Introduction to Law in Canada (75 Key Facts Explained)
If you want an introduction to law in Canada that actually sticks, here's the strategy: learn the framework first, then lock in the high-value facts. That's exactly what this guide does—clean, exam-ready, and written in plain language.
Quick note: This is general legal education, not legal advice.
📚 Introduction to law in Canada: what “law” is
A solid introduction to law in Canada starts with a definition that isn't fluffy.
Aristotle famously captured the ideal in one sharp line: "Law is reason, free from passion." That's not just philosophy—it's the mindset behind consistent rules instead of emotional decision-making.
In practice, law does three big jobs:
- Sets rules of conduct (what people can and can't do)
- Resolves disputes peacefully (courts instead of chaos)
- Limits power (so government can't just do whatever it wants)
A classic Canadian example is Roncarelli v. Duplessis, where the Supreme Court of Canada emphasized that arbitrary discretionary power violates the rule of law—government power must operate within legal limits.
🧭 Sources of law: legislation, precedent, custom
In common-law jurisdictions, legislation is a primary source of law—statutes passed by legitimate law-making bodies matter, a lot. (Learn About Parliament)
Legal positivism (exam-friendly)
Legal positivism says valid law comes from recognized institutions with authority to create it—Parliament, legislatures, and courts operating within their legal role.
Common law and precedent
The defining feature of the common law legal system is that judges follow precedent. That's the engine that makes case law predictable.
Customary law
Rules treated as binding—locally or internationally—without a formal written "law-making" process are customary law.
And yes, legal systems vary worldwide. JuriGlobe is often used to categorize legal "families," and Andorra is commonly listed among jurisdictions with a customary mono-system classification in those kinds of frameworks. (Wikipedia)
🏛️ Introduction to law in Canada: the constitutional backbone
Canada's constitutional story is basically two pillars: 1867 and 1982.
Confederation basics
The new country named Canada was created in 1867. The British North American colonies that united in the Confederation process were Nova Scotia, New Brunswick, and the Province of Canada (which became Ontario and Quebec at Confederation). (The Canadian Encyclopedia)
Canada today consists of ten (10) provinces and three (3) territories. (Canada)
Newfoundland joined Confederation and was admitted to Canada in 1949. (The Canadian Encyclopedia)
The Constitution Act, 1867 (formerly BNA Act)
The British North America Act is now called the Constitution Act, 1867. One key provision:
- Section 91 is the source of most federal power. (Department of Justice Canada)
Also, section 96 authorizes the federal government to appoint judges of provincial superior courts (often described in study notes as the "highest" provincial courts). (Nunavut Legislative Assembly)
Patriation and 1982
The Canada Act, 1982 is a statute of the United Kingdom Parliament. (UK Legislation)
Pierre Elliott Trudeau is the Canadian Prime Minister widely associated with patriating the Constitution to Canada.
The Canadian Charter of Rights and Freedoms is Part I of the Constitution Act, 1982. (Department of Justice Canada)
And Part V of the Constitution Act, 1982 sets out the amendment procedure. (Department of Justice Canada)
🧾 Introduction to law in Canada: division of powers
This is where people overcomplicate things. Don't.
Provincial powers (Constitution Act, 1867)
"Property and civil rights" is a provincial power in section 92. That one head of power explains why provinces control big chunks of everyday life like contracts, most torts, and most property issues.
"Municipal institutions" are also under provincial jurisdiction—cities exist because provinces create them.
Federal powers
Criminal law falls under federal jurisdiction. (Department of Justice Canada)
In Canada, the postal service is also federal. (Department of Justice Canada)
Paramountcy doctrine
Under the federal Paramountcy Doctrine, when a valid federal law and a valid provincial law conflict in operation, the federal law prevails.
| Area | Usually Controlled By | Example |
|---|---|---|
| Criminal law | Federal | Criminal Code; Youth Criminal Justice Act |
| Property & civil rights | Provincial | Contracts, torts, most property rules |
| Municipal institutions | Provincial | Cities and municipal bylaws |
⚖️ Courts, common law, and equity
Courts in common law jurisdictions can award monetary damages—that's a core remedy in civil claims.
