Insight To The Canadian Legal System By Ruchand At Isnare.com Ezine Articles

The present legal system in Canada has its roots mainly from the English government and its common and statutory laws. The legal system is derived from a number of European systems that were bought to the country in the late 17th century and the early 18th century by different explorers. Even though the indigenous people in the country had their own set of laws and powers, as time passed by the laws of the immigrants who gathered in large numbers came into existence. The conditions went even worse after the English victory over the French in 1759 at Quebec. After this event, the country full fell under the English law. Thus, both the civil and criminal laws of the country are solely based on the British statutory and general laws. Here is a quick brief of the different laws existing in the country and the sources of these laws.

The Constitution of Canada was formed only after the enforcement of the British North Act or the constitution act by the British central government in the year 1867. Though there is no single separate constitution in Canada, the definitions of a separate constitution were given in the Constitution Act in the year 1982. The Constitution of the country divides the government into three main levels, namely the national or federal level, the provincial level of government and the municipal level. Thus, the power and authority to make different laws is divided between the different levels of the government. A federal government or the parliament has the rights to makes laws in fields that are applicable to the entire country while the provincial and municipal governments have the right to make new laws in areas that affect the place or jurisdiction under their control. There may be cases when the jurisdiction of a particular government may overlap.

The Canadian charter of Rights and Freedoms deals with the laws governing the individual’s rights and freedoms. In Canada, the laws corresponding to the person’s rights and freedoms are subject of all the three levels of the government. The first law enacted by the federal government to set out the basic human rights to the people of Canada was in the year 1960. It was commonly known as the Canadian Bill of Rights. Another important act in this respect is the Canadian Human Rights Act or the CHRA, which came into existence in the year 1977. This act was enacted to protect human rights mainly in the area of employment. This charter form the basis of the Canadian Constitution and it applies to all the three levels of government.

While speaking of language rights, the charter of Rights and Freedoms in Canada respects two main languages namely English and French as its official languages. Both these languages have equal rights and powers without any partiality for other. Everyone in the country has the right to use either of these languages to speak or write in any public forums. The statutes and the common laws are the two main sources of these laws in Canada. While statutes are codified laws, common laws are imported from British laws.

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