The Justice System

Canada's justice system is founded on the rule of law: everyone, from ordinary citizens to politicians and police officers, must obey the law. No one is above the law. Laws are made by elected representatives, and everyone is equal before the law — men and women alike, regardless of background or position.

Canadian law guarantees due process — the government must respect all of a person's legal rights when it acts. If you are accused of a crime, you are presumed innocent until proven guilty. This presumption of innocence comes from English common law and is a cornerstone of Canadian justice.

Another ancient right inherited from English law is habeas corpus: the right to challenge unlawful detention by the state. It means the government cannot hold you in jail without justifying the detention before a court. Together, these principles secure freedom and ordered liberty for everyone in Canada.

The Supreme Court of Canada is the highest court in the country. Below it are the Federal Court of Canada, which deals with matters concerning the federal government, and in each province an appeal court and a trial court. Most provinces also have provincial courts for lesser offences, family courts, traffic courts and small claims courts for civil disputes involving small amounts of money.

The police are there to keep people safe and to enforce the law. Canada has several types of police: the Royal Canadian Mounted Police (RCMP) enforce federal laws and serve as the provincial police in all provinces and territories except Ontario and Quebec, which have their own provincial forces (the Ontario Provincial Police and the Sûreté du Québec). Many large cities have their own municipal police departments.

You can question the police about their service or conduct if you feel you need to — the police must obey the law too. If you cannot pay for a lawyer, legal aid services are available in most communities, often free or at low cost, so that everyone can get legal help regardless of income.