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Marriage in Canada
Marriage remains one of the most important social institutions in Canada. It has undergone profound changes since the 1960s. The marriage rate is in decline and the traditional idea of a family is being transformed. After the turn of the millennium, the marriage rate fell to 4.7 marriages per 1,000 people (compared to 10.9 in the 1940s). Married couples are still the predominant family structure. But between 2001 and 2016, the number of common-law couples rose 51.4 per cent; more than five times the increase for married couples over the same period. The definition of what constitutes a married couple also changed in 2005 with the legalization of same-sex marriage. In 2016, 65.8 per cent of Canadian families were headed by married couples; down from 70.5 per cent in 2001. Marriage falls under federal jurisdiction, but the provinces regulate marriage ceremonies and grant marriage licences.
Criminal Code of Canada
Canada’s Criminal Code is a federal statute. It was enacted by Parliament in accordance with section 91(27) of the Constitution Act, 1867, which gives the federal government exclusive jurisdiction to legislate criminal offences in Canada. The Criminal Code contains most of the criminal offences that have been created by Parliament. Other criminal offences have been incorporated into other federal statutes. The Code defines the types of conduct that constitute criminal offences. It establishes the kind and degree of punishment that may be imposed for an offence, as well as the procedures to be followed for prosecution.
Judiciary in Canada
The judiciary is, collectively, the judges of the courts of law. It is the branch of government in which judicial power is vested. It is independent of the legislative and executive branches. Judges are public officers appointed to preside in a court of justice, to interpret and apply the laws of Canada. They are responsible for adjudicating personal, sensitive, delicate, and emotional disputes; and for resolving major social, economic, and political issues that arise within a legal context. As such, the judiciary helps mold the social fabric governing daily life.
Court System of Canada
The court system of Canada forms the judicial branch of the federal, provincial and territorial governments. It is independent of the legislative and executive branches of government. The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary, including its courts of law. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure; but not over the establishment of criminal courts. It gives the provinces exclusive power over the administration of justice in each province. Canada has four levels of court: the Supreme Court of Canada; the Federal Court and the Federal Court of Appeal, as well as provincial and territorial courts of appeal; provincial and territorial superior courts; and provincial and territorial (lower) courts. Each type of court has the authority to decide specific types of cases.