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ARTICLE · 15 MARCH 2021

Exactly The Same, But Totally Different: A Few Small But Notable Differences Between Canada And U.S. Legal Systems

Legal institutions in Canada and the United States share a common ancestor: British common law. As the neighbours' systems have evolved over time...

CanadaGovernment, Public Sector

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.

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