Be Informed of the Canadian Legal System

The Canadian legal system is viewed as a complex code patterned after the common law system of the United Kingdom. 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. Know that the supreme law is much more complex than a single ratified one document. Over the years, the independent sections of the Constitution have been ratified and it contains acts that were passed as simple statutes but later on being coded 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. The federal government includes powers to enforce the criminal law, enforcement of immigration, regulation on banking, peace and order law to promote in the country, and 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. If there will be some disagreements that will arise as to which entity has the Constitutional right to create certain laws, the body that will analyze the situation and make the final decision which is indisputable about the matter is the Supreme Court of Canada.

Being the active federal lawmaking entity for the whole nation, the Canadian Parliament has powers that span into three branches of which are the House of Commons, the Canadian Senate, and the monarch. Considered as passive and very symbolic, the role of the monarch in the Parliament is to grant the Royal Assent. The Senate on the other hand can serve the same function when passing the bill. Considered as the most important section of the Parliament is the House of Commons, and it contains 308 representatives being elected and re-elected on a yearly basis. It is also the House of Commons that is responsible for the drafting and ratification of any legislative acts proposal, while both Canadian Senate and monarch simply grant assent.

The power to create laws regarding criminal law enforcement may lie with the Canadian Parliament but each province is responsible for the administration of its provincial criminal courts which function on the basis of common law.

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