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Law of Canada

The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past),[1][2] and Indigenous law systems[3] developed by the various Indigenous Nations.[4][5]

The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions.[6] The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments.[7] The Statute of Westminster 1931 granted full autonomy, and the Constitution Act, 1982 ended all legislative ties to Britain, as well as adding a constitutional amending formula and the Canadian Charter of Rights and Freedoms.[8] The Charter guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding clause allows Parliament and the provincial legislatures to override certain sections of the Charter for a period of five years.[9]

Canada's judiciary plays an important role in interpreting laws and has the power to strike down Acts of Parliament that violate the constitution. The Supreme Court of Canada is the highest court and final arbiter and has been led since December 18, 2017, by Richard Wagner, the chief justice of Canada.[10] Its nine members are appointed by the governor general on the advice of the prime minister and minister of justice. All judges at the superior and appellate levels are appointed after consultation with non-governmental legal bodies. The federal Cabinet also appoints justices to superior courts in the provincial and territorial jurisdictions.[11] Common law prevails everywhere except in Quebec, where civil law predominates.[12] Criminal law is solely a federal responsibility and is uniform throughout Canada.[13] Law enforcement, including criminal courts, is officially a provincial responsibility, conducted by provincial and municipal police forces.[14] However, in most rural areas and some urban areas, policing responsibilities are contracted to the federal Royal Canadian Mounted Police.[15]

Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices for Indigenous groups in Canada.[16] Various treaties and case laws were established to mediate relations between Europeans and many Indigenous peoples.[17] These treaties are agreements between the Canadian Crown-in-Council with the duty to consult and accommodate.[18] Indigenous law in Canada refers to the legal traditions, customs, and practices of Indigenous Nations and communities.[19][20]

Constitution of Canada

 
Cover of the Constitution Act, 1867

Pursuant to section 52 of the Constitution Act, 1982, Canada's constitution is its supreme law, and any law passed by any federal, provincial, or territorial government that is inconsistent with the constitution is invalid.[21][22]

The Constitution Act, 1982 stipulates that Canada's constitution includes that act, a series of thirty Acts and orders referred to in a schedule to that Act (the most notable of which is the Constitution Act, 1867), and any amendment to any of those Acts.[23] However, the Supreme Court of Canada has found that this list is not intended to be exhaustive, and in 1998's Reference re Secession of Quebec identified four "supporting principles and rules" that are included as unwritten elements of the constitution: federalism, democracy, constitutionalism and the rule of law, and respect for minorities.[24] While these principles are an enforceable part of Canada's constitution, Canadian courts have not used them to override the written text of the constitution, instead confining their role to "filling gaps".[25]

Because the Constitution Act, 1867 provides that Canada's constitution is "similar in Principle to that of the United Kingdom",[26] which is considered to be an uncodified constitution, the Supreme Court has also recognized the existence of constitutional conventions. In 1981's Reference re a Resolution to amend the Constitution, the Court provided three factors necessary for the existence of a constitutional convention: a practice or agreement developed by political actors, a recognition that they are bound to follow that practice or agreement, and a purpose for that practice or agreement. It also found that, while these conventions are not law and are therefore unenforceable by the courts, courts may recognize conventions in their rulings.[27]

 
Copies of the Canadian Charter of Rights and Freedoms

The Constitution Act, 1867 assigns powers to the provincial and federal governments. Matters under federal jurisdiction include criminal law, trade and commerce, banking, and immigration.[28] The federal government also has the residual power to make laws necessary for Canada's "peace, order and good government".[29] One of the major areas of provincial jurisdiction is property and civil rights, which includes broad power to enact laws of a civil nature, such as property law, contract law and family law. Provincial jurisdiction includes other matters, such as natural resources, hospitals, municipalities, education (except education on First Nation reserves).[28][30]

The Constitution Act, 1867 also provides that, while provinces establish their own superior courts, the federal government appoints their judges.[31] It also gives the federal Parliament the right to establish a court system responsible for federal law and a general court of appeal to hear appeals of decisions of both federal and provincial courts.[32] This last power resulted in the federal Parliament's creation of the Supreme Court of Canada.[33]

The Constitution Act, 1982 created a mechanism by which Canada's constitution could be amended by joint action of federal and provincial legislatures; prior to 1982, most of it could be amended only by the Parliament of the United Kingdom.[34] It also contains the Charter of Rights and Freedoms, which grants individual rights that may not be contravened by any provincial or federal law.[35]

Legislation

Acts passed by the Parliament of Canada and by provincial legislatures are the primary sources of law in Canada. Sections 91 and 94A of the Constitution Act, 1867 set out the subject matters for exclusive federal jurisdiction, while sections 92, 92A, and 94 set out the areas of exclusive provincial legislation. Section 95 sets out areas of concurrent federal and provincial jurisdiction.[36]

Laws passed by the federal Parliament are initially published in the Canada Gazette, a federal government newspaper published regularly and which includes new statutes and regulations.[37][38] Federal statutes are subsequently published in the Annual Statutes of Canada. From time to time, the federal government will prepare a consolidation of federal statuts, known as the Revised Statutes of Canada.[39] The most recent federal consolidation was in 1985.

Laws passed by the provinces follow a similar practice. The Acts are pronounced in a provincial gazette, published annually and consolidated from time to time.

The Revised Statutes of Canada is the federal statutory consolidation of statutes enacted by the Parliament of Canada. In each Canadian province, there is a similar consolidation of the statute law of the province. The Revised Statutes of British Columbia, Revised Statutes of Alberta, Statutes of Manitoba, Revised Statutes of Saskatchewan, 1978, Revised Statutes of New Brunswick, Revised Statutes of Nova Scotia, Statutes of Prince Edward Island, Consolidated Statutes of Newfoundland and Labrador, Revised Statutes of Ontario, and Revised Statutes of Quebec are the statutory consolidations of each Canadian province. They contain all of the major topic areas and most of the statutes enacted by the governments in each province. These statutes in these provinces do not include criminal law, as the criminal law in Canada is an exclusive jurisdiction of the federal Parliament, which has enacted the Criminal Code, which is included in the Revised Statutes of Canada.

Legal traditions

Common law

Nine of the provinces, other than Quebec, and the federal territories, follow the common law legal tradition.[40] While the federal territories use common law, Indigenous nations and their associated territories do not (see below). Equally, courts have power under the provincial Judicature Acts to apply equity.

As with all common law countries, Canadian law adheres to the doctrine of stare decisis.[41] Lower courts must follow the decisions of higher courts by which they are bound. For instance, all Ontario lower courts are bound by the decisions of the Ontario Court of Appeal and all British Columbia lower courts are bound by the decisions of the British Columbia Court of Appeal. However, no Ontario court is bound by decisions of any British Columbia court and no British Columbia court is bound by decisions of any Ontario court. Nonetheless, decisions made by a province's highest court (provincial Courts of Appeal) are often considered as "persuasive" even though they are not binding on other provinces.[42]

Only the Supreme Court of Canada has authority to bind all lower courts in the country with a single ruling, but the Supreme Court cannot bind itself.[43] The busier courts, such as the Court of Appeal for Ontario, for example, are often looked to for guidance on many local matters of law outside the province, especially in matters such as evidence and criminal law.

