The Development of Canadian Law

Our current laws have originated and derived primarily from the roots of our early laws which go all the way back to Canada’s birth as an independent country. Essentially, our laws are just adaptations of these root laws. However, there are of course, new laws which have been formed and added to reflect our society’s beliefs and values at a selected point in time. Our laws now are distinctly different from our laws from over 100 years ago. Obviously, this is expected because a society’s beliefs and values evolve over time, and new laws or amended laws reveal this.

To understand the roots of our laws one must understand that Canada was colonized by two different countries; typically in the past, “new” areas were colonized by one country. England and France were the two occupiers of Canada which ultimately lead to a heavy influence on Canada’s legal system. The legal systems of England and France were not, by any means, similar in nature. The bold difference between the two was that French law was written down and codified from an early point in time. Contrary to French law, written and codified English law was not developed until significantly later in England’s history.

Canada, being greatly exposed to the legal workings of England and France, was pressured to adopt their legal ways. This is why much of Canadian law is derived from the laws of France and England. Nevertheless, Canada strayed away from the bindings of France and England over time which is completely natural. The roots of Canada are still respected by Canadians and the parliamentary system. The respected roots of England are apparent through specific positions in the parliament system such as the governor general and the lieutenant general.

Canada was officially born a country on July 1, 1867. The primary factor in the success of Canada’s birth was through the British North American Act of 1867. During this time, Canada held vigorously strong ties with Britain. In fact, Canada did not have control over its affairs until 1931 – Britain did! As time progressed, these ties weakened; Canada and its citizens wanted to be a completely independent country. Many laws and amendments took place during this “identity” period.

As a democratic country, the laws of Canada exhibit the concerns of the majority of Canada’s population. Observation of a country’s laws can show a snippet of the country’s history and culture. History and culture are the primary influences on laws and punishments. It is perfectly normal and healthy for laws and punishments to change; however, a certain degree of stability should be held.