The Justice System

Canada's justice system rests on the rule of law: the same laws apply to everyone, including the government. The Constitution and the Charter of Rights and Freedoms are the supreme law of Canada.

Two legal traditions

Canada is a bijural country: - Common law — inherited from England and used across most of Canada for private and civil matters. - Civil law — used in Quebec, based on the French Civil Code. - Criminal law is federal and uniform across all provinces and territories.

Charter rights of the accused

When you are charged with an offence, the Charter guarantees that you are: - Presumed innocent until proven guilty in a fair, public hearing. - Entitled to a trial within a reasonable time. - Entitled to retain and instruct counsel (a lawyer) without delay. - Protected from unreasonable search and seizure. - Protected from being compelled to testify against yourself.

The court hierarchy

• Provincial and territorial courts handle most criminal cases and smaller civil matters.
• Provincial and territorial superior courts try the most serious cases — murder, complex civil disputes, family law.
• Federal courts decide matters of federal jurisdiction: immigration, intellectual property, tax disputes.
• The Supreme Court of Canada is the final court of appeal. Its nine justices — at least three of whom must be from Quebec — are appointed by the Governor General on the advice of the Prime Minister.

Policing

Policing in Canada operates at three levels: - Royal Canadian Mounted Police (RCMP) — the federal police force, founded in 1873. The RCMP also contracts to act as the provincial police in eight provinces and the three territories. Their famous red serge uniform is recognized worldwide. - Provincial police — Ontario and Quebec maintain their own forces (the Ontario Provincial Police and the Sûreté du Québec). - Municipal police serve larger cities and many towns.

Living under the rule of law

Canadians have a duty to respect the rights of others and to obey the law even when they disagree with it. Lawful disputes are settled through the courts, elections, and protected freedom of expression — never through violence.