Discover Canada study notes: The Justice System

This chapter explains the main ideas of Canada's justice system, the different courts, the role of the police and where to get legal help. Here are simple study notes and the key facts for the test.

The basic ideas of Canada's justice system

Canada's justice system protects every person's legal rights. Two ideas are at its centre:

• Presumption of innocence: in criminal cases, a person is treated as innocent until proven guilty.
• Due process: the government must respect all the legal rights a person has under the law.

The legal system is also based on the rule of law, freedom under the law and democratic principles.

What laws are for

Laws are written rules that Canadians follow as a society. They are made by the representatives that the people elect. Laws help keep order in society, give people a peaceful way to settle disagreements, and reflect the values and beliefs of Canadians.

An important point: the law applies to everyone. Judges, politicians and police officers must obey the law too. No one is above it.

The courts

Courts are where disagreements are settled and where people accused of crimes are tried. The guide describes several kinds of courts:

• Supreme Court of Canada: the highest court in the country.
• Federal Court of Canada: deals with matters that involve the federal government.
• Provincial appeal courts and trial courts: most provinces have both. The trial court is sometimes called the Court of King's Bench or the Supreme Court of the province (not to be confused with the Supreme Court of Canada).
• Provincial courts: hear cases about less serious offences.
• Other courts: there are family courts, traffic courts and small claims courts. Small claims courts handle civil cases about small amounts of money.

A picture in the guide shows the "Scales of Justice" with Lady Justice wearing a blindfold. The blindfold means the law is applied fairly to everyone, looking only at the facts and not at who the person is.

The police

The job of the police is to keep people safe and to enforce the law. You can ask the police for help in many situations, for example:

• if there has been an accident;
• if someone has stolen something from you;
• if you are a victim of assault;
• if you see a crime happening; or
• if someone you know is missing.

Types of police

• Provincial police: Ontario and Quebec have their own provincial police forces.
• Municipal police: there are city or town police departments in all provinces.
• Royal Canadian Mounted Police (RCMP): enforces federal laws across Canada. The RCMP is also the provincial police in all provinces except Ontario and Quebec, and in the territories, and it serves some cities and towns.

If you have a concern about how a police officer treated you or did their job, you have the right to ask questions about it. In most cases there is a process you can use to make a complaint.

Getting legal help

Lawyers can help you with legal problems and can speak for you in court. If you cannot pay for a lawyer, most communities have legal aid services. These services are free or cost very little.

Key facts to remember

• Presumption of innocence: everyone is innocent until proven guilty.
• Due process: the government must respect a person's legal rights.
• The justice system is based on the rule of law, freedom under the law and democratic principles.
• The law applies to everyone, including judges, politicians and police.
• Laws are made by elected representatives.
• The Supreme Court of Canada is the highest court.
• The Federal Court handles matters about the federal government.
• Other courts: provincial appeal and trial courts, provincial courts, family, traffic and small claims courts.
• Ontario and Quebec have provincial police forces.
• The RCMP enforces federal laws everywhere and is the provincial police in the other provinces and in the territories.
• You may question police conduct; most forces have a complaint process.
• Legal aid gives free or low-cost legal help if you cannot afford a lawyer.