When there is little or no existing Canadian decision on a particular legal issue and it becomes necessary to look to a non-Canadian legal authority for reference, decisions of English courts and American courts are often utilized.[44] In light of the long-standing history between English law and Canadian law, the English Court of Appeal and the House of Lords are often cited as and considered persuasive authority, and are often followed.[44] If the legal question at issue relates to matters of constitutional or privacy law, however, decisions of United States courts are more likely to be utilized by Canadian lawyers because there is a much greater body of jurisprudence in U.S. law than English law in these areas.[citation needed]

Decisions from Commonwealth nations, aside from England, are also often treated as persuasive sources of law in Canada.

Due to Canada's historical connection with the United Kingdom, decisions of the House of Lords before 1867 are technically still binding on Canada unless they have been overturned by the Supreme Court of Canada, and Canada is still bound by the decisions of the Privy Council before the abolishment of appeals to that entity in 1949.[45] In practice, however, no court in Canada has declared itself bound by any English court decision for decades, and it is highly unlikely that any Canadian court would do so in the future.[45]

Criminal offences are found only within the Criminal Code and other federal statutes; an exception is that contempt of court is the only remaining common law offence in Canada.[46]

Civil law

For historical reasons, Quebec has a hybrid legal system. Private law follows the civil law tradition, originally expressed in the Coutume de Paris as it applied in what was then New France.[47] Today, the jus commune of Quebec is codified in the Civil Code of Quebec. As for public law, it was made that of the conquering British nation after the fall of New France in 1760, that is, the common law. It is important to note that the distinction between civil law and common law is not based on the division of powers set out in the Constitution Act, 1867. Therefore, legislation enacted by the provincial legislature in matters of public law, such as the Code of Penal Procedure, should be interpreted following the common law tradition. Likewise, legislation enacted by the federal Parliament in matters of private law, such as the Divorce Act, is to be interpreted following the civil law tradition and in harmony with the Civil Code of Quebec.

Indigenous legal traditions

Canada was founded on the original territories of over 900 different Indigenous groups, each using different Indigenous legal traditions. Cree, Blackfoot, Mi'kmaq and numerous other First Nations; Inuit; and Métis will apply their own legal traditions in daily life, creating contracts, working with governmental and corporate entities, ecological management and criminal proceedings and family law. Most maintain their laws through traditional governance alongside the elected officials and federal laws.[48] The legal precedents set millennia ago are known through stories and derived from the actions and past responses as well as through continuous interpretation by elders and law-keepers—the same process by which nearly all legal traditions, from common laws and civil codes, are formed.

While the many legal traditions appear similar in that none were codified, each has quite different sets of laws. Many laws stem from stories which in turn may stem from writings or markings, such as geographic features,[49] petroglyphs, pictographs, wiigwaasabakoon and more. Inuit Nunangat's governance[50] differs quite markedly from its many-nationed neighbour Denendeh, as Denendeh's diverse Dene Laws[51] differ quite markedly from laws governing Lingít Aaní,[52][53] Gitx̱san Lax̱yip[54] or Wet'suwet'en Yin'tah;[55] and, as those differ from Haudenosaunee's,[56] Eeyou-Istchee's or Mi'kma'ki's. One thing most Indigenous legal and governance traditions have in common is their use of clans such as Anishinaabek's doodeman (though most are matrilineal like Gitx̱san's Wilps).[57]

Areas of law

Aboriginal law

Aboriginal law is the area of law related to the Canadian Government's relationship with its Indigenous peoples (First Nations, Métis and Inuit). Section 91(24) of the Constitution Act, 1867 gives the federal parliament exclusive power to legislate in matters related to Aboriginals, which includes groups governed by the Indian Act, different Numbered Treaties and outside of those Acts.[58]

Administrative law

Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies.[59]

Contract law

Individual provinces have codified some principles of contract law in a Sale of Goods Act, which was modeled on early English versions. Outside of Quebec, most contract law is still common law, based on the rulings of judges in contract litigation over the years. Quebec, being a civil law jurisdiction, does not have contract law, but rather has its own law of obligations.[60]

Constitutional law

Constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the Courts.[61] This is represented in the Constitution Act, 1867, Constitution Act, 1982 and Canadian Charter of Rights and Freedoms.

Copyright law

Copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada.[62]

Criminal law

 
Canadian Criminal Cases collection

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.[63] Most criminal laws have been codified in the Criminal Code, as well as the Controlled Drugs and Substances Act, Youth Criminal Justice Act, and several other peripheral Acts.

The provinces are responsible for the administration of justice, including criminal trials within their respective provinces, despite their inability to enact criminal laws.[64] Provinces do have the power to promulgate quasi-criminal or regulatory offences in a variety of administrative and other areas, and every province has done so with myriad rules and regulations across a broad spectrum.[65]

Evidence law

The Canada Evidence Act is an Act of the Parliament of Canada, first passed in 1893, that regulates the rules of evidence in court proceedings under federal law.[66] Each province also has its own evidence statute, governing the law of evidence in civil proceedings in the province.

Family law

Family law in Canada concerns the body of Canadian law dealing with family relationship, marriage, and divorce.[67] The federal government has exclusive jurisdiction over the substance of marriage and divorce. Provinces have exclusive jurisdiction over the procedures surrounding marriage. Provinces also have laws dealing with marital property and with family maintenance (including spousal support).

Human rights law

Human rights are constitutionally protected by the Canadian Charter of Rights and Freedoms, which applies to the federal and provincial governments and protects the rights of individuals in relation to government action. The Charter protects fundamental freedoms such as freedom of religion, freedom of association, and freedom of expression, as well as prohibiting discrimination on personal characteristics.

Human rights are also protected by federal and provincial statutes, which apply to governments as well as to the private sector. Human rights laws generally prohibit discrimination on personal characteristics in housing, employment, and services to the public. The Canadian Human Rights Act applies to the federal government and to industries under federal jurisdiction, such as aviation and banking. Provincial human rights laws apply to the provincial governments and to industries and businesses under provincial jurisdiction.[68]

Immigration and refugee law

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.[69] The primary law on these matters is in the Immigration and Refugee Protection Act.

Inheritance law

Inheritance law in Canada is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada are legislated by each individual province.

Insolvency law

The Parliament of Canada has exclusive jurisdiction to regulate matters relating to bankruptcy and insolvency, by virtue of s.91 of the Constitution Act, 1867. It has passed some statutes as a result, i.e., The Bankruptcy and Insolvency Act ("BIA") and the Winding-Up and Restructuring Act (which essentially applies only to financial institutions under federal jurisdiction). In applying these statutes, provincial law has important consequences. Section 67(1)(b) of the BIA provides that "any property that as against the bankrupt is exempt from execution or seizure under any laws applicable in the province within which the property is situated and within which the bankrupt resides" is not divisible among their creditors.[70] Provincial legislation under the property and civil rights power of the Constitution Act, 1867 regulates the resolution of financial difficulties that occur before the onset of insolvency.

