What Are Cases and Statutes?
Author: Natalie Fraser for The Lawyers Weekly
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Statutes in Canada
Canada’s central or federal government has a Parliament to enact laws for all of Canada. Each province has a legislature to make laws dealing with local matters, and has municipalities with law-making abilities delegated to them. The territories have territorial councils to enact laws.
Laws created by any of these bodies are called statutes, or legislation. When Parliament, or any of the provincial legislatures, municipalities or territorial councils pass a statute, it takes priority over judge-made law as ruled on by the courts.
Cases
Canadian Court cases, in which two parties resolve a dispute in court, usually end with a judge's decision. These decisions form the basis of what is known as "common law", a system of rules based on "precedent". The doctrine of precedent requires judges to follow earlier decisions made in cases dealing with similar issues. Rather than being written out as rules, the common law exists only in past decisions. This allows it to adapt to changes in society.
Although under common law judges follow earlier decisions in cases dealing with similar issues, government-made laws have priority and judges must follow these first.
Canada has a common-law system, except in Quebec. Quebec has a civil-law system, in which a Civil Code contains a comprehensive statement of rules. Modification of these rules occurs as required. In Quebec, judges ruling on court cases refer to the Code, and then examine earlier cases for consistency.
Natalie Fraser practised law in Whitby, Ontario for seventeen years and is now a freelance legal writer. She often writes for The Lawyers Weekly.
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