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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

  • Everyone in Canada is guaranteed due process: the principle that the government has to respect every legal right a person holds.
  • 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.
  • Matters involving the federal government go to the Federal Court of Canada.
  • Most provinces have both a trial court and an appeal court.
  • Below those sit the provincial courts for lesser offences, along with family courts, traffic courts and small claims courts, which handle civil cases over 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.
  • Ontario and Quebec each have a provincial police force, and every province has municipal police departments.
  • Federal laws across the whole country are enforced by the Royal Canadian Mounted Police (RCMP), which also acts as the provincial police everywhere 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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