Business law in Canada
Legal Framework
- Independence of Justice
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The justice branch is independent. It plays an important role in the interpretation of the law and can repeal laws, which violate the constitution. The Supreme Court of Canada is the highest judicial body in the country.
The Minister of Justice has a double mandate: he is both Minister of Justice and Public Prosecutor of Canada.
- Equal Treatment of Nationals and Foreigners
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Canada is a constitutional State. Foreign nationals benefit from the same treatment as citizens of the country, including regarding commercial disputes. Canada is considered to be one of the least corrupt countries in the world.
- The Language of Justice
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English and French are the two judicial languages of the country.
- Recourse to an Interpreter
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The Charter of Rights and Freedoms guarantees every person has the right to an interpreter for any court appearance in Canada. However, minority groups that have a marginal demographic weight with their jurisdiction have a more more difficult time exercising their linguistic rights before the judicial bodies.
- Sources of the Law and Legal Similarities
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The main source of the law is the Canadian Constitution, which is made up of different written and non-written acts, customs, judicial decisions and traditions. The judicial system is based on English Common Law, except in Quebec where it is modeled on French civil law. The judicial power plays an important role in the interpretation of the law; it can repeal laws which violate the Constitution. The Supreme Court of Canada is the highest judicial body in the country.
In Quebec commercial law is modeled on the French Civil Code; whereas commercial law in the English-speaking provinces is mostly inspired by English law.
- Checking National Laws Online
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Justice Laws Website
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Latest Update: July 2024