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Law of Canada


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Published in: Law, News & Politics

Law of Canada

  1. 1. Capital - Ottawa
  2. 2. Population: 34.88 million (2012) Government: Federal monarchy, Constitutional monarchy, Parliamentary system Currency - Canadian dollar ($) (CAD)
  3. 3.  The Canadian legal system has its foundation in the British common law system, inherited from being a former colony of the UK and later a member of the Commonwealth of Nations.
  4. 4.  Canada is governed by a system of laws. These laws are created by governments that are chosen by the people. Laws in Canada apply to all people, including the police, judges, political leaders and those who work for the government.  The main reason Canada has laws is to keep society well ordered, to make sure there is a peaceful way to settle disputes and to express the values and beliefs of Canadian society.  In Canada, you are presumed innocent until proven guilty.
  5. 5. All provinces and territories within Canada, excluding Quebec, follow the common law legal tradition. Lower courts must follow the decisions of higher courts by which they are bound. Decisions from Commonwealth nations, aside from England, are also often treated as persuasive sources of law in Canada. Criminal offences are found only within the Criminal Code of Canada and other federal statutes; an exception is that contempt of court is the only remaining common law offence in Canada
  6. 6. Canadian Aboriginal law is the body of Canadian law that concerns a variety of issues related to aboriginal peoples in Canada. Aboriginal law provides certain rights to land and traditional practices. It enforces and interprets certain treaties between the government and Aboriginal people, and manages much of their interaction.
  7. 7.  Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies.  That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers such as a board, tribunal, commission, agency or minister.
  8. 8. Since signing the Universal Declaration of Human Rights in 1948, the Canadian government has attempted to make universal human rights a part of Canadian law.
  9. 9.  For example, in 2005, Canada became the fourth country in the world to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act.
  10. 10. Quebec, being a civil law jurisdiction, does not have contract law, but rather has its own law of obligations that is codified in the Quebec Civil Code.
  11. 11. Criminal Law in Canada falls under the exclusive legislative jurisdiction of the federal government. The power to enact criminal law is derived from section 91(27) of the Constitution Act, 1867.
  12. 12. Most criminal laws have been codified in the Criminal Code of Canada, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act, and several other peripheral Acts.
  13. 13. Canadian immigration and refugee law' concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, which goals include economic growth, family reunification, and compliance with humanitarian treaties.
  14. 14.  Inheritance law in Canada is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada is legislated by each individual province.
  15. 15. Property law  Property law in Canada is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property, real property, and intellectual property.
  16. 16. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921.
  17. 17.  The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial or territorial.