Courts, police and your rights

Carlos is forty-six. He came from El Salvador, and he drives a delivery van in Hamilton. One evening, a police officer pulls him over. His tail light is broken. The officer is polite, and Carlos gets a warning. Later he wonders. Could he have asked the officer questions? Or would that be rude? I'm Vinnie. Remember, this is a free, independent course. It is not a government course.

This is also general information, not legal advice. So here is the question. In Canada, who makes the laws, who enforces them, and who settles disputes? And may you question the police?

The official study guide, Discover Canada, has a short chapter called The Justice System. It begins with the rule of law. That means the law applies to everyone, including judges, politicians and the police. No one is above the law. The guide also names due process. That means the government must respect your legal rights. And there is the presumption of innocence. You are innocent until proven guilty.

Now, who does what. The people we elect make the laws. The police enforce the laws. The courts settle disputes. The highest court is the Supreme Court of Canada. The Federal Court deals with matters about the federal government. Each province has a trial court and an appeal court. There are also courts for lesser offences, family matters, traffic, and small claims.

Next, the police. The Royal Canadian Mounted Police, the RCMP, enforce federal laws everywhere in Canada. In every territory, and in most provinces, they are also the provincial police. But not in Ontario and Quebec. Those two provinces have their own provincial police. Cities and towns can have their own police too. And here is the answer for Carlos. Yes. You may question the police about their service or their conduct.

What if you need a lawyer and can't pay? The guide says legal aid can help. Legal aid is free or low-cost legal help for people who cannot afford a lawyer. And for advice on your own immigration or citizenship case, only licensed representatives may charge you money.

Let's make it stick. Three words: make, enforce, decide. The people we elect make the laws. The police enforce them. The courts decide. And for the police, picture the middle of the country. The RCMP work everywhere, but the two provinces of Central Canada, Ontario and Quebec, keep their own provincial police.

Let's change one fact. What if Carlos lived in Manitoba, not Ontario? Then his provincial police would be the RCMP. In Ontario, the provincial police are Ontario's own force. But the RCMP still enforce federal laws in Ontario, just as they do everywhere else.

The mistake people make is thinking the police decide who is guilty. They don't. The police enforce the law, and a court decides. Until then, you are presumed innocent. Another mistake is believing you may never question an officer. The guide says you may ask about their service or conduct.

Here's the one thing to remember. The law applies to everyone, even the police. Courts settle disputes, the police enforce the law, and you may question the police about their service or conduct.

This week, read the guide's chapter called The Justice System. It is short. Then answer two of the guide's study questions out loud. What is the role of the courts? Can you question the police about their service or conduct?

Next time, Canada's symbols, honours and holidays, from the maple leaf to O Canada.