Canada’s System of Justice – Key Vocabulary

Law-Making Process

• Canada is a federation: 10 provinces + 3 territories under a federal Parliament
• Statutes/Acts override common-law precedents on the same topic
• Federal bill sequence
– Policy study ➔ draft bill
– Cabinet approval
– First reading ➔ debate/committee ➔ votes in House & Senate (majority in each)
– Royal Assent by Governor General (Lieutenant-Governor for provinces)
• Regulations = detailed rules made by departments under authority of statutes; carry full legal force

Two Meanings of “Civil Law”

• System sense: code-based (e.g., Civil Code of Quebec) vs common law
• Subject-matter sense: private law (contracts, torts, family) vs public / criminal law

Law Reform & Alternative Justice

• Constant updates needed for new tech & social change (e.g., cybercrime)
• Informal dispute resolution: mediation, landlord-tenant boards, restorative justice
• Aboriginal Justice Strategy: diverts low-risk offenders, emphasizes community healing, avoids criminal records

Constitution of Canada

• Supreme law: Constitution Acts 1867 & 1982
• Establishes branches
– Executive: Queen ➔ Governor General ➔ Cabinet responsible to Parliament
– Legislative: Queen, Senate, House of Commons
– Judiciary: independent courts interpret/apply law
• Federal system: Parliament legislates on enumerated topics (trade, defence, criminal law, 3 territories); provinces on education, property, civil rights, hospitals, municipalities; municipalities & Aboriginal governments derive authority from provincial/federal laws or treaties
• Section 35: recognizes & affirms Aboriginal and treaty rights
• Bijuralism: common law + civil law (Quebec) — federal instruments drafted for both

Canadian Charter of Rights & Freedoms

• Part of Constitution 1982; overrides conflicting legislation
• Limits allowed under section 1 (important goal + proportional means) or s.33 notwithstanding clause (rare, renewable every 5 years)
• Protected categories
– Fundamental freedoms (religion, expression, assembly, association, press)
– Democratic rights (vote, run, elections at least every 5 yrs, legislatures sit yearly)
– Mobility (enter/leave Canada; live/work anywhere, with limited residency rules)
– Legal rights (life, liberty, security; presumption of innocence; fair trial; protection against unreasonable search, arbitrary detention, cruel punishment)
– Equality (no discrimination: race, origin, colour, religion, sex, age, disability, sexual orientation, etc.; allows affirmative programs)
– Language (English & French equal in federal institutions; parallel rights in NB, QC, MB; minority-language education where numbers warrant)
• Charter cannot diminish Aboriginal/treaty rights

Court Structure

• Levels
– Supreme Court of Canada (final appeal, constitutional references)
– Federal Court, Federal Court of Appeal, Tax Court, Court Martial Appeal
– Provincial: lower (provincial/territorial), superior trial, Courts of Appeal
– Nunavut: single-level trial court
• Judges: superior-court judges federally appointed; provincial judges appointed by provinces
• Administrative tribunals resolve specialized disputes; decisions reviewable by courts

Civil Cases (Private Suits)

• Stages: pleadings ➔ discovery ➔ trial
• Standard of proof: balance of probabilities (>50\% likelihood)
• Remedies
– Damages (compensatory; punitive in egregious cases)
– Declaratory judgments
– Injunctions (do / stop doing an act)
• ~98\% settle before trial

Criminal Cases (Public Prosecutions)

• Offences in Criminal Code / federal statutes
– Summary conviction (minor; max \$5{,}000 fine or 6 months)
– Indictable (serious; accused elects judge/ jury options; possible preliminary hearing)
• Charter protections: informed of charge, lawyer, reasonable bail, trial within reasonable time, exclusion of unlawfully obtained evidence, proof beyond reasonable doubt, silence/self-incrimination protections
• Sentencing factors: offence gravity, statutory range, denunciation, deterrence, rehabilitation, restitution
• Penalties: fine, restitution, probation, community service, imprisonment (>2 yrs federal, ≤2 yrs provincial), absolute/conditional discharge

Arrest, Bail & Trial Flow

• Police must state reason + right to counsel; bring before judge within 24 h
• Bail denied only on strong grounds (flight risk, public safety, confidence in justice)
• Accused may not be compelled to testify; prosecution bears burden

Appeals

• Parties may appeal errors in law, fact, sentence, or damages to higher courts; leave required in some cases
• Appellate court may affirm, vary, overturn, or order new trial