Canadian Law

Canada’s Laws and you! Laws are enforced by government agencies, and the courts are sometimes involved in resolving disputes. So, there is a dynamic and important relationship among the branches of the government. The government makes and administers our laws (legislative and executive branches), and the courts apply the laws when settling legal disputes (judicial branch).

Legislative branch functions Every level of government creates laws (legislation) that affect you. The main function of the legislative branch is to enact laws and to exercise control over government action provincially (Manitoba) and municipally (Winnipeg). The Legislative Branch has the power and responsibility to debate, amend, and make laws.  It consists of City Councilors municipally and the Legislative Assembly of elected representatives (MLAs) provincially.

City Hall

Legislative Building

Continued For example: Your provincial or territorial government has the jurisdiction authority to create laws that affect you in many other ways, such as the rights between a landlord and a tenant or an employer and employee. For example, your municipal government may pass a bylaw that says you can only construct a building of a certain size in your neighbourhood. Choose 1

Executive branch functions The main function of the Executive Branch of government is responsible for administering and enforcing the laws. The Executive Branch of government is also responsible for delivering programs and services to the population For example: You may have to report to Canada Revenue Agency about your income tax return. The Crown (the Head of State), represented by the Governor General, the Prime Minister (the Head of Government) and the Cabinet are all part of the Executive Branch.

Parliamentary Building

Judicial branch functions The Judicial Branch administers justice by interpreting and applying laws, protecting the rights of citizens, and punishing those who break laws.  It is comprised of Canada’s system of courts and judges and operates independently from the other branches of government. When a legal dispute cannot be resolved outside the court system, the case “goes to litigation” or “goes to court” and after hearing all the evidence from the parties involved in the dispute, a judge or jury makes a decision about the case, based on the law that applies to the facts.

https://www.youtube.com/watch?v=QiQL-c2dfM0

Continued Federal courts include the Supreme Court of Canada, the Federal Court of Canada (Trial Division and Appellate Division), and the Tax Court. Provincial courts include the Court of Appeal of Manitoba, the Court of Queen’s Bench of Manitoba (Trial Division and Family Division), the Court of Divorce, the Probate Court, the Small Claims Court, and the Provincial Court.

Continued There are many ways to resolve disputes without going to court. Alternative Dispute Resolution (ADR), refers to the various ways disputes are resolved outside the court system, such as negotiation, mediation and arbitration. Lawyers are skilled in settling legal disputes without going to court. Mediation and arbitration services are other options for ADR.