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The Canadian legal system has its foundation in the British common law system, inherited from being a part of the Commonwealth. Quebec, however, still retains a civil system for issues of private law. Both legal systems are subject to the Constitution of Canada, from which all laws formally derive their power. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The Commonwealth of Nations as of 2007 Headquarters Marlborough House, London, UK Official languages English Membership 53 sovereign states Leaders - Queen Elizabeth II - Secretary-General Kamalesh Sharma Appointed 24 November 2007 Establishment - Balfour Declaration 18 November 1926 - Statute of Westminster 11 December 1931 - London Declaration 28 April 1949 Area - Total...
This article is about the Canadian province. ...
For other uses of civil law, see civil law. ...
The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ...
Constitution of Canada
- See also: Constitution of Canada
The Constitution of Canada is the supreme law in Canada. It is an amalgam of codified acts and uncodified traditions and conventions. The core parts are found in the Constitution Act, 1867 (formerly the British North America Act), which outlines the system of government and the powers of the federal and provincial governments, among other matters. The Constitution also includes the Constitution Act, 1982, which contains the Charter of Rights and Freedoms, an entrenched bill of rights. The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ...
The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ...
An Act of Parliament or Act is law enacted by the parliament (see legislation). ...
For the entry on the naval ship U.S.S. Constitution, see: USS Constitution. ...
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ...
The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), constitutes a major part of Canadas Constitution. ...
A form of government (also referred to as a system of government) is a social institution composed of various people, institutions and their relations in regard to the governance (or government) of a state. ...
The Constitution Act, 1982 (Schedule B of the Canada Act 1982 (U.K.)) is a part of the Constitution of Canada. ...
The Charter, signed by Prime Minister Pierre Trudeau in 1981. ...
A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ...
Legislation Acts of law passed by the Parliament of Canada and the provincial legislatures are the primary sources of law in Canada. The power of each government to create legislation is found in the Constitution Act, 1867 which enumerates the valid subject matter that either government may create. An Act of Parliament or Act is law enacted by the parliament (see legislation). ...
Regions Political culture Foreign relations Other countries Atlas Politics Portal The Senate Chamber of Parliament Hill in Ottawa. ...
The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), constitutes a major part of Canadas Constitution. ...
Laws passed by the federal government are initially announced in the Canada Gazette, a regularly published newspaper for new laws and regulations. They are then published annually as the Annual Statutes of Canada. From time to time the government will consolidate all current laws into a single consolidation of law known as the Revised Statutes of Canada. The most recent consolidation was in 1985. The Canada Gazette is an official publication by the government of Canada that publishes all laws and Orders in Council issued by the government. ...
The Statutes of Canada (S.C.) consists of the compilation of all the federal laws of Canada passed by the parliament of Canada since Confederation in 1867. ...
Laws passed by the provinces follow a similar practice. The laws are announced in a provincial gazette, published annually and consolidated from time to time.
Legal traditions
Common law All provinces and territories within Canada, excluding Quebec, follow the common law legal tradition. Equally, courts have power under the provincial Judicature Acts to apply equity. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ...
As with all common law countries, English-Canadian law follows the system of stare decisis. All courts must follow the decisions of the more senior courts. The inferior and superior courts of the provinces are not bound by the courts of any other provinces. However, their decisions are treated as a persuasive source of law and are often followed as if binding; only the Supreme Court of Canada has authority to bind all courts in the country with a single ruling. The busier courts, such as Ontario Court of Appeal, for example, are often looked to for guidance on many local matters of law outside the province, especially in matters such as evidence and criminal law. Stare decisis (Latin: , Anglicisation: , to stand by things decided) is a Latin legal term, used in common law systems to express the notion that prior court decisions must be recognized as precedents, according to case law. ...
The Ontario Court of Appeal is headquartered in downtown Toronto, in historic Osgoode Hall. ...
The law of evidence governs the use of testimony (e. ...
The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ...
When there is little or no existing Canadian decision on a particular legal issue and it becomes necessary to look to a non-Canadian legal authority, English court decisions, especially those of England's Court of Appeal and the House of Lords, are almost always used. The exception comes for questions involving certain legal fields such as constitutional law and privacy law where United States court decisions are more favoured because historic American judges were the legal pioneers of these specialized areas where England's judiciary had made little or no comment. Decisions from other Commonwealth nations are also treated as persuasive sources of law, as well as decisions from the United States.
Due to Canada’s historical connection with the United Kingdom, decisions of the House of Lords before 1867 are still binding on Canada unless they have been overturned by the Supreme Court of Canada. Equally, Canada is still bound by the decisions of the Privy Council before the abolishment of appeals in 1949. Nonetheless, decisions from both of these bodies, even after sovereignty, are still held in high esteem and are considered very persuasive by the courts. This article is about the British House of Lords. ...
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...
Quebec's civil law system For historical reasons, Quebec has a hybrid legal system. Private law follows the civil law tradition, originally expressed in the Coutume de Paris as it applied in what was then New France. Today, the jus commune of Quebec is codified in the Civil Code of Quebec. As for public law, it was made that of the conquering British nation after the fall of New France in 1760, that is the common law. It is important to note that the distinction between civil law and common law is not based on the division of powers set out in the Constitution Act, 1867. Therefore, legislation enacted by the provincial legislature in matters of public law, such as the Code of Penal Procedure, should be interpreted following the common law tradition. Likewise, legislation enacted by the federal Parliament in matters of private law, such as the Divorce Act, is to be interpreted following the civil law tradition and in harmony with the Civil Code of Quebec. Because of Quebec's unique legal system, lawyers trained in either common law or civil law may not practice in Quebec without undergoing further training in one or the other legal system. To meet Wikipedias quality standards, this article or section may require cleanup. ...
