Difference between revisions of "Fundamentals of Canadian Law"

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.

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.

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 ''[http://canlii.ca/t/8q7l 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.

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,

*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''.

 

''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.

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.

 

The law says that no one can discriminate against you because of your:

*gender,

*age,

*religion,

*sexual orientation (gay, lesbian,  bisexual, transsexual or straight),

*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.

==Your responsibilities==

In the same way that the law protects you from discrimination, the law says you have a ''responsibility'' to respect other people’s rights. For example, your right to freedom of religion means you must 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.

:'''For example''': Irena doesn’t approve of gay couples. Her culture and religion doesn’t accept them. However, in Canada, she cannot discriminate against them.

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.

:'''For example''': When you  rent  a  place to live, you have the right to the quiet enjoyment of your home. Your neighbours also have this right. This means you have a responsibility not to make noise that disturbs your neighbors. And your neighbors have a responsibility not to make noise that disturbs you.