Canada Law
The Supreme Court of Canada in Ottawa, west of Parliament Hill.
The constitution is the supreme law of the country, and consists of written text and unwritten conventions. The Constitution Act, 1867, affirmed governance based on parliamentary precedent "similar in principle to that of the United Kingdom" and divided powers between the federal and provincial governments; the Statute of Westminster, 1931, granted full autonomy; and the Constitution Act, 1982, added the Canadian Charter of Rights and Freedoms, which guarantees basic rights and freedoms that usually cannot be overridden by any level of government – though a notwithstanding clause allows the federal parliament and provincial legislatures to override certain sections of the Charter for a period of five years – and added a constitutional amending formula.
Canada’s judiciary plays an important role in interpreting laws and has the power to strike down laws that violate the Constitution. The Supreme Court of Canada is the highest court and final arbiter and is led by the Right Honourable Madam Chief Justice Beverley McLachlin, P.C. since 2000. Its nine members are appointed by the Governor General on the advice of the Prime Minister and Minister of Justice. All judges at the superior and appellate levels are appointed after consultation with non-governmental legal bodies. The federal cabinet also appoints justices to superior courts at the provincial and territorial levels. Judicial posts at the lower provincial and territorial levels are filled by their respective governments.
Common law prevails everywhere except in Quebec, where civil law predominates. Criminal law is solely a federal responsibility and is uniform throughout Canada. Law enforcement, including criminal courts, is a provincial responsibility, but in rural areas of all provinces except Ontario and Quebec, policing is contracted to the federal Royal Canadian Mounted Police.