For other uses of civil law, see civil law. ...
Capital Quebec Language(s) French Religion Roman Catholicism Government Monarchy King See List of French monarchs Governor See list of Governors Legislature Sovereign Council of New France Historical era Ancien Régime in France - Royal Control 1655 - Articles of Capitulation of Quebec 1759 - Articles of Capitulation of Montreal 1760 - Treaty...
Jus commune or ius commune is Latin for common law. ...
The Civil Code of Québec (Code civil du Québec) is the civil code in force in the province of Quebec, Canada. ...
This article or section does not adequately cite its references or sources. ...
The Constitution Act, 1867 (formerly called the British North America Act, 1867, and still known informally as the BNA Act), constitutes a major part of Canadas Constitution. ...
Areas of law
Criminal law - See also: Criminal law in Canada
The enactment of criminal law is under the exclusive jurisdiction of the federal government, a situation which contrasts to that in the United States, and which is a notable reversal of the usual pattern of strong Canadian provinces and weak American states; this means that Canada has one Criminal Code that is applicable throughout the country. The provinces separately promulgate "quasi-criminal" or regulatory offences in a variety of administrative and other areas. The administration of justice and penal matters are under the jurisdiction of the provinces, so each province administers most of the criminal and penal law via provincial and municipal police forces. Criminal law in Canada is under the exclusive jurisdiction of the federal government. ...
The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ...
A state of the United States (a U.S. state) is any one of the fifty states (four of which officially favor the term commonwealth) which, along with the District of Columbia, form the United States of America. ...
A Criminal Code is a compilation of government laws that outline a nations criminal offenses, and the maximum and minimum punishments that courts can impose upon offenders when such crimes are committed. ...
Prior to the enactment of the Canadian Charter of Rights and Freedoms in 1982, it was fairly common for a provincial law to be challenged on the grounds that it was a criminal statute, and thus ultra vires or beyond the province's legislative authority. For example, several provincial acts attempting to restrict pornography, prostitution, and abortion procedures were struck down as being enactments of criminal law. The Charter, signed by Prime Minister Pierre Trudeau in 1981. ...
Civil law The area of civil law in Canada encompasses numerous areas of law that involve disputes between parties, which includes individuals, corporations, and government. Parties will seek remedies from the court in contractual matters, tort disputes, and property law cases, among others. This article is about civil law within the common law legal system. ...
Look up remedy in Wiktionary, the free dictionary. ...
Canadian contract law has its foundation in the English legal tradition of the 19th and early 20th century. ...
Tort law in Canada concerns the treatment of the law of torts within the Canadian jurisdiction. ...
Property law in Canada is the body of law concerning the rights of individuals over land, objects, and expression within Canada. ...
Procedural law Procedural law in Canada encompasses several aspects of the justice system. The laws of evidence regulate the admissibility of evidence in courts and tribunals. The level of government which sets these rules depends on who has jurisdiction over the particular area of law. The functioning of the Courts is regulated by the laws of civil procedure which are codified in each province's civil procedures rules. The law of evidence governs the use of testimony (e. ...
Courts in Canada - See also: Court system of Canada
The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. The Court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. ...
The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ...
The Canadian legal system has its foundation in the British common law system which it inherited from being a part of the Commonwealth. ...
Prior to 1949, cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom, and some cases bypassed the Supreme Court of Canada entirely. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...
Criminal trial courts (often called "superior" courts) and apellate courts are referred to as "Section 96" courts, in reference to the Constitution Act, 1867, s. 96, which grants the federal government the power to appoint the judges of these courts. By contrast, judges in courts that only exercise the jurisdiction of the province (sometimes called "inferior" courts and often called "provincial" courts) are appointed by the province. Typically, appeals from provincial courts go to the superior court of the province. Further appeals would go to the appeal court, and then in limited circumstances on to the Supreme Court of Canada. Each province has an appellate court, as does each territory. While the judges in Section 96 courts are appointed through a federal process, the courts are administered (and paid for) by the provinces.
The Federal Court of Canada and Federal Court of Appeal, unlike other superior courts, were created by statute and have jurisdiction over a small number of issues that fall under the federal constitutional scope (for example, immigration, admiralty (maritime law), patents and copyright). Notably, the bulk of the Federal Court and Federal Court of Appeal's work involves judicial review of federal tribunals, boards, and commissions. In some cases, the Federal Courts' jurisdiction is made exclusive by statute. In other areas, the superior courts may exercise concurrent jurisdiction over the underlying subject matter, and proceeding in either court may provide certain advantages to a party. The Federal Court is Canadas federal trial court that hears cases arising under certain federal Acts. ...
The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts. ...
Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ...
See also Wikibooks has a book on the topic of Canadian law World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ...
The Statutes of Canada (S.C.) consists of the compilation of all the federal laws of Canada passed by the parliament of Canada since Confederation in 1867. ...
The following is a List of Acts of Parliament of Canada passed since 1867. ...
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Image File history File links Wikibooks-logo-en. ...
Wikibooks logo Wikibooks, previously called Wikimedia Free Textbook Project and Wikimedia-Textbooks, is a wiki for the creation of books. ...
External links | | | Sources of law | Constitution, federal statutes, provincial statutes |
 | | Core areas of law | Constitutional law, Administrative law, Criminal law, Contract law, Tort law, Property law | | Other areas of law | Aboriginal law, Family law, Immigration and refugee law, Labour and employment law, Copyright law, Trade-mark law, Patent law | | Courts | Supreme Court, Federal Court (Appeal), Courts of Appeal, Superior courts, Provincial courts | | Education | Law school, Law School Admission Test, Call to the bar | |
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