The Supreme Court of Canada is the last resort for appeals. But it takes time and effort to submit a matter to the Supreme Court. The right to appeal to the Supreme Court of Canada is not a given for parties in civil disputes. Instead, they must first get the Supreme Court’s approval before filing the appeal. They must prove that the case involves at least one matter of national importance in order to be granted permission. As a result, the Supreme Court of Canada rarely grants permission to appeal matters involving architects, engineers, or geoscientists.
A lower court level, typically referred to as the Provincial Court, exists in every province. Provincial criminal courts and civil small claims courts are included at this level. In some jurisdictions, family courts that deal with divorce and custody matters are also included at this level. The scope of the jurisdiction of small claims courts is restricted, both in terms of the amount of awards and the nature of the claims. The legal authority over money might differ from province to province. For instance, in British Columbia, the maximum award in small claims court is $25,000. Additionally, British Columbia’s small claims court lacks authority over construction liens.
The Charter is a part of the Constitution that outlines individual rights that are applicable to everyone in Canada and, in many situations, to foreign nationals as well. Some of these rights, such as the right to counsel and the right not to self-incriminate, are relevant to criminal proceedings. Freedom of expression, freedom of association, freedom of religion, and the prohibition against discrimination are further well-known Charter rights. Race, ethnic origin, religion, handicap, and age are among the reasons for discrimination that are expressly prohibited by the Charter. The Charter only applies to actions taken by the government and its branches; private party interactions are not covered. Discrimination by private individuals is prohibited by human rights laws in every province.
Law Creation
Law is a vague and very complex subject. Clients who present their attorney with what they believe to be a straightforward legal issue may find this unpredictability unsettling when they learn, for example, that there is only a 60% chance of a favourable outcome and the amount of restitution may range widely. The fact that the law is dynamic is one factor in the lack of predictability and accuracy. Law is dynamic and varies from one place and time to another. What is regarded as established law today may not be the standard tomorrow. Human laws, in contrast to natural laws, can be changed by legislatures and courts.
Statute Law
There are various ways to develop legislation in Canada. Statutes may be passed by both the federal and provincial governments. To be effective, statute laws must be consistent with the Constitution. The laws controlling joint and several liability in negligence, rights to construction liens, contract formalities, and workers’ compensation obligations are all applicable to architecture, engineering, and geology. The laws are then interpreted by judges. Judges merely interpret laws; they do not, in theory, create them. However, in actuality, the act of interpretation invariably leads to the invention of new rights and defences. Legislation frequently grants authority to other agencies to make regulations that could be interpreted as laws.
For instance, a provincial association of engineers and geoscientists may pass bylaws, the violation of which may result in financial liability as well as other repercussions. Subordinate legislation is a term used to describe rules made by such organisations as well as by any institution established by law (such as a municipality).
Common Law
Significant portions of Canadian law are not founded on statutes. These laws were neither drafted by legislatures nor the product of a statutory interpretation. Instead, they are rules developed by judges based on legal and equitable principles that have been around for hundreds of years and can be traced back to England. Common law refers to this collection of judicial case law. Common law governs almost all jurisdictions in both Canada and the United States. The only major exceptions are the Napoleonic Code of France-based civil law systems in Quebec and Louisiana. In jurisdictions under civil law, all laws are based on statutes. In other words, common law is codified more thoroughly in civil law. Quebec-based professionals should familiarise themselves with the Civil Code. With the exception of a general overview in this chapter, the Civil Code is not discussed in this text.