Canada’s System of Justice – Key Vocabulary

Fifty vocabulary flashcards highlighting essential terms and concepts from the Department of Justice booklet 'Canada’s System of Justice'.

Rule of law

The principle that everyone—including government—must obey and is equally subject to the law.

Public law

Branch of law that governs relationships between individuals and society, including criminal, constitutional, and administrative law.

Private law

Also called civil law; regulates legal relationships and disputes between private individuals or organizations.

Common law

Unwritten judge-made law built on court precedents, used in every province except for Quebec in private matters.

Civil code

Comprehensive written set of legal rules; Quebec’s private law is based on a civil code modelled on the French Code Napoléon.

Precedent

A prior judicial decision that guides judges in deciding later similar cases.

Statute

A written law passed by Parliament or a provincial/territorial legislature; also called an Act or legislation.

Regulation

Detailed rule made under the authority of a statute by a government department or agency; has the force of law.

Constitution Act, 1867

Foundational statute that created Canada, established federal/provincial powers, and set up key institutions.

Constitution Act, 1982

Patriated Canada’s Constitution, added the amending formula, the Charter of Rights and Freedoms, and protected Aboriginal and treaty rights.

Canadian Charter of Rights and Freedoms

Constitutional document protecting fundamental freedoms, democratic, mobility, legal, equality, and language rights.

Section 1 (Reasonable Limits Clause)

Charter provision allowing governments to limit rights if limits are legal, justified in a free and democratic society, and proportionate.

Notwithstanding clause

Section 33 of the Charter permitting Parliament or a legislature to enact a law that operates despite certain Charter rights for up to five years.

Fundamental freedoms

Charter rights to religion, expression, peaceful assembly, and association.

Democratic rights

Charter protections of the right to vote, run for office, and requirement for regular elections and annual sittings of legislatures.

Mobility rights

Charter rights allowing citizens to enter, remain in, or leave Canada and to live or work in any province or territory.

Legal rights

Charter protections such as life, liberty, security of the person, fair procedures, privacy, and protection against unreasonable search or cruel punishment.

Equality rights

Charter guarantee that everyone is equal before and under the law and protected from discrimination on specified grounds.

Language rights

Charter provisions giving English and French equal status in Parliament and federal institutions and particular guarantees in New Brunswick.

Minority-language educational rights

Charter right of official-language minorities to have their children educated in their own language where numbers warrant.

Aboriginal rights

Inherent rights of First Nations, Inuit, and Métis peoples arising from historical occupancy and use of the land, affirmed in s. 35 of the Constitution.

Treaty rights

Specific rights set out in treaties between the Crown and particular Aboriginal groups, constitutionally protected in s. 35.

Federalism

System that divides legislative powers between a national Parliament and provincial/territorial legislatures.

Parliament of Canada

The federal legislative branch composed of the Monarch (Governor General), the Senate, and the House of Commons.

Royal assent

Formal approval by the Governor General (or Lieutenant Governor) that turns a bill passed by the chambers into law.

Cabinet

Group of ministers headed by the Prime Minister who direct executive government and propose most legislation.

Supreme Court of Canada

Canada’s highest court; hears appeals from appellate courts and provides authoritative rulings on constitutional and legal questions.

Superior court

Highest trial–level court within a province/territory, hearing serious civil and criminal matters and appeals from lower courts.

Provincial/Territorial court

Lower-level court that handles most criminal charges, family matters, traffic, and small civil claims.

Administrative tribunal

Specialized decision-making body (e.g., human-rights board, refugee board) that resolves disputes under specific statutes outside the regular courts.

Administrative law

Area of public law that regulates actions of governmental agencies and tribunals, ensuring fairness and legality.

Plaintiff

The party who initiates a civil lawsuit seeking a remedy against a defendant.

Defendant

The party being sued in a civil action or the person charged in a criminal case.

Pleadings

Written documents in a civil case that state the parties’ claims and defences and outline the issues for trial.

Discovery

Pre-trial process in which each party examines the other’s evidence and questions witnesses to clarify the case.

Balance of probabilities

Standard of proof in civil cases—courts decide in favour of the side whose version is more likely than not.

Proof beyond a reasonable doubt

High standard of proof the Crown must meet to secure a criminal conviction.

Damages

Monetary compensation awarded by a court to a plaintiff for loss or injury caused by the defendant.

Declaratory remedy

Court judgment that simply states the legal rights or obligations of the parties without ordering action or money.

Injunction

Court order requiring a person to do—or refrain from doing—a specific act.

Summary conviction offence

Minor criminal offence tried quickly in provincial court; maximum penalty usually six months’ jail and/or a $5,000 fine.

Indictable offence

Serious criminal offence (e.g., robbery, murder) with choice of trial by judge alone or judge and jury and more severe penalties.

Bail

Pre-trial release of an accused person on specified conditions; detention is justified only for strong reasons.

Habeas corpus

Charter-protected right to challenge the legality of detention before a court and obtain release if the detention is unlawful.

Restitution

Court order in criminal sentencing requiring an offender to reimburse the victim for quantifiable losses caused by the crime.

Restorative justice

Approach that brings together offender, victim, and community to repair harm, foster accountability, and prevent future offences.

Youth Criminal Justice Act (YCJA)

Federal statute governing 12- to 17-year-olds, emphasizing proportional accountability, rehabilitation, and privacy protections.

Jury duty

Civic responsibility of citizens summoned to serve as impartial decision-makers in criminal (12 jurors) or some civil (6 jurors) trials.

Subpoena

Court order compelling a person to appear in court or produce evidence under penalty of law.

Legal aid

Publicly funded program providing legal assistance to low-income individuals who meet financial and case-type criteria.

Remedy

Any court-ordered means of enforcing a right or redressing a wrong, such as damages, injunctions, or declarations.