Labour and employment law

Canadian labour law is that body of law which regulates the rights, restrictions obligations of trade unions, workers and employers in Canada. Canadian employment law is that body of law which regulates the rights, restrictions obligations of non-unionised workers and employers in Canada.[71] Most labour regulation in Canada is conducted at the provincial level by government agencies and boards. However, certain industries under federal regulation are subject solely to federal labour legislation and standards.

Patent law

Canadian patent law is the legal system regulating the granting of patents for inventions within Canada, and the enforcement of these rights in Canada.[72]

Procedural law

The functioning of the Courts is regulated by the laws of civil procedure which are codified in each province's civil procedures rules.

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.[73]

Tort law

Tort law in Canada concerns the treatment of the law of torts within the Canadian jurisdiction excluding Quebec, which is covered by the law of obligations. [74]

Trademark law

Canada's trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' goods or services.[75]

Judicial system

 
Canadian court system (Source: Canadian Department of Justice)

Under the Constitution Act, 1867, the federal Parliament and the provincial legislatures both have the constitutional authority to create courts: Parliament under s. 101, and the Provinces under s. 92(14).[76] However, the federal power to create courts is much more limited than the provincial power. The provincial courts have a much more extensive jurisdiction, including the constitutionally entrenched power to determine constitutional issues.

Through Section 35 of the Constitution Act, 1982, Indigenous nations retain significant rights and title. It, however, remains unclear the degree to which Indigenous nations have authority over judicial matters.[77] Especially since 1995, the Government of Canada has maintained a policy of recognizing the inherent right of self-governance under section 35.[78] The evolution through cases such as Delgamuukw-Gisday'wa and the Tsilhqot'in Nation v British Columbia has affirmed the Euro-Canadian courts' needs to meaningfully engage with Indigenous legal systems, including through Indigenous structures of dispute resolution.[79]

The Supreme Court of Canada (French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian justice system. Parliament created it by Act of Parliament in 1875, as a "general court of appeal for Canada".[80] Prior to 1949, cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom, and some cases bypassed the Supreme Court of Canada entirely.[80]

Other than the Supreme Court, the Canadian court system is divided into two classes of courts:[81] superior courts of general jurisdiction, and courts of limited jurisdiction, sometimes referred to as inferior courts. The superior courts, created and maintained by the provinces, are divided into superior courts of original jurisdiction and superior courts of appeal. These courts are sometimes also referred to as "Section 96" courts, in reference to s. 96 of the Constitution Act, 1867, which grants the federal government the power to appoint the judges of these courts.[31] As courts of general jurisdiction, the provincial superior courts of original jurisdiction have jurisdiction over all matters, under both federal and provincial law, unless the matter has been assigned to some other court or administrative agency by a statute passed by the appropriate legislative body. The superior courts of original jurisdiction have an extensive civil jurisdiction, under both federal and provincial laws. Under the Criminal Code, a federal statute, they have jurisdiction over the most serious criminal offences, such as murder.[82] They also hear appeals from the Provincial Courts in criminal matters and some civil matters. A further appeal normally lies to superior court of appeal, the highest court in each province.[83]

The provinces also can establish courts of limited jurisdiction, whose jurisdiction is limited solely to what is included in the statutory grant of jurisdiction. These courts are often called "Provincial Courts", even though the superior courts established by the provinces are also provincial courts. The Provincial Courts have an extensive criminal jurisdiction under the Criminal Code, a federal statute, and also typically have a limited civil jurisdiction in matters under provincial jurisdiction, such as small claims and some family matters. The judges of the Provincial Courts are appointed by the provincial governments.[84]

There are also additional federal courts established by Parliament, which have a specialised jurisdiction in certain areas of federal law. These courts are the Federal Court of Appeal, the Federal Court, the Tax Court of Canada, and the Court Martial Appeal Court of Canada.

See also

References

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  3. ^ Borrows, John (2005). "Indigenous Legal Traditions in Canada". Washington University Journal of Law & Policy. 19: 167–224. Retrieved 23 May 2022. As has already been noted, numerous indigenous legal traditions continue to function in Canada in a systematically important way. Canada would better be described as multi-juridicial or legally pluralistic.
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  74. ^ Jean Louis Baudouin; Allen M. Linden (2010). Tort Law in Canada. Kluwer Law International. ISBN 978-90-411-3373-1.
  75. ^ Borden Ladner Gervias LLP (2011). Trade-Mark Practice in Canada. Borden Ladner Gervais LLP. p. 1. ISBN 978-0-9730750-5-2.
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  78. ^ . Department of Indian and Northern Affairs. Archived from the original on 2011-06-13. Retrieved 2009-11-17. The Government of Canada recognizes the inherent right of self-government as an existing Aboriginal right under section 35 of the Constitution Act, 1982. It recognizes, as well, that the inherent right may find expression in treaties, and in the context of the Crown's relationship with treaty First Nations. Recognition of the inherent right is based on the view that the Aboriginal peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and their resources.
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  84. ^ Gerhard Robbers (2006). Encyclopedia of World Constitutions. Infobase Publishing. p. 169. ISBN 978-0-8160-6078-8.

Bibliography

  • Craik, Neil; Forcese, Craig; Bryden, Philip; Carver, Peter; Haigh, Richard; Ratushny, Ed; Sullivan, Ruth, eds. (2006). Public Law: Cases, materials, and commentary. Toronto: Emond Montgomery Publications Limited. ISBN 1-55239-185-X.

Further reading

  • Jonathan L. Black-Branch; Canadian Education Association (1995). Making Sense of the Canadian Charter of Rights and Freedoms: A Handbook for Administrators and Teachers. Canadian Education Association. ISBN 978-0-920315-78-1.
  • John Borrows (2002). Recovering Canada: The Resurgence of Indigenous Law. University of Toronto Press. ISBN 978-0-8020-8501-6.
  • J. Brian Casey; Janet E. Mills (2005). Arbitration Law Of Canada: Practice And Procedure. Juris Publishing, Inc. ISBN 978-1-929446-68-1.
  • Ian Greene (1989). The Charter of Rights. James Lorimer & Company. ISBN 978-1-55028-185-9.
  • Calvin S. Goldman; John D. Bodrug, eds. (2009). Competition Law of Canada. Juris Publishing, Inc. ISBN 978-1-57823-096-9.
  • Ignace, Marianne & Ignace, Ronald E (2017). Secwépemc People, Land, and Laws – Yerí7 re Stsq'ey's-kucw. McGill-Queen's University Press. ISBN 0773551301.
  • Frederick Lee Morton (2002). Law, Politics and the Judicial Process in Canada. University of Calgary Press. ISBN 978-1-55238-046-8.
  • Manuel, Arthur; Derrickson, Ronald M. (afterword); Klein, Naomi (foreward) (2015). Unsettling Canada: A National Wake-Up Call. Between The Lines. ISBN 978-1771131766.
  • D. M. McRae (2008). The Canadian Yearbook of International Law: Annuaire Canadien de Droit International. UBC Press. ISBN 978-0-7748-5826-7.
  • Richard Moon (2008). Law and Religious Pluralism in Canada. UBC Press. ISBN 978-0-7748-5853-3.
  • Peter McCormick (2000). Supreme at Last: The Evolution of the Supreme Court of Canada. James Lorimer & Company. ISBN 978-1-55028-692-2.
  • Margaret Ann Wilkinson (2010). Genealogy and the Law in Canada. Dundurn. ISBN 978-1-77070-585-2.

