Kara Sears
Canada and the United States share similarities in their legal systems, as both are based on English common law. However, there are significant differences in their criminal justice systems, voting laws, and cultural attitudes towards issues like gun control and free speech. These differences have led some to argue that Canada appears more elitist and law-abiding than the US. For example, in Canada, individuals with felony convictions can still vote, and there is only one federal criminal code across the country. Canada's Charter of Rights and Freedoms also includes group rights for certain protected communities, and employees typically cannot be fired without cause or notice. In contrast, the US has more relaxed free speech laws and places a higher value on gun ownership. These differences contribute to the perception of Canada as more elitist and law-abiding in comparison to the US.
| Characteristics | Values |
|---|---|
| Voting laws | In America, every citizen can vote unless they have a felony conviction. In Canada, citizens can vote regardless of felony convictions. |
| Hate speech laws | Canada has narrower hate speech laws than the US. |
| Gun laws | Canada has stricter gun control laws than the US. |
| Free speech | In Ontario, Canada, there are fines for using offensive language. In the US, citizens are protected by law from being fined for using offensive language. |
| Criminal law | In the US, criminal law varies from state to state. Canada has one federal criminal law and a Criminal Code that applies across the country. |
| Death penalty | 31 US states have the death penalty. The death penalty was abolished in Canada in the 1960s. |
| Prosecutors | In America, prosecutors act in the name of "the people". In Canada, prosecutors act in the name of "the Crown". |
| Individual rights | Canada's Charter of Rights and Freedoms includes "group rights" for certain protected groups, which does not exist in the US. |
| Employment | In the US, employees can be fired without reason or notice. In Canada, employees need a reason for dismissal, advance notice, or both. |
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What You'll Learn
Canada's hate speech laws are narrower than America's
Canada's hate speech laws are outlined in Sections 318 to 320.1 of the Criminal Code. Section 318 deals with the offence of advocating genocide, as seen in the deportation case of Mugesera v. Canada, where the Court found that the defendant, an immigrant from Rwanda, had made a speech during the Rwandan genocide calling for his listeners to kill members of the Tutsi ethnic group. Section 320.1 allows a judge to order the confiscation of hate propaganda stored electronically and to order that such propaganda made available to the public electronically be taken down.
Canada's hate speech laws have been used to prosecute individuals promoting hatred against identifiable groups. For example, in 2017, James Sears and LeRoy St. Germaine, the editor and publisher of a newsletter promoting rape legalization and Holocaust denial, were charged with the willful promotion of hatred against women and Jews. This was the first case in which a Canadian court found that women were the target of hate speech. In another case, a defendant with numerous Ku Klux Klan and Nazi tattoos was sentenced to jail time, with the judge citing the defendant's tattoos as evidence of "racist feelings and hate."
While Canada's hate speech laws provide some protection against inciting violence and hatred, they do not allow for the same level of free speech protection as in the United States. Individuals in Canada can be fined or prosecuted for using certain words or expressing certain views, even if they do not directly incite violence. This narrower interpretation of free speech may contribute to the perception that Canada is more law-abiding than the United States.
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Canada has more inclusive voting laws
Canada has a more inclusive voting system than the United States. In the US, every citizen can legally vote unless they have a felony conviction. In Canada, however, even those who have been convicted of felonies are allowed to vote. This means that Canada's voting laws are closer to maximum freedom policies.
Canada's voting history is complex, and the right to vote has been a centuries-long struggle to extend democratic rights to all citizens. Initially, only a select group of people could vote: men aged 21 or older who were British subjects by birth or naturalized citizens and owned property. These rules excluded the majority of the Canadian population, with only about half of adult males being able to vote. For many decades after 1867, and until 1920, a property-based qualification was required, which meant that voters had to own property of a certain value, pay rent, or make a certain annual income.
Women and Indigenous people were almost entirely excluded from voting, and few minorities were represented in the legislatures. While most restrictions on Catholic voting were removed by the 1830s, and slavery was abolished in 1834, barring all enslaved people from voting, it took much longer for women and Indigenous groups to gain the right to vote. In 1849, women were officially banned from voting in what is now Quebec and Ontario, and other provinces also passed laws banning women from voting. It wasn't until 1918 that most Canadian women gained the right to vote, but First Nations women could only vote if they gave up their status and treaty rights.
Other groups also faced voting restrictions. Conscientious objectors were deprived of their voting rights during the First and Second World Wars, and some Canadians were denied the vote if they were from an enemy nation or if their primary language was that of an enemy country. Métis and Inuit peoples were also excluded from voting until 1950.
Canada has taken steps to make voting more accessible to all citizens. In the 1980s and 1990s, Canadians with disabilities pushed for reforms, and the federal government passed legislation requiring polling stations to be wheelchair accessible. Mobile polling stations were also introduced to serve seniors and persons with disabilities. Additionally, expat Canadians can now vote in federal elections regardless of how long they have lived outside the country.
While Canada's voting laws have become more inclusive over time, there are still some restrictions in place. For example, the Chief Electoral Officer of Canada is unable to vote. However, compared to the United States, Canada's voting laws are more inclusive, particularly regarding individuals with felony convictions.
