Question

identify the source of Canadian law and distinguish their components

Answer 1

Legislation is enacted by every level of government in Canada – the federal government, the provinces and territories, cities and other municipalities – and forms a major body of law. Our elected representatives introduce and debate proposed laws dealing with matters within their jurisdiction. The federal government, for instance is responsible for criminal law, so Parliament makes changes to the Criminal Code, the statute that defines crimes and how the courts handle criminal cases. The provinces and territories create laws to regulate public activity in the many areas that are within provincial jurisdiction, including such things as highway traffic matters, education and the use of natural resources. Municipalities enforce bylaws and ordinances that deal with local issues, ranging from urban development to dog control. Whatever its source, this legislation forms a large body of written law that governs how Canadians live and work.The common law, also referred to as case law, is a vast body of law that judges create, case by case, as they make rulings and as they determine the precise meaning of a law or regulation. Judges review the rulings of other judges in search of legal principles that can be applied to the dispute that comes before them. Judges may add refinements of their own pertaining to the specific facts before them, as the common law grows and evolves. Judges are obligated to follow a precedent set by a higher court in their jurisdiction, under a principle known as stare decisis – a Latin term meaning standing by former decisions. The common law originated centuries ago in Britain and enhances the predictability and fairness of our system of justice. It ensures that cases that raise similar legal issues will be resolved in a similar fashion. The common law and legislation are intertwined. Judges’ interpretations of legislation become part of the common law, and legislators often enact laws that incorporate or refine common law principles.The legal system of Canada has its foundation in the English common law system, inherited from its period as a colony of the British Empire. The legal system is bi-jurisdictional, as the responsibilities of public (including criminal) and private law are separated and exercised exclusively by Parliament and the provinces respectively. Quebec, however, still retains a civil system for issues of private law as this domain falls within the exclusive jurisdiction of the provinces.Both legal systems are subject to the Constitution of Canada. The federal government has jurisdiction over certain domains which are regulated exclusively by Parliament, as well as all matters and disputes between provinces. These generally include interprovincial transport (rail, air and marine transport) as well as interprovincial trade and commerce (which generally concerns energy, the environment, agriculture). The criminal law is an area of exclusive federal jurisdiction and has its origins in the English common law. Prosecutions of most criminal offences are conducted by the provincial Attorneys General, acting under the Criminal Code.

Canada recognizes only two levels of government with sovereignty, arising from heritage, common law and the constitution: federal and provincial. All other forms of government, including municipal governments, must receive their powers through delegation, making municipal, local and regional governments creatures of sovereign governments. Territories receive their powers via delegation from the Federal Government.The evolution of Canadian law unfolded in sync with Canada’s political evolution as a colony of Britain.
In the early colonial period, “Canada” didn’t really exist, legally speaking. The nation was simply an overseas chunk of British territory, governed by British law. Things began to change in the late 18th century when Britain allowed its Canadian colonies to have their own parliaments, which permitted Canadian politicians to write some of their own laws for the first time. In 1867 Britain authorized the creation of the Constitution of Canada and Canada gained a great deal of new lawmaking powers. In 1931 Canada officially stopped being a colony of Great Britain and the U.K. parliament lost its powers to pass any laws for Canada. The last cord was cut in 1982, when Britain gave up the power to change Canada’s constitution.The federal and provincial and territorial governments are all responsible for the judicial system in Canada.Only the federal government can appoint and pay judges of the superior, or upper-level, courts in the provinces. Parliament can also establish a general court of appeal and other courts. It has created the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal, as well as the Tax Court.
Parliament also has exclusive authority over the procedure in courts that try criminal cases. Federal authority for criminal law and procedure ensures fair and consistent treatment of criminal behaviour across the country.The provinces administer justice in their jurisdictions. This includes organizing and maintaining the civil and criminal provincial courts and civil procedure in those courts.