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Difference between revisions of "Canada’s Legal System"
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→The courts apply the laws
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'''Civil law''' deals with all other legal issues, like having a contract with someone or buying property. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other. | '''Civil law''' deals with all other legal issues, like having a contract with someone or buying property. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other. | ||
== | ==Courts apply the laws== | ||
Courts exist to provide a way to apply the laws in a fair and rational manner. Courts have a variety of functions. For example, they enforce criminal law and they resolve civil law disagreements among people. | |||
Two very important principles are fundamental to the Canadian court system: | Two very important principles are fundamental to the Canadian court system: | ||
*the courts are separate from government | * the courts are separate from government | ||
*judges are independent | * judges are independent | ||
===The courts are separate from government=== | ===The courts are separate from government=== | ||
In Canada, the courts are separate from the government. This arrangement is often called "a separation of powers." | |||
The courts decide how the laws that are made by the government apply to individuals in everyday situations. A key purpose of the courts is to protect the rights and freedoms of everyone in Canada. | |||
The courts decide how the laws that are made by government apply to individuals in everyday situations. | |||
everyone in Canada. | |||
When judges make a decision in court, they apply the law made by our elected representatives. They are also guided by what other judges have decided in previous similar cases. | When judges make a decision in court, they apply the law made by our elected representatives. They are also guided by what other judges have decided in previous similar cases. | ||
===Judges are independent=== | ===Judges are independent=== | ||
In Canada, judges are free to make decisions without interference or influence from any source, including government. | In Canada, judges are free to make decisions without interference or influence from any source, including government. | ||
It is our constitutional right to have our legal issues decided by a fair decision-maker. Judges have a responsibility to listen to both sides of a case and then to make fair decisions based on the law | It is our constitutional right to have our legal issues decided by a fair, independent decision-maker. Judges have a responsibility to listen to both sides of a case and then to make fair decisions based on the law, the facts, and the evidence before them. | ||
If a judge felt pressure from the government or anyone else to decide a case in a particular way, the result would be unfair. The rights of individual citizens would not be protected. | If a judge felt pressure from the government — or anyone else — to decide a case in a particular way, the result would be unfair. The rights of individual citizens would not be protected. | ||
==Courts in British Columbia== | ==Courts in British Columbia== | ||