England also developed a second stream of fairness-based rules called equity, historically associated with the Court of Chancery.
Also remember: Canada's legal life is concentrated in major centres—Montreal, Quebec City, and yes, Sherbrooke is a major Quebec regional centre you'll see in real legal geography.
Historically, the Province of Canada moved its seat of government among Kingston, Montreal, Toronto, Quebec City, and Ottawa. (The Canadian Encyclopedia)
📌 Precedent, stare decisis, and ratio decidendi
Here's the common law in one sentence: similar cases should be decided similarly.
- The principle that a precedent is binding on lower courts in the same jurisdiction is stare decisis.
- Each Canadian province is a separate jurisdiction; decisions from other provinces aren't binding, but can be persuasive.
A precedent can:
- Be the first statement of law on a point
- Change the law from its original principle over time
- Bind lower courts (within the same hierarchy)
The most important part of a case for exams is usually the ratio decidendi—the legal reasoning that actually decides the outcome.
And in English legal history language, a person who starts a civil (non-criminal) action in a royal court was traditionally called a plaintiff (modern wording sometimes uses "claimant," but "plaintiff" still shows up constantly).
🧾 Introduction to law in Canada: bills to statutes
A draft version of a proposed statute is called a Bill.
To become Canadian federal law, a bill must pass through debate, review, and voting, and it must be approved in identical form by both the House of Commons and the Senate, then receive Royal Assent. (Learn About Parliament)
Study-note shorthand often says federal bills go through six readings:
- Three readings in the House of Commons
- Three readings in the Senate
(With committee and other steps in between.)
Once passed and granted Royal Assent, the bill becomes a statute (a law). (Learn About Parliament)
Statutes are primary forms of legislation.
Canada's bicameral federal Parliament is made up of:
- The House of Commons
- The Senate
🧠 Statutory interpretation: mischief + bilingual meaning
Statutes aren't magic spells. Courts interpret them using principles.
- The mischief rule focuses on the problem ("mischief") Parliament aimed to fix and reads the statute in light of that purpose.
Canada is also a bilingual legislative system. The primary approach to interpreting bilingual federal statutes is often described as the Shared Meaning Rule—courts look for the meaning common to both language versions, especially when there's tension between them.
A statute may also include framing elements:
- An introductory sentence or two at the beginning stating purpose is a preamble.
- "An Act respecting witnesses and evidence" is an example of a long title (you'll see this style in federal Acts like the Canada Evidence Act).
👑 Executive power: the Crown, statutes, and prerogative
Canada is a constitutional monarchy, so a lot of government power flows through the "Crown" concept in law.
- The Crown's representative at the federal level is the Governor General.
- At the provincial level, it's the Lieutenant Governor.
- When the Lieutenant Governor acts on the advice of cabinet (the Executive Council), you'll see the term Lieutenant Governor in Council.
In modern Canada, statutory law supplies most day-to-day executive power, because governments run programs through Acts and regulations. At the same time, some executive authority still exists as prerogative power in recognized areas.
Five classic examples of prerogative powers in Canada are:
- Conduct of foreign affairs (including making treaties)
- Declaration of war
- Appointment of the prime minister and other ministers
- Issuance of passports
- Creation of Indian reserves
And yes—there's also a strong convention against political meddling in judicial work. In plain English: politicians should not interfere with judges or active court proceedings. (This connects closely with judicial independence and related conventions.)
🚆 Crown corporations + Federal Court basics
VIA Rail
VIA Rail is a federal Crown corporation. It is described in its own reporting as not an agent of the Crown (that "agent" status matters in some legal contexts). (VIA Rail Media Center)
Federal Court of Canada
The Federal Court of Canada was created in 1971, inheriting and expanding the old Exchequer Court's jurisdiction, including a major role in reviewing federal administrative decision-making. (FCT)
🏢 Public law vs private law (with examples)
This distinction shows up everywhere on exams.
Private law
Private law concerns relationships between persons.
Family law is commonly treated as a private law area (even though government statutes shape it heavily).
