Canada’s legal system is characterized by a certain diversity. Although the influence of English law is predominant and is common to the country.

The peculiarity of the legal system is determined by its historical development. The territory of the future Canada was first settled by settlers from France and then from England. These countries competed for ownership of the territory. In 1763, Canada became a British Crown Colony and was placed under full English law.

But one of the provinces, Quebec, which had a predominantly French population, remained committed to French law rather than English law. Significant features of Quebec’s legal system persist to this day. Quebec is one of Canada’s ten provinces with a majority of French Canadians (27% of the country).

When Canada became a British colony, the English common law system was naturally established. Under this system, decisions of high courts, not only Canadian but also British, are given the force of judicial precedent and are considered the same source of law as legislation created by Parliament.

In Canada the rules of the so-called law of equity, which developed in the decisions of the Court of Chancery in the 15th and 19th centuries, also apply and retain a certain measure of autonomy. Whereas in England these rules are included in the common law system.

Until 1933 the decisions of the Canadian courts were subject to appeal to the Judicial Committee of the Privy Council in London. But earlier decisions of the English courts interpreting English laws and common law in Canada are still binding. The Supreme Court of Canada now plays a decisive role in the unity of the common law system. But the decisions of the higher provincial courts are also binding on the lower courts.

For a long time the legislative power in Canada belonged to the British Parliament. In 1982 the Constitutional Act, which established the sovereignty of Canada, stipulated that no further acts of the British Parliament would have force in Canada.

Because of the federal structure of the country, it was necessary to establish a division of legislative competence between the center and the provinces, that is, the country’s Parliament and provincial legislative assemblies. There are currently 27 matters under federal jurisdiction, including the regulation of commerce, the economy, shipping and fishing, legislation on money and banking, patents and copyright, marriage and divorce, criminal law and procedure. The provincial governments have jurisdiction over matters of a local nature. These include: municipal institutions, provincial taxes, as well as education and training, the administration of provincial justice, and civil procedure.

In the area of civil and commercial law, there are no codes, but rather legislation on specific legal institutions. At the same time, there remains a sufficient number of institutions which are regulated mainly by the common law.

In the sphere of regulation of corporations and trade, there are laws patterned after the corresponding English law, but taking into account the experience of American laws and its own business practice.

Civil procedure is built on the principles of the Anglo-Saxon legal system and is determined by the corresponding statutes and court rules. Only the province of Quebec has a civil procedure code.

Canadian criminal law and procedure is uniform throughout the country. A new Criminal Code was issued in 1955. This Code was a revision of earlier legislation to take account of the experience of the courts and of the use of other codes, including those of the states of the Americas. The Criminal Code of 1955 enshrined criminal penalties for acts not provided for in it. At the same time, it allowed the use of common law rules for interpreting and applying the provisions of the Code.

The Code retained certain vestiges of prior law. These include corporal punishment (flogging) for armed robbery, for certain crimes against the person, and for sex crimes. The Code retained harsh penalties for many crimes. For those found to be “habitual criminals” or “sexual psychopaths,” preventive detention for an indefinite period of time is provided.

The Code also includes rules of criminal procedure, such as the jurisdiction of the courts. Of course, a penal code with such outdated provisions can hardly meet today’s social conditions. A radical revision is therefore necessary. For this purpose the Permanent Conference on the Unification of the Law in Canada is being established. It periodically discusses “model” draft laws, recommended to all the provinces. This is done to overcome the substantial differences in provincial legislation.

Laws published in Canada are published in the annual Statutes of Canada and the Statutes of Selected Provinces. Legal research is carried out in the law departments of 20 universities in Canada. Legal scholarship and jurisprudence are influenced by the writings of English and American lawyers.