Canada Licence Prep

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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Official sources

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