Fundamentals of Canadian Law: Difference between revisions

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In this section, you will learn about: Canada's laws, your rights and responsibilities, and how the laws are made.
In this section, you will learn about Canada's laws, your rights and responsibilities, and how the laws are made.  


==Canada's laws==
==The laws in Canada==
[[File:Canadian flag.jpg | right | frame | link= | Copyright www.shutterstock.com]]


Canada's laws express the values and beliefs of Canadian society. They aim to protect individuals and provide stability for society as a whole. They also aim to make sure there is a peaceful way to settle disputes.
Canada's laws express the values and beliefs of Canadian society. They aim to protect people and provide stability for society as a whole. They also aim to make sure there is a peaceful way to settle disputes.  


Many Canadians have come to Canada from other countries. Some of these countries have laws and legal systems that are different from Canada's.
[[File:Canadian flag.jpg|thumb|275px|right| link=| <span style="font-size:50%;">Image via www.istock.com</span>]]


When people come to Canada, they bring ideas about the law that they learned in their own countries. They may be surprised to find there are many differences here. It is important for newcomers to know that the laws are not the same, and to understand the differences.
===Multiple legal systems===
There are multiple legal systems in Canada. European settlers brought the English and French legal systems to Canada. Today, most of the country follows laws rooted in English common law. The province of Quebec follows civil law, which came from France. When we say “Canada’s laws,” these are the laws we’re talking about.


===Where do Canadians get their ideas about the law?===
As well, Indigenous laws exist. They operate at the same time as common law and civil law in Canada. Indigenous legal systems were disrupted by colonialism. Indigenous communities across the country are rebuilding their distinct laws in a variety of ways.


Canada's legal system and political system first came from Britain. We also brought our ideas of personal rights and freedoms from Britain. In Quebec, parts of the legal system came from France.
===Canada’s colonial past and present===
The people who are Indigenous to Canada belong to three groups — First Nations, Métis, and Inuit. Indigenous Peoples have lived on these lands for thousands of years. When settlers arrived, there were many distinct Indigenous societies. Each had its own thriving systems of government and laws, cultures, and languages.  


===Canada's constitution===
European colonizers did not take Indigenous laws or worldviews seriously. Over time, they imposed their laws and policies on Indigenous Peoples. They did this to take control of Indigenous Peoples and benefit from the lands.


The Canadian constitution is the set of rules that define the powers of the government and the rights of the people. It says how we want to govern ourselves and structure our society. The constitution includes the Charter of Rights and Freedoms (often called the “Charter”). The Charter lists Canadians’ most important rights and freedoms.
When Canada was formed in 1867, the government introduced laws that aimed to erase Indigenous Peoples as distinct peoples. Yet Indigenous Peoples and cultures have survived and adapted. Indigenous Peoples continue to fight colonial policies and laws that threaten their communities and land.  


The constitution, which  includes  the  Charter, is the highest law in Canada. This means that governments must respect it whenever they pass a law, make a policy, or have day-to-day dealings with us.
===Reconciliation is everyone’s responsibility===
Governments have started to accept responsibility for how their actions hurt Indigenous Peoples. This is due to the efforts of Indigenous Peoples. All Canadians are called to a lifelong [https://nctr.ca/ process of reconciliation].  


==Rights and freedoms==
For newcomers to Canada, a first step is to learn the truth about past and present injustices. You should also learn about the Nations on whose land you live and work. Learn about their histories, cultures, languages, and the issues facing them today.


A person’s rights and freedoms are very important to Canadians. All Canadians have some important freedoms. In Canada, you can:
==Rights and responsibilities==
===Canada’s constitution===
Canada has a '''constitution'''. It sets out the powers of the government and the rights of the people. It says how we want to govern ourselves and structure our society.  


*speak freely,
The constitution is the highest law in the Canadian legal system. Governments must respect it whenever they pass a law, make a policy, or have day-to-day dealings with us.  
*believe in any religion or no religion,
*meet  with  or  join  any  group,  except  a terrorist organization,
*live and work anywhere in Canada, and
*participate in peaceful political activities.


===Legal rights===
===The rule of law===
The constitution states that the '''rule of law''' is one of Canada’s founding principles. This principle recognizes that we need laws to manage society. They help us live together peacefully.


Everyone in Canada has legal ''rights''. Some of your important legal rights are:
The rule of law means that no one is above the law. Everyone — including politicians, police officers, and wealthy individuals — must obey the law. All Canadians must respect the law even if they disagree with it. This means you must obey a law even if you don’t like it.  


