decades-long suppression, criminalisation, and denial of its existence by the Canadian government.
Canadian Aboriginal law, on the other hand, is the body of law concerning issues related to Indigenous Peoples in Canada. It provides certain constitutionally recognised rights to land and traditional practices for Indigenous groups. It enforces and interprets treaties between the Crown and Indigenous Peoples and manages much of their interaction. It is based on a variety of written and unwritten legal sources.
There has been a resurgence of Indigenous law across Canada in recent years, along with a growing demand for meaningful recognition and respect for Indigenous rights under Canadian law. Courts have been increasingly called upon to recognise and implement Indigenous laws within the Canadian legal system.
Indigenous or Aboriginal self-government refers to proposals to give governments representing Indigenous Peoples in Canada greater powers. These proposals range from powers similar to those of local governments to demands that Indigenous governments be recognised as sovereign, capable of "nation-to-nation" negotiations as legal equals to the Crown.
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Frequently asked questions
The Constitution is the highest law in Canada, and all other laws must be consistent with it to be valid.
The Parliament of Canada is bicameral and consists of the Crown, the Senate, and the House of Commons. All three parts must approve a bill before it becomes a law. The federal government is headed by a prime minister, who chooses members of the federal cabinet from the elected parliamentarians. These "ministers" oversee individual federal departments and are responsible for achieving governmental policy objectives through law.
There are two types of law in Canada: civil law and common law. Civil law is used in Quebec, and common law is used in all other provinces.
Provincial governments are responsible for laws including family law, health law, labour standards, education, social services, and housing.
