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The Canadian Legal System

The Canadian Legal System. What is the law?. Laws define our rights and responsibilities as citizens. Laws protect our property and our lives from criminals. We also have the right to oppose unjust laws through legal means.

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The Canadian Legal System

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  1. The Canadian Legal System

  2. What is the law? • Laws define our rights and responsibilities as citizens. • Laws protect our property and our lives from criminals. • We also have the right to oppose unjust laws through legal means. • Canada’s legal system is based on English common law and statutory law

  3. The Canadian Justice System • The legislature makes the laws. • The police enforce them. • The courts interpret the laws. • Prisons carry out the punishments

  4. The Court System Provincial Courts • Each province has a court system designed to administer justice in Canada. • The supreme courts handle indictable offences where trials are conducted by a judge or judge and jury • The lower courts handle summary offences where trials are conducted by judges or justices of the peace • The appeal court hears cases where the findings of a lower court are being challenged based on an error of law made during the trial

  5. The Court System The Supreme Court of Canada • The highest level of appeal for all legal issues in Canada • It doesn’t have to hear every case brought before it. • It has had increased importance because of the Charter of Rights and Freedoms as people challenge existing Canadian laws. • Supreme court decisions can only be changed with a constitutional amendment.

  6. Civil Law • These laws deal with conflicts between individuals or groups over property, personal relationships or contracts. • Examples: compensation for injuries, divorce, child custody, defamation of character, tenant and landlord disputes • The plaintiff is the person claiming harm, loss or injury to self or property. • The person being sued and accused of wrongdoing is the defendant.

  7. Criminal Law • These laws deal with matters that affect society as a whole. • Examples: murder, theft, drug offences, youth offences, sexual offences, assault, firearms, riots • The lawyers representing the Crown are the prosecution. • The lawyers representing the accused person are the defence.

  8. Principles of Criminal Law • Presumption of innocence • The Criminal Act: prosecution must prove that the accused committed a crime under Canadian law. • Mens Rea: prosecution must also prove that the accused intended to commit a criminal act.

  9. Penal System • When the accused is found guilty of a crime, the judge must sentence the offender. • Possible sentences include: • Fines paid to the court or restitution paid to the victim • Community service • Probation • Jail • Prisoners serving sentences of less than 2 years go to provincial prisons. • Those serving longer sentences go to federal prisons. • Canadian penal system is based on the principle of rehabilitation.

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