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Some Basic Facts on the Canadian Legal System

The legal system in Canada is largely based on the United Kingdom’s common law system and is considered a complex code. The Canadian law system is also supremely controlled by the Constitution of Canada, where all acts passed by the legislature if these are to be an enforceable statute and thus have to be consistently remain with its Constitution. Compared to a single document ratified once, the supreme law though is very much more complex than that. The Canadian Constitutions has the independent sections that for over years been ratified separately and its acts were passed as simple statues in the legislature and later codified in the Constitution. Furthermore, there was a ruling in the Supreme Court of Canada for the Constitution to have some unwritten principles that cover federalism, democracy, constitutionalism, the rule of law and respect for minorities.

The Canadian Constitution has a statutory amalgamation of which the Constitution Act of 1847 is one of its main acts, and this enumerates the powers of both the federal and provincial governments. Included in the powers of the federal government are the enforcement of criminal law, immigration enforcement, banking regulation, laws that promote peace and order in the country, and the regulation of trade and commerce in the provinces. The provincial governments on the other hand controls the areas relating to civil rights laws, hospital regulation and creation, the municipal law and government education. It is the Supreme Court of Canada that will analyze questions about the situation, if there are some disputes as to which entity has the right to create a law if need be, and it is the decision of the Supreme Court considered as final and indisputable.

For the whole nation of Canada, it is the Canadian Parliament is the active federal lawmaking entity, with its powers divided into three sections that include in the House of Commons, the Canadian Senate, and the monarch. In the case of the role of the monarch in the Parliament, his or her main duty is to grant the Royal Assent which is a passive and very symbolic. The Senate on the other hand can serve the same function when passing the bill. The House of Commons is considered as the most important section of the Parliament, and there are 308 elected representatives in the House who are to be elected and re-elected on an annual basis. Further, the House of Commons also has the responsibility of drafting and ratifying any proposed legislative acts, while the mere granting of assent falls on the Canadian Senate and monarch.

Although it is the Canadian Parliament that has the power to create laws regarding criminal law, each of the provinces is still responsible for the administration of provincial criminal courts that operates basing the common law.

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