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Be Informed of the Canadian Legal System

The legal system in Canada is largely based on the United Kingdom’s common law system and is considered a complex code. For all acts to be enforceable statute, these acts of the Canadian law system have to be supremely controlled by the Constitution of Canada and to remain consistent with this Constitution. Its supreme law however is described as a much more complex process compared to a single document being ratified one time. Started as simple statutes, the independent sections of the Canadian Constitutions were ratified independently and then codified in the Constitution afterwards. Furthermore, there was a ruling in the Supreme Court of Canada for the Constitution to have some unwritten principles that cover federalism, democracy, constitutionalism, the rule of law and respect for minorities.

One of the main acts of the Canadian Constitution in relation to the statutory amalgamation is the Constitution Act of 1847, and it states the powers of the federal government and the provincial governments. Included in the powers of the federal government are the enforcement of criminal law, immigration enforcement, banking regulation, laws that promote peace and order in the country, and the regulation of trade and commerce in the provinces. The provincial governments on the other hand controls the areas relating to civil rights laws, hospital regulation and creation, the municipal law and government education. Whenever there is a question on which entity has the right to constitutionally create some laws, it is the Supreme Court of Canada that will review the situation and will make the final and indisputable decision about the question.

Being the active federal lawmaking entity for the whole nation, the Canadian Parliament has powers that span into three branches of which are the House of Commons, the Canadian Senate, and the monarch. Granting the Royal Assent is the monarch’s role in the Parliament, and this is considered passive but largely symbolic. In the passing of the bill, note that the Senate serves too this same function. The House of Commons is considered as the most important section of the Parliament, and there are 308 elected representatives in the House who are to be elected and re-elected on an annual basis. It is also the House of Commons that is responsible for the drafting and ratification of any legislative acts proposal, while both Canadian Senate and monarch simply grant assent.

The power to create laws regarding criminal law enforcement may lie with the Canadian Parliament but each province is responsible for the administration of its provincial criminal courts which function on the basis of common law.

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