Understanding the Canadian Legal System: A Guide for Newcomers

Introduction to the Canadian Legal System

Understanding the legal system of your new country is essential for every newcomer. Canada has a well-established legal framework that protects the rights of all people within its borders, regardless of citizenship status. Whether you are a permanent resident, a temporary worker, a refugee, or a new citizen, the law applies to you equally, and you are entitled to its protections. However, the Canadian legal system may be very different from what you experienced in your home country, and navigating it can be confusing without proper guidance.

This guide provides an overview of how the Canadian legal system works, the different types of law, the court hierarchy, your rights under the Canadian Charter of Rights and Freedoms, important legal terminology, and what to expect if you are called for jury duty. For specific immigration legal questions, you may also want to read our guide on finding an immigration lawyer or consultant.

Common Law vs. Civil Law

Common Law Provinces

Most of Canada, including all provinces except Quebec, operates under a common law system. Common law is a legal tradition that originated in England and is based on the principle of precedent, also known as stare decisis. This means that judges make decisions based not only on written statutes (laws passed by Parliament or provincial legislatures) but also on previous court decisions in similar cases. Over time, these judicial decisions build up a body of case law that guides future rulings.

In a common law system, the role of the judge is to interpret the law and apply it to the facts of each case. Lawyers present arguments and evidence, and the judge (or jury, in some cases) determines the outcome. This adversarial system means that each side presents its case, and the judge acts as a neutral decision-maker. If you are involved in a legal matter in any province outside Quebec, you will be dealing with common law principles.

Civil Law in Quebec

Quebec is unique within Canada because it uses a civil law system for private law matters such as contracts, property, and family law. Quebec's civil law tradition comes from French law, specifically the Napoleonic Code, and is codified in the Civil Code of Quebec. In a civil law system, the primary source of law is the written code itself, rather than judicial precedent. Judges in Quebec refer to the Civil Code to resolve disputes, and while previous decisions can be persuasive, they are not binding in the same way as in common law provinces.

It is important to note that Quebec uses civil law only for private matters. Criminal law and constitutional law are federal matters and follow common law principles across all of Canada, including Quebec. If you are settling in Quebec, understanding this dual system will help you navigate legal situations more effectively. You can learn more about settling in Quebec through our first two weeks settlement checklist.

The Canadian Court Hierarchy

Provincial and Territorial Courts

The lowest level of the court system consists of provincial and territorial courts. These courts handle the vast majority of cases in Canada, including most criminal offences, family law matters, small claims disputes, traffic violations, and bylaw infractions. Judges in these courts are appointed by the provincial government. There are no juries in provincial court; a judge alone hears and decides cases. If you receive a traffic ticket, are involved in a landlord-tenant dispute, or face a minor criminal charge, your case will likely be heard in provincial court.

Superior Courts

Each province and territory has a superior court, which goes by different names depending on the jurisdiction (for example, the Superior Court of Justice in Ontario, or the Supreme Court of British Columbia). Despite the name in some provinces, these are not the highest courts. Superior courts handle more serious criminal cases, large civil disputes, and divorces. They also hear appeals from provincial courts. Judges in superior courts are appointed by the federal government, and jury trials are available for certain types of cases.

Courts of Appeal

Each province and territory has a Court of Appeal that hears appeals from the superior courts. If you believe that a legal error was made in your case, you can ask the Court of Appeal to review the decision. Courts of Appeal do not re-hear the facts of a case; instead, they review whether the law was applied correctly. Decisions from Courts of Appeal are binding on all lower courts in that province.

The Supreme Court of Canada

The Supreme Court of Canada is the highest court in the country and the final court of appeal. It hears cases on important legal questions, including constitutional issues, and its decisions are binding on all courts in Canada. The Supreme Court consists of nine justices appointed by the Governor General on the advice of the Prime Minister. Not every case can be appealed to the Supreme Court; in most situations, the court must grant permission (called "leave to appeal") before it will hear a case.

Federal Courts

In addition to the provincial court system, Canada has a separate system of federal courts. The Federal Court deals with matters related to the federal government, including immigration and refugee cases, intellectual property disputes, maritime law, and challenges to federal administrative decisions. If your immigration application is refused and you wish to seek judicial review, your case will be heard in Federal Court. The Federal Court of Appeal hears appeals from the Federal Court.

