Living in Alberta

Canadian legal system

Canadian laws are designed to protect individual rights and freedoms, solve disputes and protect society at large. With the exception of the province of Quebec, Canada's legal system is based on the British legal system and is quite different from systems based on the Napoleonic Code, which is the source of Quebec's Civil Code laws.

Anyone charged with a crime is presumed innocent until proven guilty in a court of law.

There are two types of law in Canada: criminal law and civil law.

Criminal law

Criminal laws protect individuals and Canadian society in general. The police investigate criminal offences.

Criminal laws cover many types of behaviour including:

  • Assault.
  • Murder.
  • Shoplifting (stealing from a store when it is open for business).
  • Fraud and other types of theft.
  • Trafficking and possession of marijuana and other narcotic drugs.

Example: If a husband assaults his wife or children, he is breaking a criminal law. He can be arrested by police and tried in criminal court. If he is found guilty, the court may decide to send the man to jail.

  • People may have to go to court because they have been accused of a crime, witnessed a crime or been a victim of a crime. They are given a document saying when and where they must appear in court. If they fail to appear in court at that time, they are breaking the law.
     
  • The government pays the cost of prosecuting criminal charges in court. This includes the cost of an interpreter if one is needed.

Civil law

Civil laws are designed to settle private arguments or disputes among individuals, businesses and organizations.

For example, if people disagree on who owns certain property, they can go to civil court to resolve the problem. The court uses property laws to determine who is right. If a tenant and a landlord have a disagreement over a security deposit, there are civil laws that will determine who is right.

Other things to keep in mind about civil laws:

  • They are enforced through the courts.
     
  • People may go to court to settle problems with other people, businesses or organizations. This is usually done through a lawyer but it is possible to go to court without a lawyer.
     
  • Individuals pay civil court costs. If an interpreter is needed, the individual involved must pay the cost.

Related Information

Government of Alberta

Date Updated: Mar 20, 2009
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