*the right to be thought of as ''innocent'' until proven ''guilty'',
===Rights and freedoms===
*the right to have a fair ''trial'' in court, and
Canada’s constitution includes the [https://www.canlii.org/en/ca/laws/stat/schedule-b-to-the-canada-act-1982-uk-1982-c-11/latest/schedule-b-to-the-canada-act-1982-uk-1982-c-11.html ''Charter of Rights and Freedoms''] (often called the "Charter"). It highlights key '''freedoms''' all Canadians enjoy. For example, you can:
*the  right  not to  suffer cruel or unusual ''punishment''.
* speak freely
* believe in any religion or no religion
* meet with or join any group (except a terrorist organization)
* live and work anywhere in Canada
* participate in peaceful political activities
The Charter also spells out key legal '''rights'''. For example, everyone in Canada has the right:
* to be thought of as '''innocent''' until proven '''guilty'''
* to have a fair '''trial''' in '''court'''
* to not suffer cruel or unusual treatment or '''punishment'''


===All Canadians are equal===
The Charter also sets out '''equality rights'''. Everyone in Canada has the right to the equal protection and benefit of the law, without '''discrimination'''. This means that the laws in Canada must be applied equally to all people, regardless of personal characteristics such as race, sex, sexual orientation, age, or disability (among others).


''Equality'' is one of the most important values in Canada. Everyone in Canada is equal under the law. Laws in Canada apply to all people, including the police, judges, and those who work for the government.
===Laws against discrimination===
 
Canada's laws help protect you against unfair discrimination when you (among other things):
People in Canada do not get better jobs because of the amount of money they have, their social class or gender. For example, in Canada, women can have the same jobs as men and all the same responsibilities.
* use public services
* buy or rent a home
* look for a job
* deal with any government agency


===Human rights===
To discriminate against someone means to treat them badly or unfairly because of certain parts of their identity. These include:
[[File:Older couple reviewing papers.jpg | right | frame | link= | Copyright www.shutterstock.com]]
* race, colour, ancestry, Indigenous identity, or place of origin
* age
* sex, sexual orientation, or gender identity or expression
* marital or family status
* religion
* physical or mental disability


There are many Canadian laws that protect your rights. Laws about human rights are one example.
Discrimination is against the law in Canada. For example, it is against the law to discriminate against women. Women in Canada are equal to men. They can have the same jobs as men. They are equal partners in the family, in business, in law, and in government.


Canada’s human rights laws protect you against unfair ''discrimination'' when you:
That all said, the reality is that people living in Canada are not always treated equally. For example, women often face wage discrimination. The law says this is not okay.  
*use public services,
*buy or rent a home,
*look for a job, or
*deal with any government agency.


Discrimination is against the law in Canada. To discriminate against someone means to treat him or her differently from other people in a way that is unfair.  
As well, there are laws, policies, and practices that create and uphold discrimination. This is called '''systemic discrimination'''. For example, anti-Indigenous racism is embedded in many of our laws and institutions. Governments are starting to come to terms with this. In BC, the [https://bchumanrights.ca/ Office of the Human Rights Commissioner] works to shift discriminatory laws, policies, and cultures.


The law says that no one can discriminate against you because of your:
===Responsibilities===
*gender,
The law offers you protections, such as from discrimination and unfair treatment by others. The law also places '''responsibilities''' on you.  
*age,
*race or birthplace,
*religion,
*sexual  orientation  (gay,  lesbian,  bisexual, transsexual or straight),
*marriage  or  family  status  (single, married, or living common-law), or
*mental or physical disability.


'''For example''': It is against the law to discriminate against women. Women in Canada are equal to men. They are equal partners in the family, in business, in law, and in government.
When you rent a place to live, for example, you have the right to the quiet enjoyment of your home. Your neighbours also have this right. This means you have a responsibility not to make noise that disturbs your neighbours. And your neighbours have a responsibility not to make noise that disturbs you.  


Racial discrimination is  illegal  in  Canada.  It is against the law for anyone to discriminate against you because of the colour of your skin, or the country you or your ancestors came from.
In a similar way, your freedom of religion means you must also respect the beliefs of others. You must respect the rights of other people even if you don’t like or don’t approve of those rights.  