External links

  • Consolidated Statutes and Regulations of Canada.
  • CanLII Canadian Legal Information Institute
  • Legal Information

canada, legal, system, canada, pluralist, foundations, english, common, system, inherited, from, period, colony, british, empire, french, civil, system, inherited, from, french, empire, past, indigenous, systems, developed, various, indigenous, nations, consti. The legal system of Canada is pluralist its foundations lie in the English common law system inherited from its period as a colony of the British Empire the French civil law system inherited from its French Empire past 1 2 and Indigenous law systems 3 developed by the various Indigenous Nations 4 5 The Constitution of Canada is the supreme law of the country and consists of written text and unwritten conventions 6 The Constitution Act 1867 known as the British North America Act prior to 1982 affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments 7 The Statute of Westminster 1931 granted full autonomy and the Constitution Act 1982 ended all legislative ties to Britain as well as adding a constitutional amending formula and the Canadian Charter of Rights and Freedoms 8 The Charter guarantees basic rights and freedoms that usually cannot be over ridden by any government though a notwithstanding clause allows Parliament and the provincial legislatures to override certain sections of the Charter for a period of five years 9 Canada s judiciary plays an important role in interpreting laws and has the power to strike down Acts of Parliament that violate the constitution The Supreme Court of Canada is the highest court and final arbiter and has been led since December 18 2017 by Richard Wagner the chief justice of Canada 10 Its nine members are appointed by the governor general on the advice of the prime minister and minister of justice All judges at the superior and appellate levels are appointed after consultation with non governmental legal bodies The federal Cabinet also appoints justices to superior courts in the provincial and territorial jurisdictions 11 Common law prevails everywhere except in Quebec where civil law predominates 12 Criminal law is solely a federal responsibility and is uniform throughout Canada 13 Law enforcement including criminal courts is officially a provincial responsibility conducted by provincial and municipal police forces 14 However in most rural areas and some urban areas policing responsibilities are contracted to the federal Royal Canadian Mounted Police 15 Canadian Aboriginal law provides certain constitutionally recognized rights to land and traditional practices for Indigenous groups in Canada 16 Various treaties and case laws were established to mediate relations between Europeans and many Indigenous peoples 17 These treaties are agreements between the Canadian Crown in Council with the duty to consult and accommodate 18 Indigenous law in Canada refers to the legal traditions customs and practices of Indigenous Nations and communities 19 20 Contents 1 Constitution of Canada 2 Legislation 3 Legal traditions 3 1 Common law 3 2 Civil law 3 3 Indigenous legal traditions 4 Areas of law 4 1 Aboriginal law 4 2 Administrative law 4 3 Contract law 4 4 Constitutional law 4 5 Copyright law 4 6 Criminal law 4 7 Evidence law 4 8 Family law 4 9 Human rights law 4 10 Immigration and refugee law 4 11 Inheritance law 4 12 Insolvency law 4 13 Labour and employment law 4 14 Patent law 4 15 Procedural law 4 16 Property law 4 17 Tort law 4 18 Trademark law 5 Judicial system 6 See also 7 References 7 1 Bibliography 8 Further reading 9 External linksConstitution of Canada EditSee also Constitution of Canada Cover of the Constitution Act 1867 Pursuant to section 52 of the Constitution Act 1982 Canada s constitution is its supreme law and any law passed by any federal provincial or territorial government that is inconsistent with the constitution is invalid 21 22 The Constitution Act 1982 stipulates that Canada s constitution includes that act a series of thirty Acts and orders referred to in a schedule to that Act the most notable of which is the Constitution Act 1867 and any amendment to any of those Acts 23 However the Supreme Court of Canada has found that this list is not intended to be exhaustive and in 1998 s Reference re Secession of Quebec identified four supporting principles and rules that are included as unwritten elements of the constitution federalism democracy constitutionalism and the rule of law and respect for minorities 24 While these principles are an enforceable part of Canada s constitution Canadian courts have not used them to override the written text of the constitution instead confining their role to filling gaps 25 Because the Constitution Act 1867 provides that Canada s constitution is similar in Principle to that of the United Kingdom 26 which is considered to be an uncodified constitution the Supreme Court has also recognized the existence of constitutional conventions In 1981 s Reference re a Resolution to amend the Constitution the Court provided three factors necessary for the existence of a constitutional convention a practice or agreement developed by political actors a recognition that they are bound to follow that practice or agreement and a purpose for that practice or agreement It also found that while these conventions are not law and are therefore unenforceable by the courts courts may recognize conventions in their rulings 27 Copies of the Canadian Charter of Rights and Freedoms The Constitution Act 1867 assigns powers to the provincial and federal governments Matters under federal jurisdiction include criminal law trade and commerce banking and immigration 28 The federal government also has the residual power to make laws necessary for Canada s peace order and good government 29 One of the major areas of provincial jurisdiction is property and civil rights which includes broad power to enact laws of a civil nature such as property law contract law and family law Provincial jurisdiction includes other matters such as natural resources hospitals municipalities education except education on First Nation reserves 28 30 The Constitution Act 1867 also provides that while provinces establish their own superior courts the federal government appoints their judges 31 It also gives the federal Parliament the right to establish a court system responsible for federal law and a general court of appeal to hear appeals of decisions of both federal and provincial courts 32 This last power resulted in the federal Parliament s creation of the Supreme Court of Canada 33 The Constitution Act 1982 created a mechanism by which Canada s constitution could be amended by joint action of federal and provincial legislatures prior to 1982 most of it could be amended only by the Parliament of the United Kingdom 34 It also contains the Charter of Rights and Freedoms which grants individual rights that may not be contravened by any provincial or federal law 35 Legislation EditActs passed by the Parliament of Canada and by provincial legislatures are the primary sources of law in Canada Sections 91 and 94A of the Constitution Act 1867 set out the subject matters for exclusive federal jurisdiction while sections 92 92A and 94 set out the areas of exclusive provincial legislation Section 95 sets out areas of concurrent federal and provincial jurisdiction 36 Laws passed by the federal Parliament are initially published in the Canada Gazette a federal government newspaper published regularly and which includes new statutes and regulations 37 38 Federal statutes are subsequently published in the Annual Statutes of Canada From time to time the federal government will prepare a consolidation of federal statuts known as the Revised Statutes of Canada 39 The most recent federal consolidation was in 1985 Laws passed