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Canada’s justice system rests on a simple promise: the same laws apply to everyone, and disputes are settled peacefully in court rather than by force. This is a short chapter, but test questions often turn on small distinctions — such as which two provinces have their own police force.
Three core principles
- Rule of law — no one is above the law, not judges, not politicians and not the police.
- Presumption of innocence — in a criminal case, the accused is treated as innocent until guilt is proven. The accused does not have to prove innocence.
- Due process — the government must respect every legal right a person is entitled to. It protects people from unfair treatment by the state.
Canada has a system of written laws made by elected representatives. Laws keep order in society, give people a peaceful way to resolve disputes and reflect the values Canadians share. The familiar statue of Justice wearing a blindfold stands for impartiality: the law weighs the facts, not who you are.
Who does what
| Task | Who does it |
|---|---|
| Make laws | Elected representatives |
| Enforce laws | Police |
| Settle disputes and decide guilt | Courts |
| Punish offenders and deter crime | Prisons |
The courts
- Supreme Court of Canada — the highest court in the country and the last place a case can be appealed.
- Federal Court of Canada — hears cases involving the federal government. It is not the top court.
- Provincial courts — in most provinces a case is first heard in a trial court, and a decision can be appealed to the province’s court of appeal. Some provinces call their trial court the “Supreme Court,” but it is still a provincial court.
- Provincial courts also handle everyday matters such as family law, traffic violations and minor offences.
- Small claims courts — resolve civil disputes over modest sums of money, such as an unpaid bill, through a simpler and faster process.
The police
| Force | Where it works |
|---|---|
| RCMP (Royal Canadian Mounted Police) | Enforces federal laws everywhere in Canada. Serves as the provincial police in every province except Ontario and Quebec, as the police in all three territories, and in some municipalities. |
| Provincial police | Only Ontario and Quebec have their own. |
| Municipal police | Cities and towns in every province. |
Contact the police if you witness a crime, are robbed or assaulted, are in an accident, or if someone goes missing. Police officers must obey the law too, and almost every police force has a way for the public to complain about an officer’s conduct.
Getting legal help
A lawyer can give you advice and represent you in court. If you cannot afford one, most communities offer legal aid: free or low-cost legal services for people with limited income.
Common mix-ups
- Presumption of innocence vs due process. The first means “innocent until proven guilty”; the second means the state must respect all your legal rights. Related, but not the same.
- Supreme Court of Canada vs Federal Court. The Supreme Court of Canada is the highest court; the Federal Court deals with cases involving the federal government.
- Supreme Court of Canada vs a province’s “Supreme Court.” The provincial one is a trial court that only shares the name.
- Provincial police exist only in Ontario and Quebec. Alberta, British Columbia and the other provinces use the RCMP.
- The RCMP still enforces federal laws in Ontario and Quebec; it is simply not their provincial police.
- Roles don’t overlap: courts do not make laws, and police do not decide guilt.
- Legal aid vs jury duty. Legal aid is help you can receive; jury duty is a responsibility of citizens.