==Your responsibilities==
{{PLSStorybox
[[File:Hands together in circle.jpg | right | frame | link= | Copyright www.shutterstock.com]]
| image = [[File:Headshot_-_Learning_about_the_Law_-_Nina_-_2023.png|link=]]
| text      = “My co-worker Iryna used to disapprove of LGBTQ+ couples. Her culture and religion doesn’t accept them. I and others helped her learn that in Canada, it’s against the law to discriminate against people based on their sexual orientation, or their gender identity or expression. She has become much more accepting of people who identify as LGBTQ+.” <br>– Nina, Burnaby, BC
}}


In the same way that the law protects you from discrimination, the law says you have a ''responsibility'' to respect other people’s rights. For example, your right to freedom of religion means you must respect the beliefs of others.
You also have responsibilities to the community as a whole. Because you can make use of social services in Canada, you must pay your share of the taxes that finance those services. Canadian laws aim to balance rights and responsibilities.


You must respect the rights of other people even if you don’t like or don’t approve of those rights.
==How laws are made==
Canadians vote for people to represent us in government. The people who get the most votes become our elected '''representatives'''. It is their job to make the laws.


'''For example''': Irena doesn’t approve of gay couples. Her culture and religion doesn’t accept them. However, in Canada, she cannot discriminate against them.
===Voting===
 
To vote in any '''election''', you must:
You also have responsibilities to the community as a whole. Because you can make use of ''social services'' in Canada, you must pay your share of the taxes that finance those services. Canadian laws aim to balance rights and responsibilities.
* be a Canadian citizen,
 
* be at least 18 years old on election day, and  
'''For example''': When you  rent  a  place to live, you have the right to the quiet enjoyment of your home. Your neighbours also have this right. This means you have a responsibility not to make noise that disturbs your neighbors. And your neighbors have a responsibility not to make noise that disturbs you.
* be on the voters’ list.  
 
==The rule of law==
 
The rule of law means that we recognize and accept that we need laws to ''regulate'' society. We must find a way to live together peacefully. Laws exist to help us do this. The rule of law is a fundamental principle of Canadian democracy. The Charter states that the rule of law is one of the principles upon which Canada was founded.
 
The rule of law means that the law applies equally to everyone. No one is above the law. Our ''politicians'', police officers, and wealthy individuals must all obey the law. Under the rule of law, Canadians have a responsibility to respect the laws even if they disagree with them. This means you must obey a law even if you don’t like it.


==Who makes the laws?==
To vote in a British Columbia election, you must also have lived in the province for the six months before voting day. To find out how to get on the voters list for a federal election, go to Elections Canada at [https://elections.ca/ elections.ca].


Canadians vote for people to represent us in government. The people who get the most votes become our elected representatives. It is their job to make the laws.
===Who makes the laws===
When Canadians vote, they give consent to the party that wins the election to make the laws.  


When Canadians vote, we give consent to the <span class="noglossary">party</span> that wins the ''<span class="noglossary">election</span>'' to make our laws.
The elected politicians can propose new laws or '''bills'''. A bill is what a law is called before it becomes a law. These bills are debated to decide whether or not they should become laws. The goal of the debate is to explore all possible effects of a bill, both good and bad. After the debate, there is a vote. If the majority of our elected representatives vote for the bill, it can become a law.
The elected politicians can propose new laws or bills. A "bill" is what a law is called before it becomes a law. These bills are debated in <span class="noglossary">order</span> to decide whether or not they should become laws. The goal of the debate is to explore all possible effects of a bill, both good and bad. After the debate there is a vote. If the majority of our elected representatives vote for the bill, it can become a law.


===Changing the laws===
===Changing the laws===
[[File:Diverse group of people.jpg | right | frame |  link= | Copyright www.shutterstock.com]]
If someone wants to change a law, they can work with other Canadians to seek change through peaceful means. Canadians write letters, organize political protests, work with political parties, or join groups of people who have the same ideas as they do. Working in this way, groups may succeed in persuading the government to change a law. Changing a law takes a lot of time and work but Canadians believe that peaceful change is best.  
If you want a law to change, you can work with other Canadians to seek change through peaceful means. Canadians write letters, organize political protests, work with political parties, or join groups of people who have the same ideas as they do. Working in this way, groups may succeed in persuading the government to change a law. Changing a law takes a lot of time and work but Canadians believe that slow, peaceful change is best.
 