by the provinces follow a similar practice The Acts are pronounced in a provincial gazette published annually and consolidated from time to time The Revised Statutes of Canada is the federal statutory consolidation of statutes enacted by the Parliament of Canada In each Canadian province there is a similar consolidation of the statute law of the province The Revised Statutes of British Columbia Revised Statutes of Alberta Statutes of Manitoba Revised Statutes of Saskatchewan 1978 Revised Statutes of New Brunswick Revised Statutes of Nova Scotia Statutes of Prince Edward Island Consolidated Statutes of Newfoundland and Labrador Revised Statutes of Ontario and Revised Statutes of Quebec are the statutory consolidations of each Canadian province They contain all of the major topic areas and most of the statutes enacted by the governments in each province These statutes in these provinces do not include criminal law as the criminal law in Canada is an exclusive jurisdiction of the federal Parliament which has enacted the Criminal Code which is included in the Revised Statutes of Canada Legal traditions EditCommon law Edit Nine of the provinces other than Quebec and the federal territories follow the common law legal tradition 40 While the federal territories use common law Indigenous nations and their associated territories do not see below Equally courts have power under the provincial Judicature Acts to apply equity As with all common law countries Canadian law adheres to the doctrine of stare decisis 41 Lower courts must follow the decisions of higher courts by which they are bound For instance all Ontario lower courts are bound by the decisions of the Ontario Court of Appeal and all British Columbia lower courts are bound by the decisions of the British Columbia Court of Appeal However no Ontario court is bound by decisions of any British Columbia court and no British Columbia court is bound by decisions of any Ontario court Nonetheless decisions made by a province s highest court provincial Courts of Appeal are often considered as persuasive even though they are not binding on other provinces 42 Only the Supreme Court of Canada has authority to bind all lower courts in the country with a single ruling but the Supreme Court cannot bind itself 43 The busier courts such as the Court of Appeal for Ontario for example are often looked to for guidance on many local matters of law outside the province especially in matters such as evidence and criminal law When there is little or no existing Canadian decision on a particular legal issue and it becomes necessary to look to a non Canadian legal authority for reference decisions of English courts and American courts are often utilized 44 In light of the long standing history between English law and Canadian law the English Court of Appeal and the House of Lords are often cited as and considered persuasive authority and are often followed 44 If the legal question at issue relates to matters of constitutional or privacy law however decisions of United States courts are more likely to be utilized by Canadian lawyers because there is a much greater body of jurisprudence in U S law than English law in these areas citation needed Decisions from Commonwealth nations aside from England are also often treated as persuasive sources of law in Canada Due to Canada s historical connection with the United Kingdom decisions of the House of Lords before 1867 are technically still binding on Canada unless they have been overturned by the Supreme Court of Canada and Canada is still bound by the decisions of the Privy Council before the abolishment of appeals to that entity in 1949 45 In practice however no court in Canada has declared itself bound by any English court decision for decades and it is highly unlikely that any Canadian court would do so in the future 45 Criminal offences are found only within the Criminal Code and other federal statutes an exception is that contempt of court is the only remaining common law offence in Canada 46 Civil law Edit Main article Law in Quebec For historical reasons Quebec has a hybrid legal system Private law follows the civil law tradition originally expressed in the Coutume de Paris as it applied in what was then New France 47 Today the jus commune of Quebec is codified in the Civil Code of Quebec As for public law it was made that of the conquering British nation after the fall of New France in 1760 that is the common law It is important to note that the distinction between civil law and common law is not based on the division of powers set out in the Constitution Act 1867 Therefore legislation enacted by the provincial legislature in matters of public law such as the Code of Penal Procedure should be interpreted following the common law tradition Likewise legislation enacted by the federal Parliament in matters of private law such as the Divorce Act is to be interpreted following the civil law tradition and in harmony with the Civil Code of Quebec Indigenous legal traditions Edit Main article Canadian Indigenous law Canada was founded on the original territories of over 900 different Indigenous groups each using different Indigenous legal traditions Cree Blackfoot Mi kmaq and numerous other First Nations Inuit and Metis will apply their own legal traditions in daily life creating contracts working with governmental and corporate entities ecological management and criminal proceedings and family law Most maintain their laws through traditional governance alongside the elected officials and federal laws 48 The legal precedents set millennia ago are known through stories and derived from the actions and past responses as well as through continuous interpretation by elders and law keepers the same process by which nearly all legal traditions from common laws and civil codes are formed While the many legal traditions appear similar in that none were codified each has quite different sets of laws Many laws stem from stories which in turn may stem from writings or markings such as geographic features 49 petroglyphs pictographs wiigwaasabakoon and more Inuit Nunangat s governance 50 differs quite markedly from its many nationed neighbour Denendeh as Denendeh s diverse Dene Laws 51 differ quite markedly from laws governing Lingit Aani 52 53 Gitx san Lax yip 54 or Wet suwet en Yin tah 55 and as those differ from Haudenosaunee s 56 Eeyou Istchee s or Mi kma ki s One thing most Indigenous legal and governance traditions have in common is their use of clans such as Anishinaabek s doodeman though most are matrilineal like Gitx san s Wilps 57 Areas of law EditAboriginal law Edit Main article Canadian aboriginal law Aboriginal law is the area of law related to the Canadian Government s relationship with its Indigenous peoples First Nations Metis and Inuit Section 91 24 of the Constitution Act 1867 gives the federal parliament exclusive power to legislate in matters related to Aboriginals which includes groups governed by the Indian Act different Numbered Treaties and outside of those Acts 58 Administrative law Edit Main article Canadian administrative law Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies 59 Contract law Edit Main article Canadian contract law Individual provinces have codified some principles of contract law in a Sale of Goods Act which was modeled on early English versions Outside of Quebec most contract law is still common law based on the rulings of judges in contract litigation over the years Quebec being a civil law jurisdiction does not have contract law but rather has its own law of obligations 60 Constitutional law Edit Main article Canadian constitutional law Constitutional law is the area of Canadian law relating to the interpretation and application of the Constitution of Canada by the Courts 61 This is represented in the Constitution