Difference between revisions of "Fundamentals of Canadian Law"

{{REVIEWEDPLS | reviewer = [[People's Law School]]|date= February 2023}}{{Learning about the Law Wikibook TOC}}{{Law-Related ESL Badge

In this section, you will learn about Canada's laws, your rights and responsibilities, and how the laws are made.  

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

As well, Indigenous laws exist. They operate at the same time as common law and civil law in Canada. Indigenous legal systems were disrupted by colonialism. Indigenous communities across the country are rebuilding their distinct laws in a variety of ways.  

The people who are Indigenous to Canada belong to three groups — First Nations, Métis, and Inuit. Indigenous Peoples have lived on these lands for thousands of years. When settlers arrived, there were many distinct Indigenous societies. Each had its own thriving systems of government and laws, cultures, and languages.  

Governments have started to accept responsibility for how their actions hurt Indigenous Peoples. This is due to the efforts of Indigenous Peoples. All Canadians are called to a lifelong process of reconciliation.  

For newcomers to Canada, a first step is to learn the truth about past and present injustices. You should also learn about the Nations on whose land you live and work. Learn about their histories, cultures, languages, and the issues facing them today.  

The constitution is the highest law in the Canadian legal system. Governments must respect it whenever they pass a law, make a policy, or have day-to-day dealings with us.  

The constitution states that the '''rule of law''' is one of Canada’s founding principles. This principle recognizes that we need laws to manage society. They help us live together peacefully.  

The rule of law means that no one is above the law. Everyone — including politicians, police officers, and wealthy individuals — must obey the law. All Canadians must respect the law even if they disagree with it. This means you must obey a law even if you don’t like it.  

Canada’s constitution includes the ''Charter of Rights and Freedoms'' (often called the "Charter"). It highlights key '''freedoms''' all Canadians enjoy. For example, 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  

The Charter also sets out '''equality rights'''. Everyone in Canada has the right to the equal protection and benefit of the law, without '''discrimination'''. This means that the laws in Canada must be applied equally to all people, regardless of personal characteristics such as race, sex, sexual orientation, age, or disability (among others).

Canada's laws help protect you against unfair discrimination when you (among other things):

* use public services  

* buy or rent a home  

* look for a job  

To discriminate against someone means to treat them badly or unfairly because of certain parts of their identity. These include:  

* race, colour, ancestry, Indigenous identity, or place of origin  

* age  

* sex, sexual orientation, or gender identity or expression  

* marital or family status  

* religion  

* physical or mental disability  

That all said, the reality is that people living in Canada are not always treated equally. For example, women often face wage discrimination. The law says this is not okay.  

As well, there are laws, policies, and practices that create and uphold discrimination. This is called '''systemic discrimination'''. For example, antiIndigenous racism is embedded in many of our laws and institutions. Governments are starting to come to terms with this. In BC, the Office of the Human Rights Commissioner works to shift discriminatory laws, policies, and cultures.

The law offers you protections, such as from discrimination and unfair treatment by others. The law also places '''responsibilities''' on you.  

In a similar way, your freedom of religion means you must also respect the beliefs of others. You must respect the rights of other people even if you don’t like or don’t approve of those rights.  

You also have responsibilities to the community as a whole. Because you can make use of social services in Canada, you must pay your share of the taxes that finance those services. Canadian laws aim to balance rights and responsibilities.  

* be a Canadian citizen,  

* be at least 18 years old on election day, and  

* be on the voters’ list.  

To vote in a British Columbia election, you must also have lived in the province for the six months before voting day. To find out how to get on the voters list for a federal election, go to Elections Canada at elections.ca.  

When Canadians vote, they give consent to the party that wins the election to make the laws.  

The elected politicians can propose new laws or '''bills'''. A bill is what a law is called before it becomes a law. These bills are debated to decide whether or not they should become laws. The goal of the debate is to explore all possible effects of a bill, both good and bad. After the debate, there is a vote. If the majority of our elected representatives vote for the bill, it can become a law.

If someone wants to change a law, they can work with other Canadians to seek change through peaceful means. Canadians write letters, organize political protests, work with political parties, or join groups of people who have the same ideas as they do. Working in this way, groups may succeed in persuading the government to change a law. Changing a law takes a lot of time and work but Canadians believe that peaceful change is best.  

The '''federal government''', called the government of Canada, acts for the whole country. The elected representatives of the federal government are members of Parliament, often called MPs. They meet in Ottawa. The leader of the federal government is called the prime minister.

The Parliament in Ottawa has two sections: the House of Commons and the Senate. The House of Commons is where members of Parliament debate and vote in order to make laws. The purpose of the Senate is to review proposed laws to make sure they are the best they can be.  

Provinces and territories have their own governments. British Columbia, like other provinces, has a '''provincial government'''. In BC, the elected representatives of the provincial government are members of the Legislative Assembly, often called MLAs. They meet at the legislature in Victoria. The leader of the provincial government is called the premier.

Each level of government makes laws on what they are responsible for. The federal government has the power to make laws that affect the whole country. Examples are citizenship and immigration laws, and criminal laws.  

Provincial governments, such as the province of British Columbia, have the power to make laws that apply only in that province. Examples are landlord and tenant laws, and most laws about employment.  

The provincial governments can give some of their responsibilities to municipalities.  

===Canada has a king===

King Charles III, who lives in Britain, is the king of Canada. But the king and his representative in Canada, the governor-general, are the '''symbolic''' heads of Canada. It is the elected representatives (described above) who have political power and make laws in Canada.  

Indigenous Peoples have the '''inherent right to self-determination'''. The source of this right is not Canadian law. Indigenous Peoples have been self-determining for thousands of years. Indigenous communities have their own ways of organizing themselves and resolving disputes.

When Europeans arrived, they forced foreign systems of governance on Indigenous Peoples. Indigenous communities are working to regain control over matters that are essential to their ways of life. Each community has unique needs and goals.