Legal institutions in Canada1 and the United States share a
common ancestor: British common law. As the neighbours'
systems have evolved over time, they have each developed their own
distinct personalities, practices, and vocabularies. And yet, they
retain strong family resemblances. Or as we like to put it, the
Canadian system is just like the U.S. one – except it's
totally different.
We thought it might be useful for our American friends –
and some Canadians – to have a brief guide to a few notable
differences in the legal system here, north of the 49th
parallel. It's highly simplified and plainly non-exhaustive.
We've omitted many (many) details. We simply mean to
impart a basic understanding of the Canadian system to someone who
knows the American one.