Act 1867 Constitution Act 1982 and Canadian Charter of Rights and Freedoms Copyright law Edit Main article Copyright law of Canada Copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada 62 Criminal law Edit Main article Criminal law of Canada Canadian Criminal Cases collection 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 63 Most criminal laws have been codified in the Criminal Code as well as the Controlled Drugs and Substances Act Youth Criminal Justice Act and several other peripheral Acts The provinces are responsible for the administration of justice including criminal trials within their respective provinces despite their inability to enact criminal laws 64 Provinces do have the power to promulgate quasi criminal or regulatory offences in a variety of administrative and other areas and every province has done so with myriad rules and regulations across a broad spectrum 65 Evidence law Edit Further information Canada Evidence Act The Canada Evidence Act is an Act of the Parliament of Canada first passed in 1893 that regulates the rules of evidence in court proceedings under federal law 66 Each province also has its own evidence statute governing the law of evidence in civil proceedings in the province Family law Edit Main article Canadian family law Family law in Canada concerns the body of Canadian law dealing with family relationship marriage and divorce 67 The federal government has exclusive jurisdiction over the substance of marriage and divorce Provinces have exclusive jurisdiction over the procedures surrounding marriage Provinces also have laws dealing with marital property and with family maintenance including spousal support Human rights law Edit Main article Human rights in Canada Human rights are constitutionally protected by the Canadian Charter of Rights and Freedoms which applies to the federal and provincial governments and protects the rights of individuals in relation to government action The Charter protects fundamental freedoms such as freedom of religion freedom of association and freedom of expression as well as prohibiting discrimination on personal characteristics Human rights are also protected by federal and provincial statutes which apply to governments as well as to the private sector Human rights laws generally prohibit discrimination on personal characteristics in housing employment and services to the public The Canadian Human Rights Act applies to the federal government and to industries under federal jurisdiction such as aviation and banking Provincial human rights laws apply to the provincial governments and to industries and businesses under provincial jurisdiction 68 Immigration and refugee law Edit Main article Canadian immigration and refugee law 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 69 The primary law on these matters is in the Immigration and Refugee Protection Act Inheritance law Edit Main article Inheritance law in Canada Inheritance law in Canada is constitutionally a provincial matter Therefore the laws governing inheritance in Canada are legislated by each individual province Insolvency law Edit Main article Insolvency law of Canada The Parliament of Canada has exclusive jurisdiction to regulate matters relating to bankruptcy and insolvency by virtue of s 91 of the Constitution Act 1867 It has passed some statutes as a result i e The Bankruptcy and Insolvency Act BIA and the Winding Up and Restructuring Act which essentially applies only to financial institutions under federal jurisdiction In applying these statutes provincial law has important consequences Section 67 1 b of the BIA provides that any property that as against the bankrupt is exempt from execution or seizure under any laws applicable in the province within which the property is situated and within which the bankrupt resides is not divisible among their creditors 70 Provincial legislation under the property and civil rights power of the Constitution Act 1867 regulates the resolution of financial difficulties that occur before the onset of insolvency Labour and employment law Edit Main article Canadian labour and employment law Canadian labour law is that body of law which regulates the rights restrictions obligations of trade unions workers and employers in Canada Canadian employment law is that body of law which regulates the rights restrictions obligations of non unionised workers and employers in Canada 71 Most labour regulation in Canada is conducted at the provincial level by government agencies and boards However certain industries under federal regulation are subject solely to federal labour legislation and standards Patent law Edit Main article Canadian patent law Canadian patent law is the legal system regulating the granting of patents for inventions within Canada and the enforcement of these rights in Canada 72 Procedural law Edit The functioning of the Courts is regulated by the laws of civil procedure which are codified in each province s civil procedures rules Property law Edit Main article Canadian 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 73 Tort law Edit Main article Tort law in Canada Tort law in Canada concerns the treatment of the law of torts within the Canadian jurisdiction excluding Quebec which is covered by the law of obligations 74 Trademark law Edit Main article Canadian trademark law Canada s trademark law provides protection for distinctive marks certification marks distinguishing guises and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors goods or services 75 Judicial system EditSee also Court system of Canada Canadian court system Source Canadian Department of Justice Under the Constitution Act 1867 the federal Parliament and the provincial legislatures both have the constitutional authority to create courts Parliament under s 101 and the Provinces under s 92 14 76 However the federal power to create courts is much more limited than the provincial power The provincial courts have a much more extensive jurisdiction including the constitutionally entrenched power to determine constitutional issues Through Section 35 of the Constitution Act 1982 Indigenous nations retain significant rights and title It however remains unclear the degree to which Indigenous nations have authority over judicial matters 77 Especially since 1995 the Government of Canada has maintained a policy of recognizing the inherent right of self governance under section 35 78 The evolution through cases such as Delgamuukw Gisday wa and the Tsilhqot in Nation v British Columbia has affirmed the Euro Canadian courts needs to meaningfully engage with Indigenous legal systems including through Indigenous structures of dispute resolution 79 The Supreme Court of Canada French Cour supreme du Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system Parliament created it by Act of Parliament in 1875 as a general court of appeal for Canada 80 Prior to 1949 cases could be appealed to the Judicial Committee of the Privy Council in the United Kingdom and some cases bypassed the Supreme Court of Canada entirely 80 Other than the Supreme Court the Canadian court system is divided into two classes of courts 81 superior courts of general jurisdiction and courts of limited jurisdiction sometimes referred to as inferior courts The superior courts created and maintained by the provinces are divided into superior courts of original jurisdiction and superior courts of appeal These courts are sometimes also referred to as Section 96 courts in reference to s 96 of the Constitution Act 1867 which grants the federal government the power to appoint the judges of these courts 31 As courts of general jurisdiction the provincial superior courts of original jurisdiction have jurisdiction over all matters under both federal and provincial law unless the matter has been assigned to some other court