===Voting===
 
To vote in any <span class="noglossary">election</span> you must:
*be a Canadian citizen,
*be at least 18 years old on <span class="noglossary">election</span> day, and
*be on the voters’ list.
 
To vote in a BC <span class="noglossary">election</span>, you must have lived in the province for the six months before voting day. To find out how to get on the voters list for a federal <span class="noglossary">election</span>, go to Elections Canada, online at [http://www.elections.ca www.elections.ca].
 
==Levels of government==


In Canada there are three levels of government: ''federal'', ''provincial'', and ''municipal''. The Canadian constitution describes what the federal government is responsible for, and what the provincial governments are responsible for. The provincial governments can give some of their responsibilities to the municipalities.
==The government==
In Canada, there are different levels of government: federal, provincial, and municipal.  


We have a federal government for the whole country. It is called the Government of Canada. The elected representatives of the federal government are Members of Parliament, often called MPs. They meet in Ottawa. The leader of the federal government is called the Prime Minister.
===Levels of government===
The '''federal government''', called the government of Canada, acts for the whole country. The elected representatives of the federal government are members of Parliament, often called MPs. They meet in Ottawa. The leader of the federal government is called the prime minister.


The Parliament in Ottawa has two sections: the House of Commons and the Senate. The House of Commons is where Members of Parliament debate and vote in <span class="noglossary">order</span> to make laws. The purpose of the Senate is to <span class="noglossary">review</span> proposed laws to make sure they are the best they can be.
The Parliament in Ottawa has two sections: the House of Commons and the Senate. The House of Commons is where members of Parliament debate and vote in order to make laws. The purpose of the Senate is to review proposed laws to make sure they are the best they can be.  


British Columbia, like other provinces, has a provincial government. In BC the elected ''representatives'' of the provincial government are Members of the ''Legislative Assembly'', often called MLAs. They meet at the legislature in Victoria. The leader of the provincial government is called the Premier.
Provinces and territories have their own governments. British Columbia, like other provinces, has a '''provincial government'''. In BC, the elected representatives of the provincial government are members of the Legislative Assembly, often called MLAs. They meet at the legislature in Victoria. The leader of the provincial government is called the premier.


We also have local government in our cities and towns. The elected representatives are called councilors. They meet at City Hall or Town Hall. The leader of the municipal government is called the Mayor.
Canada also has '''local (municipal) governments''' in cities and towns. The elected representatives are called councillors. They meet at city hall or town hall. The leader of the municipal government is called the mayor.


===Each level of government has different responsibilities===
===Each level of government has different responsibilities===
Each level of government makes laws on what they are responsible for. The federal government has the power to make laws that affect the whole country. Examples are citizenship and immigration laws, and criminal laws.


The federal government has the power to make laws that affect the whole country. Examples are citizenship and immigration laws and criminal laws.  
Provincial governments, such as the province of British Columbia, have the power to make laws that apply only in that province. Examples are landlord and tenant laws, and most laws about employment.  


Provincial governments, such as the Province of British Columbia, have the power to make laws that apply only in that province. Examples are landlord and tenant laws, and laws about employment.  
The provincial governments can give some of their responsibilities to municipalities.  


Municipalities, cities and towns have the power to make local laws about such things as streets, parking and noise. The laws for municipalities, cities and towns are called ''bylaws''.
Municipalities, cities, and towns have the power to make local laws about things such as streets, parking, and noise. These laws are called '''bylaws'''.


===Canada has a Queen===
===Canada has a king===
King Charles III, who lives in Britain, is the king of Canada. But the king and his representative in Canada, the governor-general, are the '''symbolic''' heads of Canada. It is the elected representatives (described above) who have political power and make laws in Canada.


Queen Elizabeth II, who lives in Britain, is the Queen of Canada. The elected representatives have the political power in Canada. The Queen’s role is symbolic.
===Governance in Indigenous communities===
Indigenous Peoples have the '''inherent right to self-determination'''. The source of this right is not Canadian law. Indigenous Peoples have been self-determining for thousands of years. Indigenous communities have their own ways of organizing themselves and resolving disputes.


Canadians often say “The Queen” to mean the elected government of Canada and all of its laws. This is because the Queen and her representative in Canada, the Governor-General, are the symbolic head of Canada.
When Europeans arrived, they forced foreign systems of governance on Indigenous Peoples. Indigenous communities are working to regain control over matters that are essential to their ways of life. Each community has unique needs and goals.  


