Citizenship study / Chapter 7 of 10

The justice system

Study the rule of law, due process, the presumption of innocence, the role of courts and police, and access to legal help.

Law controls government as well as citizens

The rule of law means no person or government is above the law. Due process requires legal procedures to be fair. A person charged with an offence is presumed innocent until the Crown proves guilt in a fair, public hearing before an independent and impartial decision-maker.

Courts interpret and apply the law

Courts resolve disputes, conduct criminal trials and review whether government action follows the Constitution. The Supreme Court of Canada is the final court of appeal and has nine judges. Other federal and provincial courts handle matters within their jurisdiction; small claims courts address lower-value civil disputes.

Police services and accountability

The RCMP is the national police service and also provides contracted services in many communities, provinces and territories. Ontario and Quebec have their own provincial police services—the Ontario Provincial Police and the Sûreté du Québec—and municipalities may operate local forces.

Key facts to remember

  • The rule of law means everyone—including governments—is subject to the law.
  • A person accused of a crime is presumed innocent until proven guilty in a fair court process.
  • Courts settle disputes, interpret the law and require governments and individuals to respect legal rights.
  • Police keep people safe and enforce the law. You may question police conduct and use independent complaint processes.
  • The RCMP is the national police service and also provides contracted policing in many provinces, territories and communities.
  • People who cannot afford a lawyer may be able to obtain legal-aid services, depending on their province or territory and circumstances.

Check yourself

What does presumption of innocence mean?
The accused is treated as innocent unless the prosecution proves guilt in a fair court process.
What is the role of courts in Canada?
Courts settle disputes, try cases, interpret laws and review whether rights and the Constitution are respected.
Can a person question or complain about police conduct?
Yes. Police are subject to law and independent complaint processes.

Practice questions

Eight questions shaped like the official test: one right answer out of four, with the reason it is right. The timed twenty-question exams are in the app.

  1. What does the rule of law mean?

    • Police are above ordinary laws
    • No person or group is above the law
    • Only citizens must obey laws
    • Parliament may ignore the Constitution

    Answer: No person or group is above the law. The law applies to everyone, including governments, politicians and police.

  2. What is the presumption of innocence?

    • An accused person is innocent until proven guilty
    • An accused person must prove innocence
    • Only juries can apply criminal law
    • Police decide guilt

    Answer: An accused person is innocent until proven guilty. A person is presumed innocent until guilt is proven in a fair hearing.

  3. What is due process?

    • Punishment without a hearing
    • Government action according to established legal rules
    • A vote in Parliament
    • A police search without limits

    Answer: Government action according to established legal rules. Due process requires government and courts to follow established legal procedures.

  4. What is Canada’s highest court?

    • Federal Court
    • Court of Appeal
    • Supreme Court of Canada
    • Senate Court

    Answer: Supreme Court of Canada. The Supreme Court of Canada is the country’s highest court.

  5. What is a court’s central role?

    • Writing party platforms
    • Settling disputes and interpreting law
    • Running elections
    • Appointing premiers

    Answer: Settling disputes and interpreting law. Courts resolve disputes and apply and interpret the law independently.

  6. Are Canadians allowed to question police conduct or service?

    • No
    • Only during elections
    • Yes
    • Only with a senator present

    Answer: Yes. Canadians may question police conduct and use complaint processes.

  7. What service may help someone who cannot afford a lawyer?

    • Legal aid
    • The Senate
    • Elections Canada
    • The Bank of Canada

    Answer: Legal aid. Legal aid may provide free or low-cost assistance to eligible people.

  8. Which police service enforces federal laws across Canada and provides contract policing?

    • RCMP
    • Parliamentary Library
    • Canadian Armed Forces
    • Supreme Court

    Answer: RCMP. The Royal Canadian Mounted Police enforces federal law and serves many communities under contract.