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Edited Legal Collections Data |
Book Title: Elgar Encyclopedia of Comparative Law
Editor(s): Smits, M. Jan
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781845420130
Section: Chapter 10
Section Title: Canada
Author(s): Deturbide, Michael
Number of pages: 4
Extract:
10 Canada
Michael Deturbide
1 Introduction
Canada, situated in northern North America, is the second largest country
in the world. It is administered by a federal system of government, whereby
the authority to make and administer laws is constitutionally divided
between the federal government and the governments of ten provinces and
three territories.
Canada's legal system largely reflects the English and French traditions
brought by settlers in the 17th and 18th centuries. The mixed legal system
of Canada is highlighted by the importance of the English common law
tradition in most of the country, and the Civil Code of Quebec, which is
modelled on the French Code Napoléon. The rights and traditions of
Aboriginal peoples are also reflected in Canadian law.
Canada is officially a bilingual country. Federal laws are published and
federal government services are rendered in both English and French
throughout the country. Either English or French may be used by any person
in, or in any pleading in or process issuing from, any court established by the
federal Parliament. French is the official language of the province of
Quebec, whereas English is the official language in most other provinces.
Only one province, New Brunswick, is officially bilingual.
2 Constitutional law
Canada's Constitution is the supreme law of the country. It is comprised of
numerous written and unwritten components, the latter including consti-
tutional traditions inherited from Great Britain. The principal written
elements of Canada's Constitution are the Constitution Act, 1867 and the
Canadian ...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2006/161.html