All new Canadians promise to be loyal to the Queen and her laws.
Some Indigenous communities have chosen to negotiate '''self-government agreements''' with the federal government. These communities have control over their own affairs. This can include making their own laws, deciding how to spend money, and delivering services within their community.


{{REVIEWED | reviewer = [[People's Law School]], 2013}}


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__NOGLOSSARY__

Latest revision as of 23:15, 13 March 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023.

In this section, you will learn about Canada's laws, your rights and responsibilities, and how the laws are made.

The laws in Canada

Canada's laws express the values and beliefs of Canadian society. They aim to protect people and provide stability for society as a whole. They also aim to make sure there is a peaceful way to settle disputes.

Image via www.istock.com

Multiple legal systems

There are multiple legal systems in Canada. European settlers brought the English and French legal systems to Canada. Today, most of the country follows laws rooted in English common law. The province of Quebec follows civil law, which came from France. When we say “Canada’s laws,” these are the laws we’re talking about.

As well, Indigenous laws exist. They operate at the same time as common law and civil law in Canada. Indigenous legal systems were disrupted by colonialism. Indigenous communities across the country are rebuilding their distinct laws in a variety of ways.

Canada’s colonial past and present

The people who are Indigenous to Canada belong to three groups — First Nations, Métis, and Inuit. Indigenous Peoples have lived on these lands for thousands of years. When settlers arrived, there were many distinct Indigenous societies. Each had its own thriving systems of government and laws, cultures, and languages.

European colonizers did not take Indigenous laws or worldviews seriously. Over time, they imposed their laws and policies on Indigenous Peoples. They did this to take control of Indigenous Peoples and benefit from the lands.

When Canada was formed in 1867, the government introduced laws that aimed to erase Indigenous Peoples as distinct peoples. Yet Indigenous Peoples and cultures have survived and adapted. Indigenous Peoples continue to fight colonial policies and laws that threaten their communities and land.

Reconciliation is everyone’s responsibility

Governments have started to accept responsibility for how their actions hurt Indigenous Peoples. This is due to the efforts of Indigenous Peoples. All Canadians are called to a lifelong process of reconciliation.

For newcomers to Canada, a first step is to learn the truth about past and present injustices. You should also learn about the Nations on whose land you live and work. Learn about their histories, cultures, languages, and the issues facing them today.

Rights and responsibilities

Canada’s constitution

Canada has a constitution. It sets out the powers of the government and the rights of the people. It says how we want to govern ourselves and structure our society.

The constitution is the highest law in the Canadian legal system. Governments must respect it whenever they pass a law, make a policy, or have day-to-day dealings with us.

The rule of law

The constitution states that the rule of law is one of Canada’s founding principles. This principle recognizes that we need laws to manage society. They help us live together peacefully.

The rule of law means that no one is above the law. Everyone — including politicians, police officers, and wealthy individuals — must obey the law. All Canadians must respect the law even if they disagree with it. This means you must obey a law even if you don’t like it.

Rights and freedoms

Canada’s constitution includes the Charter of Rights and Freedoms (often called the "Charter"). It highlights key freedoms all Canadians enjoy. For example, you can:

  • speak freely
  • believe in any religion or no religion
  • meet with or join any group (except a terrorist organization)
  • live and work anywhere in Canada
  • participate in peaceful political activities

The Charter also spells out key legal rights. For example, everyone in Canada has the right:

  • to be thought of as innocent until proven guilty
  • to have a fair trial in court
  • to not suffer cruel or unusual treatment or punishment

The Charter also sets out equality rights. Everyone in Canada has the right to the equal protection and benefit of the law, without discrimination. This means that the laws in Canada must be applied equally to all people, regardless of personal characteristics such as race, sex, sexual orientation, age, or disability (among others).

Laws against discrimination

Canada's laws help protect you against unfair discrimination when you (among other things):

  • use public services
  • buy or rent a home
  • look for a job
  • deal with any government agency

To discriminate against someone means to treat them badly or unfairly because of certain parts of their identity. These include:

  • race, colour, ancestry, Indigenous identity, or place of origin
  • age
  • sex, sexual orientation, or gender identity or expression
  • marital or family status
  • religion
  • physical or mental disability

Discrimination is against the law in Canada. For example, it is against the law to discriminate against women. Women in Canada are equal to men. They can have the same jobs as men. They are equal partners in the family, in business, in law, and in government.