Public law
Criminal law is a classic example of public law, because it governs the relationship between the individual and the state.
Examples of public law areas include:
- Criminal law
- Immigration law
- Administrative law
Examples of federal statutes include:
- Canada Evidence Act
- Controlled Drugs and Substances Act
- Youth Criminal Justice Act
An example of a provincial Act:
- Ontario Highway Traffic Act
Also: In Canada, provincial legislatures are unicameral—they do not have a Senate.
Federal and territorial laws are published in official-language formats, with federal legislation enacted in both English and French, and territorial legislation commonly available in English and French (and in some territories, additional official languages are recognized).
🤝 Contract law: misrepresentation types
Misrepresentation during contract negotiations comes in three common types:
- Innocent misrepresentation
- Negligent misrepresentation
- Fraudulent misrepresentation
| Type | Core Idea | Typical Consequence |
|---|---|---|
| Innocent | False statement without negligence or fraud | Rescission may apply |
| Negligent | Careless false statement | Damages may apply |
| Fraudulent | Dishonest false statement | Damages + stronger remedies |
🧨 Tort snapshots: strict liability and vicarious liability
Tort law is civil wrongs—usually about compensation.
Examples you'll see in strict/absolute liability discussions include:
- Dangerous substances in certain contexts (classic strict-liability thinking)
- Ownership of animals in specific liability frameworks
And when your notes mention liability linked to agents/employees, the key concept to remember is vicarious liability—law can place responsibility on an employer/principal for the acts of an employee/agent in the course of their duties.
🧱 Property + business structures (NUANS included)
Real vs personal property
- Land is real property.
- Computers, cars, and company shares are examples of personal property.
Partnerships
The main disadvantage of a general partnership is that every partner is liable with the other partners for the firm's debts and liabilities.
Incorporation and NUANS
An application for incorporation often requires a NUANS report (name search). NUANS is commonly expanded as Newly Upgraded Automated Name Search, and it is used to check proposed names against existing corporate names and trademarks. (ISED Canada)
🧑💼 Introduction to law in Canada: legal professionals
Law doesn't run itself. People do.
Law societies
Law societies are responsible for:
- Setting requirements for admission to the bar (lawyers)
- Licensing paralegals (in Ontario)
- Administering professional conduct rules
- Handling public complaints
Notaries
Notaries often perform "solicitor-type" work depending on the jurisdiction:
- Witness affidavits and declarations
- Prepare contracts and real estate documentation
- Authenticate documents
In many places, lawyers can act as notaries by virtue of status, and non-lawyers may be appointed through application or examination, depending on local rules.
Paralegals (Ontario vs elsewhere)
Ontario's licensed paralegals are qualified to perform specific substantive and procedural legal work without lawyer supervision—within scope.
Across other provinces, paralegals are not uniformly regulated the same way Ontario regulates licensing, although many have formal education and may work under limits set by local practice realities.
In Ontario, licensed paralegals can act as commissioners for taking affidavits, and some may also obtain notary status through the applicable appointment process.
🚔 Criminal law essentials: Charter, justice, sentencing
A good introduction to law in Canada always includes the Charter and basic criminal-law structure.
Charter fundamental freedoms (section 2)
The four fundamental freedoms are:
- Freedom of conscience and religion
- Freedom of thought, belief, opinion and expression (including press and media)
- Freedom of peaceful assembly
- Freedom of association
Also remember: "Our rights and freedoms under the Charter are guaranteed" is not absolute language, because section 1 allows reasonable limits that can be justified in a free and democratic society.
Natural justice (six rights commonly taught)
- Right to notice
- Right to be heard and respond
- Right to representation
- Right to cross-examine
- Right to reasons
- Right to an adjudicator free from bias
Sentencing objectives (Criminal Code s. 718)
Section 718 lists these objectives of sentencing:
- Denounce unlawful conduct
- Deter the offender and others
- Separate offenders from society where necessary
- Assist in rehabilitating offenders
- Provide reparations to victims or the community
- Promote responsibility and acknowledgement of harm (Department of Justice Canada)
Court-access reforms (four common reforms)
Federal and provincial governments have pushed accessibility through:
- Unified Family Courts
- Higher small claims monetary limits
- Specialized courts to improve comfort and procedures for victims
- Case management to reduce delay
A quick federal/provincial statute map
Federal statutes regulating federal issues include:
- Youth Criminal Justice Act
- Controlled Drugs and Substances Act
- Crimes Against Humanity and War Crimes Act
- Criminal Code
A provincial statute like the Ontario Highway Traffic Act regulates provincial matters (not federal jurisdiction).
