Canada
Common law
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Canada has two private-law traditions. Nine provinces and the territories use common law. Quebec uses civil law for private matters, in its Civil Code. Public law, such as the Constitution and criminal law, is common law everywhere.
Updated October 2026. Spotted a mistake? Tell us.
Where the law comes from
- The Constitution Acts, including the Charter of Rights and Freedoms (1982)
- Federal and provincial statutes, and the Civil Code of Québec in Quebec
- Case law (precedent), including from the Supreme Court of Canada
- Aboriginal and treaty rights, which are protected by the Constitution
The main courts
- The Supreme Court of Canada at the top
- Provincial courts of appeal and superior courts, plus the Federal Court and Federal Court of Appeal for federal matters
- Provincial and territorial courts for most everyday cases
Becoming a lawyer
A law degree, then a period of practical training (articling or a bar course), then admission by the law society of the province. Lawyers trained abroad go through the National Committee on Accreditation first.
What may surprise you
- Criminal law is made by the federal Parliament but applied by provincial courts and prosecutors.
- One country, two private-law traditions: a Quebec contract lawyer and an Ontario contract lawyer use different sources.
- The Charter lets courts strike down laws, but a legislature can sometimes override certain Charter rights with the 'notwithstanding clause'.
- Canada's courts are bilingual, with English and French both official.
Related systems
How this country is classified
The University of Ottawa’s JuriGlobe database lists Canada as: Common law. It names the systems in order of importance.
The map colours a country by the first-named system, and shows both civil-law and common-law countries as “mixed”. It is a simplification, and real systems are rarely pure.
Other countries in the same family
Sources
- Supreme Court of Canada
- Department of Justice Canada: Canada's court system
- Federation of Law Societies of Canada
Sources last reviewed: October 2026.
TheLawToKnow Tools’s Legal Families Atlas is an educational overview. It simplifies on purpose, and it is not legal advice. For a real legal question about Canada, consult a lawyer qualified there. Report a mistake.

