Canada · Overview
The legal system of Canada
A bijural federation: common law governs nine provinces and three territories while Québec applies its own Civil Code to private law. Criminal law is uniform and federal, and the Charter applies across the whole system.
Legal tradition
Canada belongs to the bijural: common law and québec civil law tradition. A bijural federation: common law governs nine provinces and three territories while Québec applies its own Civil Code to private law. Criminal law is uniform and federal, and the Charter applies across the whole system.
How power is divided
Sections 91 and 92 divide federal and provincial competence. Section 33 allows a legislature to override certain Charter rights for renewable five-year periods.
Where law comes from
- Constitution Acts and the Charter
- Supreme; courts may strike down inconsistent law.
- Federal and provincial statutes
- Divided by subject under sections 91–92.
- Common law and the Civil Code of Québec
- Two private-law traditions operating side by side.
- Indigenous law and treaties
- Recognised and affirmed by section 35.
The legal profession
Provincial law societies regulate admission: an accredited degree, articles, and bar admission courses. Québec has separate avocat and notaire professions.
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