or administrative agency by a statute passed by the appropriate legislative body The superior courts of original jurisdiction have an extensive civil jurisdiction under both federal and provincial laws Under the Criminal Code a federal statute they have jurisdiction over the most serious criminal offences such as murder 82 They also hear appeals from the Provincial Courts in criminal matters and some civil matters A further appeal normally lies to superior court of appeal the highest court in each province 83 The provinces also can establish courts of limited jurisdiction whose jurisdiction is limited solely to what is included in the statutory grant of jurisdiction These courts are often called Provincial Courts even though the superior courts established by the provinces are also provincial courts The Provincial Courts have an extensive criminal jurisdiction under the Criminal Code a federal statute and also typically have a limited civil jurisdiction in matters under provincial jurisdiction such as small claims and some family matters The judges of the Provincial Courts are appointed by the provincial governments 84 There are also additional federal courts established by Parliament which have a specialised jurisdiction in certain areas of federal law These courts are the Federal Court of Appeal the Federal Court the Tax Court of Canada and the Court Martial Appeal Court of Canada See also Edit Law portal Canada portalAt His Majesty s pleasure Canadian Legal Information Institute CanLII Housekeeping provision Human rights in Canada Legal systems of the world List of Acts of Parliament of Canada Statutes of Canada The Canadian Crown and Aboriginal peoples List of Vancouver court casesReferences Edit Where our legal system comes from About Canada s System of Justice 7 September 2016 John Dickinson Brian Young 2014 A Short History of Quebec McGill Queen s University Press p 59 ISBN 978 0 7735 7530 1 Borrows John 2005 Indigenous Legal Traditions in Canada Washington University Journal of Law amp Policy 19 167 224 Retrieved 23 May 2022 As has already been noted numerous indigenous legal traditions continue to function in Canada in a systematically important way Canada would better be described as multi juridicial or legally pluralistic Anaya James 2007 Indigenous Law and Its Contribution to Global Pluralism Indigenous Law Journal HeinOnline 6 1 3 12 Retrieved 26 January 2022 Hunt Sarah Elizabeth 2014 Witnessing the Colonialscape lighting the intimate fires of Indigenous legal pluralism PhD Simon Fraser University Retrieved 25 January 2022 Dodek Adam 2016 The Canadian Constitution Dundurn University of Ottawa Faculty of Law p 13 ISBN 978 1 4597 3505 7 Olive Andrea 2015 The Canadian Environment in Political Context University of Toronto Press pp 41 42 ISBN 978 1 4426 0871 9 Bhagwan Vishnoo Vidya Bhushan 2004 World Constitutions Sterling Publishers pp 549 550 ISBN 978 81 207 1937 8 Bakan Joel Elliot Robin M 2003 Canadian Constitutional Law Emond Montgomery Publications pp 3 8 683 687 699 ISBN 978 1 55239 085 6 Current and Former Chief Justices Supreme Court of Canada December 18 2017 Archived from the original on January 16 2018 Retrieved January 16 2018 Yates Richard Bain Penny Yates Ruth 2000 Introduction to Law in Canada Prentice Hall Allyn and Bacon Canada p 93 ISBN 978 0 13 792862 0 Hermida Julian May 9 2018 Criminal Law in Canada Kluwer Law International B V pp 10 ISBN 978 90 411 9627 9 Sworden Philip James 2006 An introduction to Canadian law Emond Montgomery Publications pp 22 150 ISBN 978 1 55239 145 7 Who we are Ontario Provincial Police 2009 Archived from the original on August 26 2016 Retrieved October 24 2012 Royal Canadian Mounted Police Keeping Canada and Our Communities Safe and Secure PDF Queen s Printer Archived from the original PDF on July 6 2011 Retrieved May 23 2011 Reynolds Jim 2015 Aboriginal Peoples and the Law A Critical Introduction UBC Press ISBN 978 0 7748 8023 7 Patterson Lisa Lynne 2004 Aboriginal roundtable on Kelowna Accord Aboriginal policy negotiations 2004 2006 PDF Report 1 Parliamentary Information and Research Service Library of Parliament p 3 Archived PDF from the original on November 26 2014 Retrieved October 23 2014 Isaac Thomas 2012 Aboriginal Law 4th ed UBC Press p 349 ISBN 978 1 895830 65 1 John Borrows 2006 Indigenous Legal Traditions in Canada PDF Report for the Law Commission of Canada Law Foundation Chair in Aboriginal Justice and Governance Faculty of Law University of Victoria In Canada Indigenous legal traditions are separate from but interact with common law and civil law to produce a variety of rights and obligations for Indigenous people Many Indigenous societies in Canada possess legal traditions These traditions have indeterminate status in the eyes of many Canadian institutions Kaufman Amy Research Guides Aboriginal Law amp Indigenous Laws A note on terms guides library queensu ca Indigenous law exists as a source of law apart from the common and civil legal traditions in Canada Importantly Indigenous laws also exist apart from Aboriginal law though these sources of law are interconnected Aboriginal law is a body of law made by the courts and legislatures that largely deals with the unique constitutional rights of Aboriginal peoples and the relationship between Aboriginal peoples and the Crown Aboriginal law is largely found in colonial instruments such as the Royal Proclamation of 1763 the Constitution Acts of 1867 and 1982 and the Indian Act and court decisions but also includes sources of Indigenous law Indigenous law consists of legal orders which are rooted in Indigenous societies themselves It arises from communities and First Nation groups across the country such as Nuu Chah Nulth Haida Coast Salish Tsimshian Heiltsuk and may include relationships to the land the spirit world creation stories customs processes of deliberation and persuasion codes of conduct rules teachings and axioms for living and governing Constitution Act 1982 Schedule B to the Canada Act 1982 UK 1982 c 11 s 52 Richard W Bauman Tsvi Kahana 2006 The Least Examined Branch The Role of Legislatures in the Constitutional State Cambridge University Press p 159 ISBN 978 1 139 46040 8 Craik 94 Craik 96 Craik 98 Frederick Lee Morton 2002 Law Politics and the Judicial Process in Canada University of Calgary Press p 216 ISBN 978 1 55238 046 8 Craik 105 a b OECD 2007 Linking Regions and Central Governments Contracts for Regional Development Contracts for Regional Development OECD Publishing p 173 ISBN 978 92 64 00875 5 Munroe Eagles Larry Johnston 2008 Politics An Introduction to Modern Democratic Government University of Toronto Press p 262 ISBN 978 1 55111 858 1 Craik 125 a b Patrick N Malcolmson Richard Myers 2009 The Canadian Regime An Introduction to Parliamentary Government in Canada University of Toronto Press p 149 ISBN 978 1 4426 0047 8 Craik 127 Craik 127 128 Craik 131 Craik 119 Constitution Act 1867 s 95 Statutory Instruments Act RSC 1985 c S 22 Canada Gazette About Us Gazette gc ca 2010 06 09 Archived from the original on 2011 07 06 Retrieved 2011 02 28 Legislation Revision and Consolidation Act RSC 1985 c S 20 Dennis Campbell Susan Cotter 1998 Comparative Law Yearbook Kluwer Law International p 234 ISBN 978 90 411 0740 4 Richard A Mann 2013 Business Law and the Regulation of Business Cengage Learning p 7 ISBN 978 1 133 58757 6 Robert A Battram 2010 Canada In Crisis An Agenda to Unify the Nation Trafford Publishing p 26 ISBN 978 1 4269 8062 6 Graeme R Newman 30 October 2010 Crime and Punishment around the World Four Volumes ABC CLIO p 77 ISBN 978 0 313 35134 1 a b Ian Bushnell 1992 Captive Court A Study of the Supreme Court of Canada McGill Queen s Press MQUP p 53 ISBN 978 0 7735 6301 8 a b Frederick Lee Morton 2002 Law Politics and the Judicial Process in Canada University of Calgary Press p 389 