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Be Informed of the Canadian Legal System

The common law system of the United Kingdom is the basis of the complex code of the Canadian legal system. 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.

Under the Canadian Constitution is the Constitution Act of 1847 which is one of the main acts in the Constitution enumerating the powers of the governments under the federal and provincial system. 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 different areas on the other hand that the provincial governments control are the civil rights law, municipal law, hospital regulation and creation and education about government. 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.

The active federal lawmaking entity for the whole nation is the Canadian Parliament, and there are three branches of which its powers are divided, and these are the sections of 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. Note that the Senate too serves similar function in the passing of the bill. Considered as the most important section of the Parliament is the House of Commons, and it contains 308 representatives being elected and re-elected on a yearly 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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