Canadian Bill of Rights
The Canadian Bill of Rights was enacted in 1960 (as a federal statute). (Department of Justice Canada)
Reception of English law (three ways)
English law could be received into a colony by:
- Settlement (English law in force applies)
- Conquest or cession (existing local laws continue until changed)
- Adoption (reception statute adopts English law as of a date)
Territories with consensus government
Two Canadian territories use a consensus style of government:
- Northwest Territories
- Nunavut (NWT Legislative Assembly)
Conclusion + next step
If you're building your foundation, this introduction to law in Canada gives you the full map: sources of law, constitutional structure, court logic, statutory process, and the professional roles you'll see in real life.
If you need help turning these concepts into real legal action—or you want to discuss paralegal and legal services related to your situation—reach out here: Contact.
❓ Frequently Asked Questions
❓ What is the simplest definition of law in Canada?
Law is a set of rules made by legitimate authorities and enforced through courts and institutions. It aims to keep order, protect rights, and resolve disputes fairly.
❓ What are the primary sources of law in Canada?
Legislation (statutes), case law (precedent), and constitutional law form the core. Customary law also matters in some contexts.
❓ What does "legal positivism" mean in plain English?
It means law is valid because recognized authorities made it. It doesn't depend on whether you think the rule is morally good.
❓ Why does Roncarelli v. Duplessis matter?
It's a famous reminder that government discretion has limits. Public officials can't use power arbitrarily without legal authority.
❓ What is the difference between public law and private law?
Public law deals with the state versus individuals (like criminal law). Private law deals with disputes between people (like contracts and property).
❓ What does "stare decisis" mean?
It means lower courts must follow binding decisions from higher courts in the same jurisdiction. That's how precedent stays consistent.
❓ What is ratio decidendi, and why do exams love it?
It's the core legal reasoning that decides a case. Exams test it because it's the part that becomes precedent.
❓ How does a federal bill become a law in Canada?
It must pass both the House of Commons and Senate in the same form, then receive Royal Assent. (Learn About Parliament)
❓ Why do people say "six readings" for federal bills?
Because there are typically three readings in each chamber. Committees and other steps happen between readings.
❓ What is the mischief rule?
It's a statutory interpretation approach focused on the problem the law was meant to fix. Courts use it to understand purpose.
❓ What is the "shared meaning rule" in bilingual interpretation?
Courts compare the English and French versions and look for a meaning that fits both, especially when wording differs.
❓ How many Supreme Court of Canada judges must come from Quebec?
At least three must be appointed from Quebec's superior courts or bar. (Department of Justice Canada)
❓ What is Part V of the Constitution Act, 1982?
It sets out the procedures for amending Canada's Constitution. (Department of Justice Canada)
❓ What are the sentencing objectives in Criminal Code section 718?
They include denunciation, deterrence, separation when needed, rehabilitation, reparations, and responsibility. (Department of Justice Canada)
❓ Which territories use consensus government?
Northwest Territories and Nunavut use a consensus style rather than party politics. (Nunavut Legislative Assembly)
📎 Sources & references
- Supreme Court Act (Quebec seats) (Department of Justice Canada)
- Parliament of Canada: How a Bill Becomes a Law (Learn About Parliament)
- Criminal Code, s. 718 (sentencing objectives) (Department of Justice Canada)
- Constitution Act, 1982 (Part V) (Department of Justice Canada)
- Federal Court: History (created 1971) (FCT)
- VIA Rail Annual Report (Crown corporation status) (VIA Rail Media Center)
- Food and Drugs Act (foods, drugs, cosmetics) (Department of Justice Canada)