That all said, the reality is that people living in Canada are not always treated equally. For example, women often face wage discrimination. The law says this is not okay.

As well, there are laws, policies, and practices that create and uphold discrimination. This is called systemic discrimination. For example, anti-Indigenous racism is embedded in many of our laws and institutions. Governments are starting to come to terms with this. In BC, the Office of the Human Rights Commissioner works to shift discriminatory laws, policies, and cultures.

Responsibilities

The law offers you protections, such as from discrimination and unfair treatment by others. The law also places responsibilities on you.

When you rent a place to live, for example, you have the right to the quiet enjoyment of your home. Your neighbours also have this right. This means you have a responsibility not to make noise that disturbs your neighbours. And your neighbours have a responsibility not to make noise that disturbs you.

In a similar way, your freedom of religion means you must also respect the beliefs of others. You must respect the rights of other people even if you don’t like or don’t approve of those rights.

You also have responsibilities to the community as a whole. Because you can make use of social services in Canada, you must pay your share of the taxes that finance those services. Canadian laws aim to balance rights and responsibilities.

How laws are made

Canadians vote for people to represent us in government. The people who get the most votes become our elected representatives. It is their job to make the laws.

Voting

To vote in any election, you must:

  • be a Canadian citizen,
  • be at least 18 years old on election day, and
  • be on the voters’ list.

To vote in a British Columbia election, you must also have lived in the province for the six months before voting day. To find out how to get on the voters list for a federal election, go to Elections Canada at elections.ca.

Who makes the laws

When Canadians vote, they give consent to the party that wins the election to make the laws.

The elected politicians can propose new laws or bills. A bill is what a law is called before it becomes a law. These bills are debated to decide whether or not they should become laws. The goal of the debate is to explore all possible effects of a bill, both good and bad. After the debate, there is a vote. If the majority of our elected representatives vote for the bill, it can become a law.

Changing the laws

If someone wants to change a law, they can work with other Canadians to seek change through peaceful means. Canadians write letters, organize political protests, work with political parties, or join groups of people who have the same ideas as they do. Working in this way, groups may succeed in persuading the government to change a law. Changing a law takes a lot of time and work but Canadians believe that peaceful change is best.

The government

In Canada, there are different levels of government: federal, provincial, and municipal.

Levels of government

The federal government, called the government of Canada, acts for the whole country. The elected representatives of the federal government are members of Parliament, often called MPs. They meet in Ottawa. The leader of the federal government is called the prime minister.

The Parliament in Ottawa has two sections: the House of Commons and the Senate. The House of Commons is where members of Parliament debate and vote in order to make laws. The purpose of the Senate is to review proposed laws to make sure they are the best they can be.

Provinces and territories have their own governments. British Columbia, like other provinces, has a provincial government. In BC, the elected representatives of the provincial government are members of the Legislative Assembly, often called MLAs. They meet at the legislature in Victoria. The leader of the provincial government is called the premier.

Canada also has local (municipal) governments in cities and towns. The elected representatives are called councillors. They meet at city hall or town hall. The leader of the municipal government is called the mayor.

Each level of government has different responsibilities

Each level of government makes laws on what they are responsible for. The federal government has the power to make laws that affect the whole country. Examples are citizenship and immigration laws, and criminal laws.

Provincial governments, such as the province of British Columbia, have the power to make laws that apply only in that province. Examples are landlord and tenant laws, and most laws about employment.

The provincial governments can give some of their responsibilities to municipalities.

Municipalities, cities, and towns have the power to make local laws about things such as streets, parking, and noise. These laws are called bylaws.

Canada has a king

King Charles III, who lives in Britain, is the king of Canada. But the king and his representative in Canada, the governor-general, are the symbolic heads of Canada. It is the elected representatives (described above) who have political power and make laws in Canada.

Governance in Indigenous communities

Indigenous Peoples have the inherent right to self-determination. The source of this right is not Canadian law. Indigenous Peoples have been self-determining for thousands of years. Indigenous communities have their own ways of organizing themselves and resolving disputes.

When Europeans arrived, they forced foreign systems of governance on Indigenous Peoples. Indigenous communities are working to regain control over matters that are essential to their ways of life. Each community has unique needs and goals.

Some Indigenous communities have chosen to negotiate self-government agreements with the federal government. These communities have control over their own affairs. This can include making their own laws, deciding how to spend money, and delivering services within their community.



Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Learning about the Law © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.