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Canada has stricter gun control laws
Canada's gun control laws have continued to evolve, with the introduction of firearm licensing in 1976, and further controls in the late 1970s and mid-1990s. In 1995, all firearms owners were required to possess a firearms licence, and in 2001, all firearms had to be registered with the Canadian Firearms Registry.
More recently, in 2020, the Canadian government banned "military-style weapons" and "assault-style weapons", prohibiting over 1500 models of firearms. In 2022, the government implemented a freeze on the sale and transfer of handguns, with plans for a gun buyback program.
Canada's gun laws are federally regulated, unlike in the US, where firearms are primarily regulated by the state. The Canadian Constitution also does not contain any protection for gun owners, unlike the US Constitution. These differences in legal frameworks contribute to Canada's reputation for stricter gun control.
The impact of Canada's gun control laws is evident in its homicide rates. While the overall homicide rate did not significantly decline immediately after the introduction of firearms licensing in 1976, there was a decrease in the number of homicides involving multiple victims. From 1977 to 2003, Canada's firearm homicide rate declined from 1.15 to 0.5 per 100,000 people.
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Canada's Charter of Rights and Freedoms includes group rights
Canada is often perceived as more law-abiding and elitist than the United States. While there are similarities between the two countries, such as their shared border and cultural ties, there are also significant differences in terms of their legal systems and societal values. One notable distinction is their respective approaches to individual rights and freedoms, as outlined in Canada's Charter of Rights and Freedoms.
Canada's Charter of Rights and Freedoms, enacted in 1982 as part of the Constitution Act, guarantees fundamental freedoms, democratic rights, legal rights, language rights, and equality rights. This includes group rights, which are rights that apply to specific communities or collectives within Canadian society. These group rights are a crucial aspect of the Charter and contribute to Canada's reputation for upholding the rule of law and promoting equality.
One example of group rights in the Charter is the recognition of cultural diversity and the promotion of multiculturalism. Section 27 of the Charter acknowledges that Canada is home to a variety of cultural groups and seeks to maintain and enhance this multicultural heritage. This section ensures that the rights and freedoms outlined in the Charter are interpreted in a way that respects and promotes cultural diversity. This includes the protection of aboriginal rights and freedoms, as well as the rights of denominational, separate, or dissentient schools.
Another illustration of group rights can be found in the language rights enshrined in the Charter. Specifically, it guarantees equal rights for the English-speaking and French-speaking communities in New Brunswick, with the provincial government bearing the responsibility to protect and promote these linguistic rights. This recognition of bilingualism and the rights of linguistic minorities is a distinctive feature of Canada's legal framework.
In addition to cultural and linguistic rights, the Charter also encompasses equality rights, which have led to the recognition and enforcement of the rights of minority and disadvantaged groups. This includes criminal matters, where the Charter clarifies the state's powers regarding the rights of the accused. By addressing systemic inequalities and ensuring equal protection under the law, Canada's Charter reinforces its commitment to social justice and non-discrimination.
While some critics, like Mandel, argue that the Charter primarily serves corporate and individual rights, the inclusion of group rights is undeniable. These rights empower diverse communities and ensure their representation and protection under Canadian law. This comprehensive approach to rights and freedoms contributes to Canada's reputation for lawfulness and its commitment to creating a just and inclusive society.
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Canada has a single federal criminal law and criminal code
The Criminal Code is the result of Canada's constitution, which grants the federal Parliament the power to create criminal laws. While the federal government holds this power, the provinces and territories are primarily responsible for enforcing the criminal law. This includes investigating and prosecuting offences and providing support to victims.
The convenience of the Criminal Code lies in its principle that no person can be convicted of a crime unless it is specifically outlined in a statute. This document has significantly influenced Canada's history and the formation of other legal acts and laws, such as the Controlled Drugs and Substances Act.
While the Criminal Code encompasses most criminal laws in Canada, it does not contain all of them. There are other federal laws with criminal components, such as the Firearms Act, the Youth Criminal Justice Act, and court decisions that contribute to the overall legal framework.
The Criminal Code of Canada, as a comprehensive and regularly updated legal document, plays a crucial role in maintaining public safety, security, peace, and order within Canadian society.
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Frequently asked questions
The American and Canadian legal systems have some fundamental differences, despite both being based on English common law. Canada has only one federal criminal law and a Criminal Code, whereas criminal law varies from state to state in the U.S. Canada's Charter of Rights and Freedoms includes "group rights" for certain protected groups, which does not exist in the U.S.
In America, citizens are not allowed to vote if they have a felony conviction. In Canada, citizens can vote regardless of felony convictions.
In Canada, hate speech laws are narrower, and one can be fined for using certain offensive words. In the U.S., citizens are protected by law from being fined for using offensive language.
Gun ownership is a cornerstone of American culture, and citizens can own guns to protect themselves. In Canada, gun restrictions are tighter, and citizens cannot legally defend themselves with a gun without being charged.
