The Justice System

**The rule of law** Canada's justice system is based on the rule of law — everyone, including the government, must follow the law. No one is above the law. **Two types of law** • **Criminal law** — federal law dealing with offences against society (theft, assault, murder). Prosecuted by the Crown. • **Civil law** — deals with disputes between individuals or organizations (contracts, property, family matters). **Quebec's legal system** Quebec uses a civil law system (based on the French tradition) for civil matters, while criminal law follows the same common law system as the rest of Canada. **The courts** • **Provincial and territorial courts** — handle most criminal and civil cases • **Provincial superior courts** — handle more serious cases and appeals from lower courts • **Federal Court** — deals with matters of federal law • **Supreme Court of Canada** — the highest court, final court of appeal for all cases. Nine judges including the Chief Justice. **Key legal principles** • **Innocent until proven guilty** — the Crown must prove guilt beyond a reasonable doubt • **Habeas corpus** — anyone detained can be brought before a court to determine if detention is lawful • **Right to a lawyer** — anyone arrested must be told of their right to retain a lawyer **The police** Police enforce laws, prevent crime and maintain public order. Policing is carried out at three levels: • **Municipal police** — in cities and towns • **Provincial police** — Ontario (OPP), Quebec (Sûreté du Québec) and RCMP in other provinces • **Royal Canadian Mounted Police (RCMP)** — Canada's national police force **Jury duty** When called for jury duty, citizens must serve (unless legally exempted). A jury typically consists of 12 citizens who hear evidence and decide if the accused is guilty.