The Canadian Legal System

• The Canadian Legal System is what type of law system?

  It is a common law system with the exception of Quebec (which has a civil law system). Judges in this system are guided by past decisions. It emerged from decisions made by judges in the royal courts and was based on the notion of precedent. A unique feature of the system is that it exists in past decisions of judges rather than being embodied in legal codes or legislation.
• Common Law


  Law that is based on customs, traditions, and practise, and is generally unwritten.
• Precedent


  A judicial that may be used as a standard in subsequent similar cases.
• How are Canadian courts organised?

  They are organised in a hierarchy, with the supreme court at the top. It follows the principle of stare decisis.
• Stare Decisis


  The principle by which higher courts set the precedent that the lower courts must follow.

  
  

  As a consequence, our statute law is found both in statures and in judicial precedents. Many laws are written down or codified, but through their decision in cases, judges can interpret, modify, extend, restrict, or strike down statutory laws.
• Statute Law


  Written laws that have been enacted by a legislative body such as the Parliament of Canada.
• Case Law


  Laws that is established by the previous court decisions and is based upon the rule of precedent.