Canada
canadian trials are decided based on previous cases or "PRECEDENTS" |
There are 3 branches in the Canadian government based on English common law: the Executive, the Legislative, and the Judicial.
- The Legislative branch of government makes laws through democratic votes by the senate and the elected members of the house of commons; - The Executive branch recommends bills to the Legislative branch for consideration and implements the laws that are passed; - The Judicial branch acts as an independent third party to clarify laws based on non-interference from the other two branches. Canadians have a right to challenge the government at any level in court if they feel that the principle of law has been breached. The path through the Canadian judicial system begins in a provincial or territorial court or provincial or territorial superior court depending on the nature of the offence, called Courts of First Appearance. Provincial courts hear most criminal cases with the exception of the most serious cases as those are heard in Superior court.
The next level in the judicial system are Provincial courts of Appeal, which hear appeals from cases of the lower courts. The Courts of Appeal have the ability to dismiss, uphold or change a ruling, or order a new trial. Federal courts travel to hear cases throughout Canada based on the unique experience of Federal judges, so that those involved in cases do not have to go to Ottawa to have a hearing. The Federal Court of Appeal is for all cases arising out of federal courts. The Supreme Court of Canada is the final court of appeal available in the country, consisting of 9 judges appointed by the Prime Minister who cannot be removed by the Prime Minister, allowing them total autonomy and independence in their judgements. |
Our present legal system is returning to the ABORIGINAL idea of RESTORATIVE justice |
The history of Canadian law began with the Aboriginal influence based on oral traditions, replaced by the legal systems of early Canadian settlers bringing civil law from France and common law from Britain, which became the foundation for Canadian law today.
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"Canadian Government System." YouTube. YouTube, 3 Aug. 2013. Web. 5 June 2015. .
Blair, Annice, and Kathleen Elliott. Canadian and International Law. Don Mills, Ontario: Janice Schoeing, 2004. Print.
Blair, Annice, and Kathleen Elliott. Canadian and International Law. Don Mills, Ontario: Janice Schoeing, 2004. Print.