The Canadian legal system: sources of law, offences and courts
593 words · checked 2026-10-03 · Pro
Sources of law
| Source | Examples | Notes |
|---|---|---|
| Constitution | Constitution Acts 1867 and 1982, including the Charter of Rights and Freedoms | Supreme law - other laws that conflict with it can be struck down |
| Federal statutes | Criminal Code, Canada Evidence Act, Controlled Drugs and Substances Act, PIPEDA | Parliament has power over criminal law across Canada |
| Provincial statutes | Ontario PSISA, Trespass to Property Act, Provincial Offences Act, Liquor Licence and Control Act; BC Security Services Act; Alberta SSIA | Provinces regulate property, licensing, workplaces |
| Regulations | O. Reg. 363/07 (Code of Conduct), Alberta Reg 55/2010 | Detailed rules made under a statute |
| Municipal by-laws | Noise, parking, loitering, smoking | Specific to each municipality - check city hall or its website |
| Common law (case law) | Court decisions interpreting the law | Courts follow earlier decisions of higher courts (precedent) |
Criminal law vs civil law
| Criminal law | Civil law | |
|---|---|---|
| Purpose | Protect society; punish wrongdoing | Settle private disputes; compensate |
| Parties | The Crown prosecutes the accused | Plaintiff sues the defendant |
| Standard of proof | Beyond a reasonable doubt | Balance of probabilities |
| Outcomes | Fines, probation, imprisonment, record | Damages (money), injunctions |
| Example for guards | Assault charge after excessive force | Lawsuit for false imprisonment or assault |
The same act can lead to both a criminal prosecution and a civil lawsuit.
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