The Justice System
The Canadian justice system guarantees everyone due process under the law — everyone is innocent until proven guilty.
Foundations of Canada's justice system
Canada's legal system is based on a heritage that includes the rule of law, freedom under the law, democratic principles and due process. Due process is the principle that the government must respect all the legal rights a person is entitled to under the law. The law in Canada applies to everyone, including judges, politicians and the police. Canada inherits two main legal traditions: the common law tradition from England (used in all provinces except Quebec) and the civil law tradition from France (the Civil Code of Quebec governs private law in that province).
Criminal law and civil law
Canadian law is divided into two broad categories. Criminal law deals with offences against society — such as theft, assault, impaired driving, and drug offences — and is the responsibility of the federal government. A person accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. Civil law deals with disputes between individuals or organizations, such as contracts, property, family matters, and personal injury claims. In civil cases, a plaintiff sues a defendant; in criminal cases, the state (Crown) prosecutes the accused. Youth criminal justice: young people between 12 and 17 who commit offences are dealt with under the Youth Criminal Justice Act.
Courts
The Supreme Court of Canada is our country's highest court, with nine justices appointed by the Governor General on the advice of the Prime Minister. The Federal Court of Canada deals with matters concerning the federal government. In most provinces there is an appeal court and a trial court (sometimes called the Court of Queen's Bench or the Supreme Court of the province). There are also provincial courts that handle lesser offences, family courts, traffic courts, and small claims courts. Decisions of higher courts are binding on lower courts — this creates consistent, predictable law across the country.
Rights when arrested
If you are arrested, you have the right to be told why you are being arrested and to be informed of your right to consult a lawyer without delay. You have the right to remain silent — you are not obliged to answer police questions beyond identifying yourself in certain circumstances. You must be brought before a judge or justice of the peace within 24 hours or as soon as possible. No one can be held in custody for an unreasonable length of time without being charged or released. These rights come from the Canadian Charter of Rights and Freedoms (1982) and the common law right of habeas corpus, which dates back to 1215.
Jury duty
Every adult Canadian citizen has a civic duty to serve on a jury when called. A jury is a group of 12 citizens chosen to hear evidence in serious criminal cases and deliver a verdict of guilty or not guilty. In civil cases, juries of six or eight members may be used. A jury must reach a unanimous verdict in criminal cases. Serving on a jury is one of the most important responsibilities of citizenship — it ensures that ordinary citizens, not just judges, have a role in delivering justice. You may be excused from jury duty in certain circumstances, but generally you must attend if summoned.
Police
There are provincial police forces in Ontario (OPP) and Quebec (Sûreté du Québec), and municipal police departments in cities and towns across all provinces. The Royal Canadian Mounted Police (RCMP) enforce federal laws throughout Canada, and serve as the provincial police in all provinces and territories except Ontario and Quebec. The RCMP was established as the North West Mounted Police in 1873 by Prime Minister Macdonald. You can ask the police for help and also question the police about their service or conduct. Citizens may file complaints about police misconduct to independent civilian review bodies.
Getting legal help
Everyone in Canada has the right to consult a lawyer. Lawyers can help you understand your legal rights, draft documents, negotiate settlements, and represent you in court. If you cannot afford a lawyer, legal aid services are available in most communities free of charge or at a low cost. Law societies in each province regulate lawyers and can assist you in finding one. In addition, community legal clinics provide free advice on issues such as housing, employment, and social benefits. Immigration and refugee cases are handled by the Immigration and Refugee Board (IRB), a federal administrative tribunal.
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Key Facts
- •Everyone is innocent until proven guilty beyond a reasonable doubt — the presumption of innocence
- •Due process means the government must respect all legal rights a person is entitled to
- •The law in Canada applies to everyone — including judges, politicians and police
- •The Supreme Court of Canada is the country's highest court — nine justices
- •Criminal law is federal; civil law (contracts, property, family) is largely provincial
- •Quebec uses the Civil Code (French tradition); all other provinces use common law (English tradition)
- •If arrested: you have the right to know the reason, to remain silent, and to consult a lawyer without delay
- •The RCMP enforce federal laws and serve as provincial police in all provinces except Ontario and Quebec
- •Jury duty: 12 citizens deliver unanimous verdicts in serious criminal cases — a key civic responsibility
- •Legal aid services are available free of charge or at low cost in most communities
- •Youth aged 12–17 who commit offences are dealt with under the Youth Criminal Justice Act