The Canadian Charter of Rights and Freedoms

What the Charter Protects

The Canadian Charter of Rights and Freedoms is part of Canada's Constitution and is one of the most important legal documents in the country. The Charter guarantees fundamental rights and freedoms to everyone in Canada, not just citizens. These include freedom of expression, freedom of religion, freedom of peaceful assembly, the right to life, liberty and security of the person, the right to be free from unreasonable search and seizure, the right to a fair trial, and equality rights that protect against discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

As a newcomer, it is important to know that the Charter protects you from government actions that violate your rights. If a government official, police officer, or government agency violates your Charter rights, you may have legal recourse. The Charter does not generally apply to disputes between private individuals or businesses, but human rights legislation at the federal and provincial levels provides additional protections against discrimination in employment, housing, and services.

Key Legal Terminology for Newcomers

Criminal vs. Civil Law

In Canadian legal terminology, "criminal law" and "civil law" have specific meanings that differ from everyday usage. Criminal law deals with offences against society, such as theft, assault, fraud, and impaired driving. Criminal cases are prosecuted by the Crown (the government) and can result in penalties including fines, probation, and imprisonment. Civil law, in the general Canadian context (not to be confused with Quebec's civil law tradition), deals with disputes between individuals or organizations, such as contract disputes, personal injury claims, and property disagreements. In civil cases, the person bringing the claim (the plaintiff) seeks compensation, usually in the form of money damages, from the person being sued (the defendant).

Other Important Terms

Here are additional legal terms that newcomers should know. An "accused" or "defendant" in criminal law is the person charged with a crime. A "plaintiff" is the person who starts a civil lawsuit. "Bail" is the release of an accused person from custody while awaiting trial, sometimes with conditions. A "summons" is a legal document ordering you to appear in court. "Disclosure" refers to the evidence that the prosecution must share with the defence before a criminal trial. "Legal aid" refers to government-funded legal services for people who cannot afford a lawyer. Understanding these terms will help you communicate effectively if you ever need to interact with the legal system.

Your Right to Legal Representation

Everyone in Canada has the right to hire a lawyer to represent them in legal proceedings. If you are arrested or detained, you have the constitutional right to speak with a lawyer immediately and to be informed of that right. If you cannot afford a lawyer, you may qualify for legal aid, which is available in every province and territory. Legal aid programs provide free or low-cost legal services for people facing criminal charges, family law issues, immigration matters, and other legal problems. Eligibility is based on your income and the nature of your legal issue.

For immigration-specific legal matters, you can seek help from a licensed immigration lawyer or a Regulated Canadian Immigration Consultant (RCIC). Many community legal clinics also provide free legal information and referrals to newcomers.

Jury Duty in Canada

Who Can Be Called

Jury duty is a civic obligation in Canada. Canadian citizens may be called to serve on a jury in criminal or civil trials. In most provinces, you are eligible for jury duty if you are a Canadian citizen, are at least 18 years old, and are a resident of the province where the trial is being held. Permanent residents are generally not eligible for jury duty, although the rules vary slightly by province. Certain people are exempt from jury duty, including lawyers, judges, police officers, and members of Parliament.

What to Expect

If you receive a jury summons, you are legally required to respond. Ignoring a jury summons can result in fines or even contempt of court charges. The jury selection process involves appearing at the courthouse on the specified date. Lawyers for both sides may ask you questions to determine if you can be a fair and impartial juror. If you are selected, you will hear the evidence presented during the trial and work with the other jurors to reach a verdict. Jury duty can last from a few days to several weeks, depending on the complexity of the case.

How Canadian Law Affects Newcomers

As a newcomer, you will interact with the legal system in various ways. You must follow all Canadian laws, including traffic laws, employment laws, tax laws, and criminal laws. Ignorance of the law is not a defence in Canada. At the same time, the law protects you. If you are a victim of a crime, you have the right to report it to the police and to receive support services. If you face discrimination at work or in housing, you can file a complaint with your provincial human rights commission. If you are in an abusive situation, there are legal protections available to you, including restraining orders and access to support services.

For newcomers dealing with immigration-related legal issues, such as sponsorship breakdowns, deportation orders, or refugee claims, it is critical to seek legal advice as soon as possible. The Immigration, Refugees and Citizenship Canada (IRCC) website provides official information, and our guide on finding immigration legal help can point you in the right direction.

Resources for Understanding Canadian Law

The Department of Justice Canada provides extensive information about the Canadian legal system in plain language. Many provinces offer free legal information services, such as community legal clinics and legal information hotlines. Libraries are also excellent resources, as they often have legal reference materials and can help you find the information you need.

WelcomeAide is here to help you understand your rights and obligations in Canada. Our AI Newcomer Navigator can answer your legal questions, connect you with resources, and help you navigate the complexities of Canadian law. Explore our blog for more newcomer guides, learn about our mission, or see how to get involved in supporting newcomer communities.