The Justice System
Exam-focused notes based on the Canada Official Guide, Pages 36-37.
Big Picture
Due Process
The Canadian justice system guarantees everyone due process under the law.Presumption of Innocence
In criminal matters, everyone is innocent until proven guilty.Rule of Law
The law applies to everyone, including judges, politicians and police.Purpose of Laws
Laws provide order, help settle disputes peacefully, and express Canadian values and beliefs.1. Due Process & the Rule of Law
Canada's legal system is based on a heritage that includes:
- Rule of law
- Freedom under the law
- Democratic principles
- Due process
Due process: The principle that the government must respect all the legal rights a person is entitled to under the law.
Presumption of innocence: In criminal matters, everyone is considered innocent until proven guilty.
Lady Justice
The blindfolded Lady Justice symbolizes the impartial administration of laws-being blind to all considerations except the facts.
2. How the Justice System Works
| Part | Main Role |
|---|---|
| Elected representatives | Make the laws. |
| Courts | Settle disputes. |
| Police | Enforce the laws and help keep people safe. |
Key principle: Canada's laws apply to everyone-including judges, politicians and police.
3. Courts
Supreme Court of Canada
Canada's highest court.Federal Court of Canada
Deals with matters concerning the federal government.Provincial Appeal Courts
Hear appeals within the provincial court system.Trial Courts
Hear trials; in some provinces a trial court may be called the Court of Queen's Bench or the Supreme Court.Provincial Courts
Handle lesser offences.Specialized Courts
Include family courts, traffic courts and small claims courts.Small Claims Courts: Deal with civil cases involving small sums of money.
4. Police in Canada
The police are there to keep people safe and enforce the law.
When Can You Ask Police for Help?
- If there has been an accident.
- If someone has stolen something from you.
- If you are a victim of assault.
- If you see a crime taking place.
- If someone you know has gone missing.
Types of Police
| Police Service | Role in the Guide |
|---|---|
| Provincial police | Ontario and Quebec have their own provincial police forces. |
| Municipal police | Municipal police departments operate in all provinces. |
| RCMP | The Royal Canadian Mounted Police enforce federal laws throughout Canada and serve as provincial police in all provinces and territories except Ontario and Quebec, as well as in some municipalities. |
Remember: The police are there to help you.
Questions or Concerns About Police Conduct
You can question the police about their service or conduct if you feel you need to. Almost all police forces have a process for bringing concerns forward and seeking action.
5. Getting Legal Help
- Lawyers can help with legal problems and act for you in court.
- If you cannot afford a lawyer, legal aid services are available in most communities.
- Legal aid may be available free of charge or at a low cost.
Exam tip: If the question asks who can help you with a legal problem or represent you in court, the answer is generally a lawyer. If you cannot afford one, look for legal aid.
Quick Memorization Sheet
Due process: Government must respect a person's legal rights.
Criminal matters: Innocent until proven guilty.
Rule of law: The law applies to everyone.
Who makes laws? Elected representatives.
Who settles disputes? Courts.
Who enforces laws? Police.
Highest court: Supreme Court of Canada.
Federal Court: Matters concerning the federal government.
RCMP: Enforce federal laws throughout Canada.
Ontario & Quebec: Have provincial police forces.
Legal help: Lawyers; legal aid may be free or low-cost if you cannot pay.