Canada is a young country, but it has a legal system rich in tradition. Common law, which is used in all provinces except Quebec, is based on principles that were developed in medieval England. The principles of Quebec's civil law date back even further, to the Roman Empire, and reflect many of the precepts of French law.

These traditions form the basis of Canada's legal heritage. Over time, they have been adapted to meet Canadian needs. The courts interpret the law in a way that reflects changing conditions and circumstances.

The Canadian Constitution

Canada's Constitution is the supreme law of the country, and it establishes the framework for the system of law and justice. It sets out the basic rights of individuals in Canada, and defines the nature and powers of the federal and provincial governments.

The System of Government

Under Canada's federal system of government, the authority to make laws is divided between the Parliament of Canada and the provincial legislatures.

The federal Parliament deals with matters that affect all of Canada, such as interprovincial trade and commerce, national defence and criminal law. As well, the federal government has responsibility for Aboriginal people and lands reserved for Aboriginal people.

The provincial legislatures have the authority to make laws in such areas as education, property rights, the administration of justice, hospitals, municipalities and other local or private matters. In addition, the provinces may create local or municipal governments that can deal with matters such as parking regulations or local building standards.

The Charter of Rights and Freedoms

In 1982, the Canadian Charter of Rights and Freedoms became a fundamental part of the Canadian Constitution. The Charter sets out the basic rights and liberties of each person in Canada, which must be respected by all governments. Anyone who believes these rights have been violated may apply to the courts for redress. The courts may declare any federal or provincial law to be of no force or effect where it is not consistent with the Charter.

The Charter protects rights and liberties in the following areas:

• fundamental freedoms -- including freedom of expression, religion, association and peaceful assembly
• democratic rights -- the right to vote in elections and to be eligible to run for public office
• mobility rights -- the right to travel, live and work anywhere in Canada
• language rights -- for instance, the right to receive services from the federal government in either of Canada's two official languages, English or French
• equality rights -- guaranteeing protection against discrimination based on race, national or ethnic origin, religion, colour, sex, age, or mental or physical disability
• legal rights -- including the rights to life, liberty and security of the person; to consult a lawyer if arrested; to stand trial within a reasonable period of time; to be presumed innocent until proven guilty; and to be protected against unreasonable searches, arbitrary imprisonment and cruel or unusual punishment
• minority language education rights -- the right of Canadians who are part of the French or English minority of a province to have their children educated in their own language.

The Constitution also specifically recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada.

International Law

Canada is also governed by the rules of international law, whether based on custom or on treaty. Many issues cannot be dealt with domestically and may require the cooperation of several governments. Some examples are transboundary pollution, fishing of straddling or migratory stocks, international money laundering, and trade issues.

Legislation and Regulation

Within the limits set out by the Constitution, laws can be made or changed by means of written statutes enacted by Parliament or a provincial or territorial legislature.

Any Member of Parliament or a legislature may propose a new law, but most new laws are put forward by the government in power. A proposed law must be presented for consideration by all members, who study and debate it. The proposal becomes a statute only if it is approved by the majority. Federal laws must be approved by both Houses of Parliament: the House of Commons and the Senate.

Common Law and Civil Law

The laws that deal with private matters between individuals, such as property ownership, family responsibilities and business transactions, vary from province to province. This area of law is based on common law in nine of Canada's 10 provinces. Common law is a system based on judgments made by courts, which become "precedents" that establish the underlying principles of the law.

The law in Quebec, however, is based on a written code (the Code civil), which contains general principles and rules for different types of situations. When a case is considered under civil law, the judge looks first to this written code for guidance and then to the precedents set by earlier decisions.

Although the approach used in common law is different from that in civil law, the resulting decisions are often much the same.

The Courts

Canada's laws are interpreted and applied by the courts, which are presided over by judges whose independence is guaranteed. Each province is responsible for establishing its own courts, which deal with matters arising under both federal and provincial law. In addition, the federal Parliament has established a number of courts of specialized jurisdiction and a general court of appeal, the Supreme Court of Canada.

The court system of each province is generally divided into two levels. At the first level is the Provincial Court, which deals with most criminal offences. This level may also include Small Claims courts, which deal with private disputes involving limited sums of money, and Youth and Family courts. Judges at this level are appointed by the provinces.

At the second level is the provincial Superior Court, which deals with the trial of the most serious criminal and civil cases. Above this level of court is the provincial Court of Appeal, which hears appeals from the lower courts. Judges at these levels are appointed by the federal government.

The Parliament of Canada established the Federal Court to deal with claims against the federal government (as do the provincial Superior Courts). The Federal Court also deals with such matters as patents, copyright and maritime law, appeals from federal boards and tribunals, and appeals from the Tax Court of Canada, which has jurisdiction in federal revenue matters.

The highest court in the country is the Supreme Court of Canada. This court hears appeals from the provincial and federal appeal courts. Its decision is always final.

In addition, both the provinces and the federal government have established a number of specialized boards and tribunals that deal with such matters as broadcasting licences, safety standards and labour relations.

Law Enforcement

The Royal Canadian Mounted Police (RCMP), maintained by the federal government, is Canada's national police force. The RCMP enforces many federal statutes, with particular emphasis on criminal and narcotics laws.

The RCMP is the sole police force in the Yukon and the Northwest Territories. Eight provinces employ the RCMP to carry out provincial policing responsibilities within their borders, such as highway patrol and assisting municipal police forces in the investigation of serious crimes. The provinces of Ontario and Quebec have their own police forces.

Some municipalities employ a local police force. Where no municipal force exists, local services are provided by either the federal or the provincial police force.

Legal Advice

The legal profession is regulated by the provincial and territorial law societies, which determine standards for admission to practise in each province and territory.

All provinces and territories operate publicly funded legal aid programs, providing legal advice at little or no cost to persons of limited means. The specific requirements for using these programs differ from province to province, but in each case their purpose is the same: to ensure that everyone can have access to proper legal representation when necessary, regardless of financial circumstances.