Fundamentals of Canadian Law

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

Canada's laws

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 people have come to Canada from other countries. The laws and legal systems they are used to may be different from Canada's. It is important for newcomers to learn and understand the differences.

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Canada’s history

As much of Canada was once a British colony, the legal and political systems came largely from Britain. So, too, did ideas of personal rights and freedoms. In Quebec, parts of the legal system came from France.

Long before the first Europeans arrived, Indigenous Peoples lived here. Indigenous Peoples had — and still have — their own systems of government, laws, languages, and cultures.

When Canada was formed in 1867, the government introduced laws that tried to erase the cultures and ways of life of Indigenous Peoples. Only in recent years have governments recognized how their actions hurt First Nations, Métis, and Inuit Peoples. Canadians are continuing a process of reconciliation with these injustices.

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 Canada. 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 is equal under the law. Laws in Canada apply equally to all people, without regard to personal characteristics such as race, national or ethnic origin, sex, age, or disability (among others).

For more on these rights and freedoms, see Dial-A-Law’s overview of the Charter.

Human rights

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There are many Canadian laws that protect your rights. Laws about human rights are one example.

Canada’s human rights laws protect you against unfair discrimination when you:

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

Discrimination is against the law in Canada. To discriminate against someone means to treat them differently from other people based on personal characteristics that are protected under the law. These include your:

• 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

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.

Responsibilities

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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 the same 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.

For example: Irena doesn’t approve of LGBTQ+ couples. Her culture and religion doesn’t accept them. However, in Canada, she cannot discriminate against them.

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

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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 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.

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 in order 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 slow, peaceful change is best.

The government

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

As well, some Indigenous communities have self-government agreements. These communities govern themselves. This can include making their own laws, deciding how to spend money, and delivering services to members of their community.

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 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 Queen

Queen Elizabeth II, who lives in Britain, is the Queen of Canada. But the Queen and her 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.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2022.

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

__NO GLOSSARY__

In law, the rules that set out the political and legal organization of a state. The power and authority of the governments, the legislative bodies, and the courts, as well as their limits, all stem from the constitution. In Canada, there are two primary constitutional documents, the Constitution Act, 1867 and the Constitution Act, 1982. The Charter of Rights and Freedoms is part of the Constitution Act, 1982.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the making of a choice between two or more options.

(1) Agreement, or (2) the giving of permission for a thing to happen or not happen.

In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought. See "action" and "litigant."

In law, (1) a piece of draft legislation presented to the legislature for its approval,or (2) a lawyer's statement of account for services rendered to their client. See "account," "act," and "lawyer's fees."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."