ISBN 978 1 55238 046 8 The Courts of British Columbia File Not Found www bccourts ca J M Smits 2012 Elgar Encyclopedia of Comparative Law Edward Elgar Publishing p 132 ISBN 978 1 78100 610 8 Aseniwuche Winewak Nation University of Victoria Law Indigenous Bar Associations Law Foundation of Ontario Truth and Reconciliation Commission Accessing Justice and Reconciliation A Cree Legal Summary Retrieved 24 December 2018 Ignace Marianne Ignace Ronald E October 2017 Secwepemc People Land and Laws Yeri7 re stsq ey s kucw Secwepemcul ecw Canada McGill Queen s University Press p 624 ISBN 9780773551305 Who We Are Inuit Tapiriit Kanatami ᐃᓄᐃᑦ ᑕᐱᕇᑦ ᑲᓇᑕᒥ Inuit Tapiriit Kanatami ᐃᓄᐃᑦ ᑕᐱᕇᑦ ᑲᓇᑕᒥ Retrieved 24 December 2018 Smith Shirleen 1999 Dene Treaties Anthropology and Colonial Relationships PhD thesis University of Alberta doi 10 7939 R3ZG6GC9Q Tlingit Law American Justice and the Destruction of Tlingit Villages Vimeo Sealaska Heritage InstituteP 20 November 2012 Retrieved 24 December 2018 Williams Jackie Lingit kusteeyi What my Grandfather taught me Taku River Tlingit Place Names Taku River Tlingit First Nation Retrieved 24 December 2018 A Tlingit history as recounted by Jackie Williams Wolf Clan Leader Taku River Tlingit First Nation Our Way The Traditional System Today Gitxsan Gitx san Nation Retrieved 24 December 2018 Wet suwet en People Unist ot en Camp Unist ot en Retrieved 24 December 2018 Haudenosaunee Confederacy Haudenosaunee Confederacy Haudenosaunee Retrieved 24 December 2018 Our Way The Wilp Gitxsan Gitx san Nation Retrieved 24 December 2018 Christian Leuprecht Peter H Russell 2011 Essential Readings in Canadian Constitutional Politics University of Toronto Press p 477 ISBN 978 1 4426 0368 4 Robert Leckey 2008 Contextual Subjects Family State and Relational Theory University of Toronto Press p 143 ISBN 978 0 8020 9749 1 Simon N M Young 2009 Civil Forfeiture of Criminal Property Edward Elgar Publishing p 176 ISBN 978 1 84844 621 2 Leuprecht Russell 2011 p 451 Lesley Ellen Harris 2001 Canadian Copyright Law McGraw Hill Ryerson p 15 ISBN 978 0 07 560369 6 Michelle G Grossman Julian V Roberts 2011 Criminal Justice in Canada A Reader Cengage Learning p 2 ISBN 978 0 17 650228 7 H Stephen Harris 2001 Competition Laws Outside the United States Supplement American Bar Association p 2 ISBN 978 1 57073 881 4 Kevin Heller Markus Dubber 2010 The Handbook of Comparative Criminal Law Stanford University Press p 99 ISBN 978 0 8047 7729 2 Canada James Crankshaw 1910 The Criminal Code of Canada and the Canada Evidence Act as Amended to Date Carswell Company p intro Malcolm C Kronby 2010 Canadian Family Law John Wiley and Sons p 1 ISBN 978 0 470 67647 9 Alan Price 2007 Human Resource Management in a Business Context Cengage Learning EMEA p 391 ISBN 978 1 84480 548 8 John Powell 2009 Encyclopedia of North American Immigration Infobase Publishing p 362 ISBN 978 1 4381 1012 7 Bankruptcy and Insolvency Act RSC 1985 c B 3 Government of Canada Employment and Social Development Act Acts and Regulations Labour Program Thomas F Cotter 21 March 2013 Comparative Patent Remedies A Legal and Economic Analysis Oxford University Press pp 166 167 ISBN 978 0 19 984065 6 Stuart C McCormack 1999 Intellectual Property Law of Canada Juris Publishing Inc p 11 ISBN 978 1 57823 070 9 Jean Louis Baudouin Allen M Linden 2010 Tort Law in Canada Kluwer Law International ISBN 978 90 411 3373 1 Borden Ladner Gervias LLP 2011 Trade Mark Practice in Canada Borden Ladner Gervais LLP p 1 ISBN 978 0 9730750 5 2 Augustus Henry Frazer Lefroy 2005 Canada s Federal System Being a Treatise on Canadian Constitutional Law Under the British North America Act The Lawbook Exchange p 151 ISBN 978 1 58477 591 1 INAN Section 35 of the Constitution Act 1982 Background Jan 28 2021 Immigration Refugees and Citizenship Canada Government of Canada 13 May 2021 Retrieved 27 January 2022 The Government of Canada s Approach to Implementation of the Inherent Right and the Negotiation of Aboriginal Self Government Department of Indian and Northern Affairs Archived from the original on 2011 06 13 Retrieved 2009 11 17 The Government of Canada recognizes the inherent right of self government as an existing Aboriginal right under section 35 of the Constitution Act 1982 It recognizes as well that the inherent right may find expression in treaties and in the context of the Crown s relationship with treaty First Nations Recognition of the inherent right is based on the view that the Aboriginal peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities integral to their unique cultures identities traditions languages and institutions and with respect to their special relationship to their land and their resources Lysyk Stephanie P October 2006 Evidentiary issues oral tradition evidence PDF Technical report Aboriginal Law Procedural and Dispute Resolution Issues Retrieved 25 January 2022 a b Ian Bushnell 1997 The Federal Court of Canada A History 1875 1992 University of Toronto Press pp 234 237 ISBN 978 0 8020 4207 1 Peter H Russell 2007 Canada s Trial Courts Two Tiers Or One University of Toronto Press p 32 ISBN 978 0 8020 9323 3 Michel Proulx David Layton 2001 Ethics and Canadian criminal law Irwin Law p 153 ISBN 978 1 55221 044 4 International Business Publications USA 2008 Canada Company Laws and Regulations Handbook Int l Business Publications p 36 ISBN 978 1 4330 6959 8 a href Template Cite book html title Template Cite book cite book a author has generic name help Gerhard Robbers 2006 Encyclopedia of World Constitutions Infobase Publishing p 169 ISBN 978 0 8160 6078 8 Bibliography Edit Craik Neil Forcese Craig Bryden Philip Carver Peter Haigh Richard Ratushny Ed Sullivan Ruth eds 2006 Public Law Cases materials and commentary Toronto Emond Montgomery Publications Limited ISBN 1 55239 185 X Further reading EditJonathan L Black Branch Canadian Education Association 1995 Making Sense of theCanadian Charter of Rights and Freedoms A Handbook for Administrators and Teachers Canadian Education Association ISBN 978 0 920315 78 1 John Borrows 2002 Recovering Canada The Resurgence of Indigenous Law University of Toronto Press ISBN 978 0 8020 8501 6 J Brian Casey Janet E Mills 2005 Arbitration Law Of Canada Practice And Procedure Juris Publishing Inc ISBN 978 1 929446 68 1 Ian Greene 1989 The Charter of Rights James Lorimer amp Company ISBN 978 1 55028 185 9 Calvin S Goldman John D Bodrug eds 2009 Competition Law of Canada Juris Publishing Inc ISBN 978 1 57823 096 9 Ignace Marianne amp Ignace Ronald E 2017 Secwepemc People Land and Laws Yeri7 re Stsq ey s kucw McGill Queen s University Press ISBN 0773551301 Frederick Lee Morton 2002 Law Politics and the Judicial Process in Canada University of Calgary Press ISBN 978 1 55238 046 8 Manuel Arthur Derrickson Ronald M afterword Klein Naomi foreward 2015 Unsettling Canada A National Wake Up Call Between The Lines ISBN 978 1771131766 D M McRae 2008 The Canadian Yearbook of International Law Annuaire Canadien de Droit International UBC Press ISBN 978 0 7748 5826 7 Richard Moon 2008 Law and Religious Pluralism in Canada UBC Press ISBN 978 0 7748 5853 3 Peter McCormick 2000 Supreme at Last The Evolution of the Supreme Court of Canada James Lorimer amp Company ISBN 978 1 55028 692 2 Margaret Ann Wilkinson 2010 Genealogy and the Law in Canada Dundurn ISBN 978 1 77070 585 2 External links Edit Wikisource has original works on the topic Law of Canada Wikibooks has a book on the topic of Canadian law Canadian Criminal Law Information Site Consolidated Statutes and Regulations of Canada Canada s Justice System Department of Justice CanLII Canadian Legal Information Institute Legal Information Retrieved from https en wikipedia org w index php title Law of Canada amp oldid 1126153729, wikipedia, wiki, book, books, library,

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