SERVING CANADIANS C ANADA’ S S YSTEM of J USTICE PURL: https://www.legal-tools.org/doc/9c01a1/ Published by authority of the Minister of Justice and Attorney General of Canada Government of Canada by Communications Branch Department of Justice Canada Ottawa, Ontario K1A 0H8 www.canada.justice.gc.ca ©Her Majesty the Queen in Right of Canada, represented by the Minister of Justice and Attorney General of Canada, 2005 Library and Archives Canada Cataloguing in Publication Main entry under title : Canada’s system of justice Rev. ed. Text in English and French on inverted pages. Title on added t.p.: Le système de justice au Canada. ISBN 0-662-68904-6 Cat. no. J2-23/2005 JUS-645 1. Law – Canada. 2. Justice, Administration of – Canada. I. Canada. Dept. of Justice. II. Title : Le système de justice au Canada. KE444.C32 2005 349.71 C2005-980099-2E PURL: https://www.legal-tools.org/doc/9c01a1/ SERVING CANADIANS C ANADA’ S S YSTEM of J USTICE PURL: https://www.legal-tools.org/doc/9c01a1/ Note to reader: This booklet provides general information about Canada’s justice system. It is not intended as legal advice. If you have a legal problem, you should consult a lawyer or other qualified professional. PURL: https://www.legal-tools.org/doc/9c01a1/ CONTENTS Introduction . 1 What is the Law? . 2 • Why do we need laws? . 2 • What other goals do laws achieve? . 2 • Public law and private law . 3 Where Our Legal System Comes From. 4 • The common-law tradition . 4 • The civil-law tradition. 4 • Aboriginal traditions . 5 • Parliament. 5 Keeping the Law Up to Date . 7 • Law reform . 7 • Changing laws . 7 The Canadian Constitution . 8 • What type of government is described by our Constitution?. 8 • What is a federal system? . 9 Rights and Freedoms in Canada . 11 • The role of the Canadian Charter of Rights and Freedoms. 11 • What rights does the Charter protect? . 12 • Fundamental freedoms . 12 • Democratic rights . 12 • Mobility rights . 13 • Legal rights. 13 • Equality rights . 14 • Language rights . 14 • Minority-language educational rights. 15 • Aboriginal rights . 15 • Other rights. 15 The Judicial Structure . 16 • How the courts are organized . 16 • What do the federal courts do? . 16 • Provincial and territorial courts . 17 • Administrative boards and tribunals . 18 C ANADA’ S S YSTEM of J USTICE I PURL: https://www.legal-tools.org/doc/9c01a1/ Civil and Criminal Cases. 19 • How do civil cases proceed?. 19 • What happens at a civil trial? . 20 • Decisions in civil cases . 20 • How do criminal cases proceed? . 21 • What happens in a criminal trial?. 22 • Victims of crime. 22 • Decisions in criminal cases . 23 • Can a decision be appealed? . 23 • How does restorative justice fit in? . 24 • Youth justice . 24 The Role of the Public . 26 • What are our duties under the law? . 26 • Jury duty . 26 • Testifying in court . 27 • Knowing the law. 27 II C ANADA’ S S YSTEM of J USTICE PURL: https://www.legal-tools.org/doc/9c01a1/ INTRODUCTION The law affects nearly every aspect of Another purpose of this booklet is to our lives every day. On the one hand, we suggest that we need to take a wider view have laws to deal with crimes such as of the law. Laws are often thought of as robbery or murder and other threats and commands, but they are more than that. challenges to society. On the other hand, A law balances individual rights with laws regulate common activities such as the obligations that people share as driving a car, renting an apartment, members of society. For example, when getting a job or getting married. a law gives a person a legal right to drive, it may also restrict that right Understanding the law, and the ideas with traffic laws, and make it a duty for and principles behind it, is every her or him to know how to drive. Canadian’s business. This booklet will help readers understand what the law is, Our legal system functions well when where it comes from, what it is for, and people both understand their legal rights how it operates. It does not give and live up to their legal responsibilities. complete answers to these questions, In fact, the basis of much of our law is but offers a brief outline of Canada’s common sense. But before we can create laws and the whole justice system. new laws or change old ones, we need to understand the basic principles of our legal heritage. C ANADA’ S S YSTEM of J USTICE 1 PURL: https://www.legal-tools.org/doc/9c01a1/ WHAT IS THE LAW? Why we need laws Laws help to ensure a safe and peaceful society in which people’s rights are Almost everything we do has a set of respected. The Canadian legal system rules. There are rules for games, for respects individual rights, while at the social clubs, for sports and for the work- same time ensuring that our society place. Rules of morality and custom tell operates in an orderly manner. An essen- us what we should and should not do. tial principle is that the same law applies to everybody, including the police, Rules made by government are called governments and public officials, who “laws.” Laws are meant to control or must carry out their public duties change our behaviour and, unlike rules according to the law. of morality, they are enforced by the courts. If you break a law – whether you What other goals do like that law or not – you may have to laws achieve? pay a fine, pay for the damage you have done, or go to jail. In Canada, laws not only govern our conduct; they are also intended to carry Ever since people began to live together out social policies. For example, laws in society laws have been necessary to provide for benefits when workers are hold that society together. Imagine the injured on the job, for insurance when chaos – and the danger – if drivers just workers are unemployed, for health care, chose which side of the street to drive and for loans to students. on. Imagine trying to buy and sell goods if no one had to keep promises or fulfill Laws are also aimed at ensuring fairness. contracts. Imagine trying to hold onto By recognizing and protecting basic your personal property or even to keep individual rights and freedoms, such as yourself safe if there were no laws against liberty and equality, our laws ensure that robbery or assault. stronger groups and individuals do not use their powerful positions to take Even in a well-ordered society, people unfair advantage of weaker groups have disagreements, and conflicts arise; or people. the law provides a way to resolve disputes peacefully. If two people claim the same Our legal system, based on a tradition piece of property, rather than fight they of law and justice, gives Canadian society turn to the law and the courts to decide a valuable framework. The rule of law, who is the real owner and how the freedom under the law, democratic owner’s rights are to be protected. principles, and respect for others form the foundations of this important heritage. 2 C ANADA’ S S YSTEM of J USTICE PURL: https://www.legal-tools.org/doc/9c01a1/ Public law and private law Private law, also called “civil law,” deals with the relationships between Laws can be divided into public and individuals. Civil laws set the rules for private law. Public law is concerned contracts, property ownership, the with matters that affect society as a rights and obligations of family whole. It includes criminal, constitu- members, damage to someone or to tional and administrative law. Public their property caused by others and so laws set the rules for the relationship on. A civil case is an action between between the individual and society or private parties, primarily to settle for the roles of different governments. private disputes. For example, if someone breaks a criminal law, it is regarded as a wrong against society as a whole. C ANADA’ S S YSTEM of J USTICE 3 PURL: https://www.legal-tools.org/doc/9c01a1/ WHERE OUR LEGAL SYSTEM COMES FROM The common-law tradition cannot be found in any code or body of legislation, but exists only in past deci- Canada’s legal system derives from sions. At the same time, common law various European systems brought to is flexible and adaptable to changing this continent in the 17th and 18th cen- circumstances. turies by explorers and colonists. Although the indigenous peoples whom The civil-law tradition the Europeans encountered here each had their own system of laws and social The tradition of.