The Law in Canada

What is the rule of law?
The rule of law is an underlying principle in our society. It means that everyone is equal before the law and that every person in Canada must act in accordance with the law. This idea is guaranteed in our Constitution.

The Constitution dictates, among other things, what kinds of laws can be legally made in Canada. The Charter of Rights and Freedoms is part of the Canadian Constitution, and is supposed to guarantee that our laws protect the values and freedoms of our society. In other words, the Charter should protect our right to be treated equally regardless of our sex, race, religion, age, mental or physical disabilities and sexual orientation.²

Who makes the laws?
There are two types of sources of law in Canada. Laws are made by governments (federal, provincial, and municipal) and, in a different way, by the courts. (For more on the kind of law the courts make, see the section on “case law” later in this chapter.) In government, representatives elected by Canadian citizens make the law. In the courts, it is the judges who make the laws. The federal government appoints judges. For these reasons, it is important that all Canadians - especially prisoners - exercise their right to vote. Everyone should have her or his say in shaping the law in Canada.

How does the law work?
Everyone, including governments and the courts, are supposed to follow the law. All of the law-making entities shown on the chart on the next page are supposed to obey the law.

It is also important to know that there is a chain of command to the law. This means that every law made by every law-making entity shown on the chart has to be consistent with the laws that are made by the court or group above it.

In the courts, a judge’s decision on a new type of case or issue sets a new standard. This is called a precedent. All the courts below the one in which that precedent is set are supposed to make the same decision in similar cases it comes across from then on.