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Chapter 4

The Justice System

Due process, the presumption of innocence, the courts, and the police.

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The principles behind it

  • The Canadian justice system guarantees everyone due process under the law. Due process is the principle that the government must respect all of the legal rights a person is entitled to.
  • In criminal matters the system is founded on the presumption of innocence: everyone is innocent until proven guilty.
  • Canada’s legal system rests on the rule of law, freedom under the law, democratic principles and due process.
  • Laws are made by elected representatives, the courts settle disputes and the police enforce the laws. The law applies to everyone, including judges, politicians and the police.

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The courts

  • The Supreme Court of Canada is the country’s highest court.
  • The Federal Court of Canada deals with matters concerning the federal government.
  • In most provinces there is an appeal court and a trial court.
  • There are also provincial courts for lesser offences, family courts, traffic courts, and small claims courts for civil cases involving small sums of money.
Is it the Court of Queen’s Bench or the Court of King’s Bench?Facts that change

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The police

  • The police keep people safe and enforce the law. You can ask them for help after an accident, if something is stolen, if you are assaulted, if you see a crime, or if someone you know has gone missing.
  • There are provincial police forces in Ontario and Quebec, and municipal police departments in all provinces.
  • The Royal Canadian Mounted Police (RCMP) enforce federal laws throughout Canada, and serve as the provincial police in all provinces and territories except Ontario and Quebec.
  • You are allowed to question the police about their service or conduct. Almost all police forces in Canada have a process for bringing concerns to them and seeking action.
  • Lawyers can help with legal problems and act for you in court. In most communities legal aid services are available free of charge or at low cost if you cannot pay.

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