Everyone in Canada is guaranteed due process by the justice system, which in criminal matters rests on the presumption of innocence — everyone is innocent until proven guilty. Knowing the system means knowing the principles behind the laws, who makes, applies and enforces them, how the courts are structured, what the police do, and where to find legal help.
FoundationsPrinciples of justice
The heritage behind Canada’s legal system includes due process, democratic principles, the rule of law and freedom under the law. Due process is the idea that government must respect every legal right a person holds under the law. The blindfolded figure of Lady Justice captures the ideal: the law is applied impartially, blind to everything except the facts.
Remember this
- Everyone is guaranteed due process.
- Criminal matters rest on the presumption of innocence — innocent until proven guilty.
- Due process means government must respect all the legal rights a person is entitled to.
- Judges, politicians and the police are subject to the law like everyone else.
LawsWhat laws are and who does what
An organized system of laws governs Canada; laws are written rules meant to guide people in society. Each branch has its job — elected representatives make the laws, the courts resolve disputes, and the police enforce them. Prisons round out the system, punishing criminals and deterring crime.
Laws serve three purposes: to bring order to society, to give a peaceful means of resolving disputes, and to voice Canadians’ values and beliefs.
Who does what
- Elected representatives make the laws.
- Courts settle disputes.
- Police enforce the laws.
- Prisons punish criminals and deter crime.
The courtsHow courts are structured
The Supreme Court of Canada sits at the top as the country’s highest court, and the Federal Court of Canada handles matters involving the federal government. Most provinces run both a trial court — sometimes styled the Court of Queen’s Bench (or, in some provinces, the Supreme Court) — and an appeal court.
Beneath them sit courts for everyday matters: provincial courts for lesser offences, plus family, traffic and small claims courts, the last of which hear civil cases over small sums of money.
Remember this
- Highest court: the Supreme Court of Canada.
- Federal government matters: the Federal Court of Canada.
- Most provinces: an appeal court and a trial court (Court of Queen’s Bench or Supreme Court).
- Lesser offences: provincial courts. Small civil claims: small claims courts.
Law enforcementThe role of the police
The police keep people safe and enforce the law. You can turn to them in many situations — after an accident, a theft or an assault, if you witness a crime, or if someone you know is missing.
Policing is shared across levels of government. Ontario and Quebec have their own provincial police forces, and municipal police departments operate in every province. Federal laws are enforced across the country by the Royal Canadian Mounted Police (RCMP), who also act as provincial police in every province and territory except Ontario and Quebec, plus some municipalities.
You may also question the police about their conduct or service — almost every force has a process for raising concerns and seeking action.
Remember this
- Provincial police forces: Ontario and Quebec only.
- Municipal police in all provinces.
- RCMP: federal law everywhere; provincial police everywhere except Ontario and Quebec.
- You can raise concerns about police conduct or service.
SupportGetting legal help
Lawyers help with legal problems and represent you in court. If paying for one is beyond you, most communities provide legal aid free of charge or at low cost.
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