Canadian citizenship test · Discover Canada chapter 7 · 3 min read
Chapter 7: The justice system
Due process, the presumption of innocence, the rule of law, Canada's courts from the Supreme Court down, the different police forces, questioning the police and getting legal help. Study notes for the Canadian citizenship test.
Why this chapter matters
The justice section is short, but its ideas also run through the rights chapter. Expect a question or two on presumption of innocence, due process, the courts or the police.
Principles of Canadian justice
- The justice system guarantees everyone due process under the law. Due process means the government has to respect every legal right that a person has.
- In criminal matters the system rests on the presumption of innocence: everyone is innocent until proven guilty.
- Canada's legal heritage takes in due process, democratic principles, the rule of law and freedom under the law.
- Laws are written rules made by elected representatives. Courts settle disputes and police enforce the laws.
- The law applies to everyone, including judges, politicians and the police.
- Laws keep order, offer a peaceful way to settle disputes and express Canadians' values.
- The blindfolded Lady Justice stands for impartial justice: blind to everything but the facts.
The courts
| Court | Role |
|---|---|
| Supreme Court of Canada | the highest court in the country |
| Federal Court of Canada | matters concerning the federal government |
| Provincial appeal court and trial court | in most provinces; the trial court is sometimes called the Court of Queen's (King's) Bench or the Supreme Court |
| Provincial courts | lesser offences |
| Family, traffic and small claims courts | small claims courts hear civil cases involving small sums of money |
The police
- The police keep people safe and enforce the law. You can ask them for help after an accident, a theft or an assault, if you see a crime or if someone has gone missing.
- Provincial police forces exist in Ontario and Quebec. Municipal police operate in all provinces.
- The RCMP enforces federal laws throughout Canada and serves as the provincial police in the territories and in every province except Ontario and Quebec, as well as in some municipalities.
- You may question the police about their service or conduct. Almost every force has a process for raising concerns.
Getting legal help
- Lawyers can help with legal problems and represent you in court.
- If you cannot pay for a lawyer, most communities offer legal aid free or at low cost.
Check yourself
- What does the presumption of innocence mean?
- Which court is the highest in Canada?
- Which kind of court deals with civil cases about small amounts of money?
- In which two provinces does the RCMP not serve as the provincial police?
- What can you do if you cannot afford a lawyer?
Frequently asked questions
Are politicians and police above the law?
No. The guide says the law applies to everyone, including judges, politicians and the police.
What is the difference between due process and the rule of law?
The rule of law means everyone is bound by law and nobody is above it. Due process means the government must respect all of a person's legal rights.
Practise this chapter on its own in the Justice system drill, or start Canadian citizenship practice test 1.
Based on Discover Canada: The Rights and Responsibilities of Citizenship, section "The Justice System", Immigration, Refugees and Citizenship Canada. Written in our own words; read the official guide before your test.