Get Some Basic Information about the Canadian Law System
The legal system in Canada is largely based on the United Kingdom’s common law system and is considered a complex code. All acts of the Canadian law system are highly controlled by the Constitution of Canada in order for it to become enforceable in statute 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. The Canadian Constitutions has the independent sections that for over years been ratified separately and its acts were passed as simple statues in the legislature and later codified in the Constitution. There were some unwritten principles too that were further ruled in the Supreme Court of Canada relating to federalism, democracy, constitutionalism, the rule of law and respect for minorities.
One of the main acts of the Canadian Constitution in relation to the statutory amalgamation is the Constitution Act of 1847, and it states the powers of the federal government and the provincial governments. The federal government includes powers to enforce the criminal law, enforcement of immigration, regulation on banking, peace and order law to promote in the country, and 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. It is the Supreme Court of Canada that will analyze questions about the situation, if there are some disputes as to which entity has the right to create a law if need be, and it is the decision of the Supreme Court considered as final and indisputable.
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. The Senate on the other hand can serve the same function when passing the bill. The House of Commons is considered as the most important section of the Parliament, and there are 308 elected representatives in the House who are to be elected and re-elected on an annual basis. Further, the House of Commons also has the responsibility of drafting and ratifying any proposed legislative acts, while the mere granting of assent falls on the Canadian Senate and monarch.
Although it is the Canadian Parliament that has the power to create laws regarding criminal law, each of the provinces is still responsible for the administration of provincial criminal courts that operates basing the common law.