Canada's justice system guarantees everyone due process under the law and, in criminal matters, rests on the presumption of innocence — everyone is innocent until proven guilty. Understanding the system means knowing the principles behind the laws, the structure of the courts, the role of the police, and how to find legal help.
FoundationsPrinciples of justice
Canada's legal system grows out of a heritage that includes the rule of law, freedom under the law, democratic principles and due process — the idea that the government must respect all of the legal rights a person is entitled to under the law. Responsibilities are divided so that no one body holds all the power: laws are made by elected representatives, the courts settle disputes, and the police enforce the laws.
Remember this
- The system guarantees everyone due process under the law.
- It is founded on the presumption of innocence in criminal matters — innocent until proven guilty.
- The law applies to everyone, including judges, politicians and the police.
The courtsHow courts are structured
At the top sits the Supreme Court of Canada, the country's highest court, while the Federal Court of Canada deals with matters concerning the federal government. Most provinces have both an appeal court and a trial court — the latter sometimes called the Court of Queen's Bench or the Supreme Court.
Below these are specialized courts for everyday matters: provincial courts for lesser offences, along with family courts, traffic courts, and small claims courts for civil cases involving small sums of money.
Law enforcementThe role of the police
The police keep people safe and enforce the law, and you can ask them for help in many situations. Policing is shared across levels of government: Ontario and Quebec have their own provincial police forces, and municipal police departments operate in all provinces.
The Royal Canadian Mounted Police (RCMP) enforce federal laws throughout Canada and serve as the provincial police in every province and territory except Ontario and Quebec, as well as in some municipalities. If you have concerns, you can question the police about their service or conduct — almost all police forces have a process to bring concerns forward and seek action.
SupportGetting legal help
Lawyers can help you with legal problems and act for you in court. If you cannot pay for a lawyer, most communities offer legal aid services free of charge or at a low cost.
Now put it to the test
You've read the guide. Try 21 practice questions on The Justice System — one at a time, with instant feedback on every answer.