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Chapter 7: The justice system
The foundations of justice
Canada's justice system promises everyone due process under the law. In criminal cases it rests on the presumption of innocence: a person accused of a crime is treated as innocent until proven guilty.
The legal system grew out of a heritage that includes the rule of law, freedom under the law, democratic principles and respect for minorities. The rule of law means that no one is above the law. It applies to everyone, including judges, politicians and the police.
Another old protection is habeas corpus, which comes from English common law. It is the right to challenge being held unlawfully by the state.
What laws and courts are for
Laws exist to keep order in society, to give people a peaceful way to settle disagreements, and to reflect the values and beliefs of Canadians. Within the system, the courts settle disputes and the police enforce the law.
The Supreme Court of Canada is the country's highest court. The Federal Court (which Discover Canada calls the Federal Court of Canada) hears matters that involve the federal government. Most provinces have an appeal court and a trial court. There are also provincial courts for less serious offences, as well as family courts, traffic courts, and small claims courts, which handle civil cases about small amounts of money.
The police
The police keep people safe and enforce the law. You can ask them for help in many situations: after an accident, if something has been stolen from you, if you have been assaulted, if you see a crime happening, or if someone you know has gone missing.
Canada has several kinds of police. Discover Canada names Ontario and Quebec as the provinces with their own provincial police forces, and every province has municipal police departments. The Royal Canadian Mounted Police (RCMP) enforce federal laws across the country. The RCMP also act as the provincial police in every province and territory except Ontario and Quebec, and they police some municipalities. (In Newfoundland and Labrador, the Royal Newfoundland Constabulary also polices the larger cities.)
The police are there to help you, and you may question their service or conduct. Almost every police force has a process for raising concerns and asking for action.
Getting legal help
If you have a legal problem, a lawyer can advise you and can represent you in court. A lawyer works for you, which is different from the role of the police, who enforce the law, or a judge, who decides a case.
Cost should not stop people from getting help. If you cannot afford a lawyer, most communities offer legal aid services, which are free or cost very little. Knowing that this help exists is part of understanding how due process works in practice: everyone deserves a fair chance to explain their side and to be treated fairly by the courts.
Practice questions on this chapter
Tap a question to see the answer and explanation.
In criminal matters, Canada's judicial system is founded on which principle?
- The authority of the police
- The decision of the Prime Minister
- The rule of the majority
- The presumption of innocence
Answer: D. The presumption of innocence
The judicial system rests on the presumption of innocence: everyone is innocent until proven guilty.
Who must obey the law in Canada?
- Everyone except judges
- Everyone except elected politicians
- Only Canadian citizens
- Everyone, including judges, politicians and the police
Answer: D. Everyone, including judges, politicians and the police
The law applies to everyone in Canada, including judges, politicians and the police. No one is above the law.
According to Discover Canada, what are laws in Canada meant to provide?
- Special privileges for government officials
- Different rules for different classes of people
- Protection for the police from questions about their conduct
- Order in society and a peaceful way to settle disputes
Answer: D. Order in society and a peaceful way to settle disputes
Canada's laws are meant to keep order, give people a peaceful way to settle disputes, and express Canadians' values and beliefs.
Is this statement TRUE or FALSE? The Federal Court is the country's highest court.
- TRUE
- FALSE
Answer: B. FALSE
FALSE. The Supreme Court of Canada is the highest court. The Federal Court (called the Federal Court of Canada in Discover Canada) deals with matters concerning the federal government.
Which courts deal with lesser offences?
- The Supreme Court of Canada
- The Federal Court
- Provincial courts
- Provincial appeal courts
Answer: C. Provincial courts
Provincial courts handle lesser offences. Other specialized courts include family courts, traffic courts and small claims courts.
Test yourself on every question in this chapter in the app, with explanations in English and translations in French, Punjabi, Hindi, Arabic, Urdu and Chinese.
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