Fundamentals of Canadian Law

In this section, you will learn about:

• Canada's laws,
• your rights and responsibilities, and
• how the laws are made.

Canada's laws

Canada's laws express the values and beliefs of Canadian society. They aim to protect individuals and provide stability for society as a whole. They also aim to make sure there is a peaceful way to settle disputes.

Many Canadians have come to Canada from other countries. Some of these countries have laws and legal systems that are different from Canada's.

When people come to Canada, they bring ideas about the law that they learned in their own countries. They may be surprised to find there are many differences here. It is important for newcomers to know that the laws are not the same, and to understand the differences.

Where do Canadians get their ideas about the law?

Canada's legal system and political system first came from Britain. We also brought our ideas of personal rights and freedoms from Britain. In Quebec, parts of the legal system came from France.

Canada's constitution

The Canadian constitution is the set of rules that define the powers of the government and the rights of the people. It says how we want to govern ourselves and structure our society. The constitution includes the Charter of Rights and Freedoms (often called the “Charter”). The Charter lists Canadians’ most important rights and freedoms.

The constitution, which includes the Charter, is the highest law in Canada. This means that governments must respect it whenever they pass a law, make a policy, or have day-to-day dealings with us.

Rights and freedoms

A person’s rights and freedoms are very important to Canadians. All Canadians have some important freedoms. In Canada, you can:

• speak freely,
• believe in any religion or no religion,
• meet with or join any group, except a terrorist organization,
• live and work anywhere in Canada, and
• participate in peaceful political activities.

Legal rights

Everyone in Canada has legal rights. Some of your important legal rights are:

• the right to be thought of as innocent until proven guilty,
• the right to have a fair trial in court, and
• the right not to suffer cruel or unusual punishment.

All Canadians are equal

Equality is one of the most important values in Canada. Everyone in Canada is equal under the law. Laws in Canada apply to all people, including the police, judges, and those who work for the government.

People in Canada do not get better jobs because of the amount of money they have, their social class or gender. For example, in Canada, women can have the same jobs as men and all the same responsibilities.

Your rights

There are many Canadian laws that protect your rights. Laws about human rights are one example.

Canada’s human rights laws protect you against unfair discrimination when you:

• use public services,
• buy or rent a home,
• look for a job, or
• deal with any government agency.

Discrimination is against the law in Canada. To discriminate against someone means to treat him or her differently from other people in a way that is unfair. The law says that no one can discriminate against you because of your:

• gender,
• age,
• race or birthplace,
• your religion,
• sexual orientation (gay, lesbian, bisexual, transsexual or straight),
• your marriage or family status (single, married, or living common-law), or
• mental or physical disability.

For example: It is against the law to discriminate against women. Women in Canada are equal to men. They are equal partners in the family, in business, in law, and in government.

Racial discrimination is illegal in Canada. It is against the law for anyone to discriminate against you because of the colour of your skin, or the country you or your ancestors came from.

In law, the rules that set out the political and legal organization of a state. The power and authority of the governments, the legislative bodies, and the courts, as well as their limits, all stem from the constitution. In Canada, there are two primary constitutional documents, the Constitution Act, 1867 and the Constitution Act, 1982. The Charter of Rights and Freedoms is part of the Constitution Act, 1982.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."