making and enforcing law in canada. the basics we’ve already covered: there are laws which apply:...

Making and Enforcing Law in Canada



The Basics We’ve Already Covered:

There are laws which apply:

• Only in the city or town where you live (municipal laws)

• In the whole province (provincial)

• In the whole country (federal)


Canada is Different From America

• In Canada, we have a single Criminal Code for the whole country. What is a crime in Ontario is a crime in Manitoba.

• America has more power given to individual states to do things their own way.


Countries Run On Laws• Generally, laws prohibit bad

behaviours, rather than enforce good behaviours

• When parliament discusses laws (which is all parliament does), it is changing how we will live and how our country will be run.

• The idea is to make laws which will make it possible to reliably convict people of certain behaviours without accidentally making other, normal things illegal by accident.

• Laws have to be worded very carefully.


Changing Laws is a Slow Process

• In order to add, change or remove a law in any way, it has to be completely agreed upon by several rooms full of people who disagree on almost everything.

• A bill someone puts forth might be rejected by one group for being too harsh, and at the same time by another group for being too easy.

• How to get everyone to agree? This is what parliamentary debate in the House of Commons and the Senate is all about.


Two Kinds of Laws

• In Canada, we have criminal laws and civil laws.

• Criminal law is covered under the nation-wide Criminal Code of Canada

• Civil law concerns itself mostly with situations in which people sue each other (for example, disputes over money between corporations or people working in them) The offended party gets a lawyer and starts civil proceedings.

• A third kind of law (procedural laws, which deal with laws about how to enforce laws, in terms of what evidence can be used in trials, and what court is responsible for what) will not be covered in this course.


The Monarch

Governor General

Prime Minister

Cabinet

Supreme Court of Canada

Federal Courts

Senate House of Commons

Provincial Courts

Parliament


Federal Laws

• In The Criminal Code of Canada: these laws deal with Canada-wide criminal law concerns such as firearms laws, murder, rape, terrorism, forging passports, dueling, piracy, and betting and gambling laws

• Enforced by Provincial Courts with federally appointed judges, and by provincial and municipal police forces.

• The RCMP (Royal Canadian Mounted Police) are Canada’s federal police force to deal with anything that isn’t staying within provincial borders, or affects Canada as a whole.

http://laws.justice.gc.ca/en/C-46/


The Federal Government Makes, but Does Not

Enforce Criminal Laws• Court cases do not go straight

to the federal courts. They work their way up from the provincial ones first, through courts of appeal.

• The highest court of appeal in Canada is the Supreme Court of Canada


Provincial Laws• Decided in the Provincial Legislature• Often deal with things like driving ages,

how alcohol can be purchased (including drinking age, who can sell alcohol).

• Although the Criminal Code is federal, each province has courts with federally-appointed and paid judges, enforcing the law.

• To enforce the law, some provinces have their own police forces (OPP:Ontario Provincial Police, SQ:Sûreté du Québec, the Royal Newfoundland Constabulary) while others pay the RCMP to handle their policing.


Provincial Laws Do Not Apply to Other Provinces

• Obviously, right?• But provincial courts must go along

with any decisions made by the Federal courts which are meant to apply to the whole country.

• Courts work on following the exact wording of laws. People are innocent unless you can prove they are guilty.

• Lawyers work using legal precedent to try to say “we need to enforce the law in the same way it has always been enforced in the past, using these specific court cases from the past.” Research is vital.


Québec is Different

• While provincial law in the other provinces is modeled upon (copied from) British law, Quebec’s provincial legal system is also partly modeled upon the French legal system.

• Québec handles civil law in a way that is half-British, half-French.

• For this reason, lawyers need special training if they want to work in Québec.

• Also, the drinking age is 18, and beer can be sold in corner stores.


Municipal Laws

• Get made by the Town or City Council.• Are usually called “bylaws” or

“ordinances” rather than laws.• Often include town-specific things like

where cars can park at what hours, poop and scoop laws for dogs, what parts of town can have live concerts with loud music at what hours, and so on.

• What used to be called “meter maids” who gave parking tickets are now called “by-law officers”

• Most cities and some towns have their own police forces.


Some Law Enforcers

• Ottawa Police


Smiths Falls Police


Alternate Police Enforcement


Unmarked Law Enforcement


Electric By-law Enforcement


Beatles With OPP Patch

• Paul McCartney got this patch in Toronto.


Budget and Area

• The OPP costs more than $786 Million per year

• There are just under five and a half thousand officers (5 300) and half as many cars

Regions they cover:

• Central (headquartered in Orillia)

• East (headquartered outside Smiths Falls)

• Greater Toronto (headquartered in Aurora)

• North-East (headquartered in North Bay)

• North-West (headquartered in Thunder Bay)

• West (headquartered in London)


OPP Vehicles• Cars (Ford Crown Victoria Police

Interceptors, Chevrolet Impalas and Dodge Chargers.)

• Vans and SUVs• Harley Davidson FL motorcycles• Two Eurocopter Ecureuil S355F2R TwinStar

helicopters• One Pilatus PC12/45• Boats, including LIMESTONE 350 Chevrolet

Engine marine vessel, Harbourcraft 17 / 19' marine vessels, LOWE Sea Nymph 25 hp Mercury marine vessel, Seaswirl 21' - 24' marine vessels, Hike Marine launches in various lengths ranging from 19' - 32'.

• SAVE Units (ATV's for policing of recreational activities.)


Typical Police Equipment

An on-duty police officer in Canada enforcing the Criminal Code of Canada is likely to carry:

• Sig Sauer P229 .40 handgun• Extra ammunition magazine• Handcuffs• Capsicum spray• Expandable baton• Flashlight• 2-way radio• Body armour• A notepad and pen

making and enforcing law in canada. the basics we’ve already covered: there are laws which apply:...

Documents

civil laws

changing laws

firearms laws

gambling laws

kind of law procedural

ontario provincial police

federal courts

provincial courts mus