The justice system is one of the shorter parts of Discover Canada, but it can give you easy points on the test if you know the small differences. This guide explains the main ideas in plain English: the principles behind the system, the courts, the police, how to get legal help, and your duty to serve on a jury. For a short summary, see the Justice System chapter.
The big idea: the same laws for everyone
Canada has an organized system of written laws, and elected representatives make them. Laws do three main jobs: they keep order in society, they give people a peaceful way to settle disputes, and they reflect the values and beliefs that Canadians share.
Canadian law comes from several sources. These include laws passed by Parliament and the provincial legislatures, English common law, the civil code of France, and an unwritten constitution inherited from Great Britain. Canada’s tradition of ordered liberty goes back about 800 years, to Magna Carta, which was signed in England in 1215.
You may have seen the statue of Justice wearing a blindfold. The blindfold means that justice is impartial: the law looks at the facts of a case, not at who the person is.
Four principles to know
| Principle | What it means | In everyday terms |
|---|---|---|
| Rule of law | No person or group is above the law. Individuals and governments are governed by laws, not by arbitrary actions. | Judges, politicians and police officers must obey the same laws as everyone else. |
| Presumption of innocence | A person accused of a crime is treated as innocent until guilt is proven. | The accused person does not have to prove that they are innocent. |
| Due process | The government must respect all the legal rights a person is entitled to. | It protects people from unfair treatment by the state. |
| Habeas corpus | The right to challenge unlawful detention by the state. It comes from English common law. | If the state holds you, there must be a lawful reason. |
The rule of law is so central that the Charter of Rights and Freedoms begins by saying Canada is founded on principles that recognize the supremacy of God and the rule of law. To see how these legal rights fit with the other rights in the Charter, read The Canadian Charter of Rights and Freedoms explained.
Who does what
Many test questions check whether you know which part of the system has which job. Keep the roles separate:
- Elected representatives make laws. Courts do not make laws.
- Police enforce laws and keep people safe. Police do not decide whether someone is guilty.
- Courts settle disputes and decide guilt.
- Prisons punish people convicted of crimes and help discourage others from breaking the law.
The courts
The Supreme Court of Canada
The Supreme Court of Canada is the highest court in the country. It is the last place a case can be appealed. If a question asks which court can hear an appeal after a province’s court of appeal has decided a case, the answer is the Supreme Court of Canada.
The Federal Court of Canada
The Federal Court hears cases that involve the federal government. It is an important court, but it is not the highest court, and it does not hear appeals from provincial courts.
Provincial courts
In most provinces, a case is first heard in a trial court. If someone disagrees with the decision, it can be appealed to that province’s court of appeal. Be careful with names: some provinces call their trial court the “Supreme Court.” It is still a provincial court, not the Supreme Court of Canada.
Provincial courts also deal with many everyday matters, such as family law, traffic violations and minor offences.
Small claims court
A small claims court handles civil disputes about modest amounts of money, such as an unpaid bill. Its process is simpler and faster than in the higher courts.
The police
The main job of the police is to keep people safe and to enforce the law. Canada has three kinds of police force: the RCMP (Royal Canadian Mounted Police), which enforces federal laws everywhere in Canada; provincial police, which only Ontario and Quebec have; and municipal police in cities and towns. Where the RCMP also acts as the provincial or territorial police is explained in Who’s who in Canadian government.
You can contact the police if you see a crime, if you are robbed or assaulted, if you are in an accident, or if someone goes missing.
If you have a problem with the police
Police officers are not above the law. If you are unhappy with how an officer treated you, you have the right to question their conduct and to ask for action. Almost every police force in Canada has a way for the public to make a complaint about an officer. A lawyer or a legal aid office can also advise you.
Getting legal help
A lawyer can give you legal advice and can represent you in court. If you cannot afford a lawyer, most communities offer legal aid: free or low-cost legal services for people with limited income. On the test, remember that legal aid is help you can receive. It is not a duty.
Jury duty: a responsibility of citizens
Discover Canada lists serving on a jury as one of the responsibilities of citizenship, together with obeying the law and voting. If you are called to serve on a jury, you are legally required to do it. The justice system depends on fair, impartial jurors, so jury duty is a way citizens help the courts work. As a new citizen, you may one day be called.
On the test, jury duty is a responsibility. It is not a right and not a freedom. Freedom of religion and mobility rights, for example, are rights; jury duty, voting and obeying the law are responsibilities.
Laws apply to everyone
Because of the rule of law, the same laws apply to every person in Canada, including governments, judges, politicians and the police. Men and women are equal under the law. Canada’s openness does not extend to spousal abuse, forced marriage or other gender-based violence. These are crimes and are severely punished. A family or cultural tradition is never an excuse.
Common mix-ups
- Presumption of innocence vs due process. The first means “innocent until proven guilty.” The second means the government must respect all your legal rights.
- Habeas corpus vs mobility rights. Habeas corpus is about challenging unlawful detention. Living and working anywhere in Canada is a mobility right.
- Habeas corpus comes from English common law, not from the civil code of France.
- Supreme Court of Canada vs Federal Court. The Supreme Court of Canada is the highest court. The Federal Court handles 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, but the RCMP still enforces federal laws in both provinces.
- Courts do not make laws, and police do not decide guilt.
- Legal aid vs jury duty. Legal aid is a service for people who cannot afford a lawyer. Jury duty is a citizen’s responsibility.
Ready to check yourself? Review the Justice System chapter and the Rights and Responsibilities chapter, then try practice set 1.
این راهنما خلاصهای ساده است و مشاوره حقوقی نیست. قوانین و هزینهها ممکن است تغییر کنند — پیش از درخواست یا پرداخت، همیشه در وبسایت رسمی IRCC تأیید کنید.