What laws do
Laws are rules made by government that everyone must follow. They:
- protect people’s rights and safety
- keep order in society
- give a peaceful way to settle disputes
- set out what people can expect from each other and from government
Without laws, people might use force to solve problems, and the strongest would always win.
The rule of law means everyone, including leaders, police and judges, must follow the law. No one is above it. Laws must also be public, so people can know them, and applied equally to everyone.
Where laws come from
| Source | Example |
|---|---|
| Laws passed by elected governments | Parliament, Congress, provincial or state legislatures, city councils |
| Constitutions | the Constitution of Canada, the U.S. Constitution |
| Court decisions | judges interpret laws, and past decisions guide future cases |
| Regulations | detailed rules made by government departments, like food safety rules |
| Treaties | agreements with other nations, or with Indigenous nations in Canada |
Kinds of law
Criminal law
Criminal law deals with crimes against society, such as theft, assault or impaired driving. In a criminal case:
- the government (the Crown in Canada, the prosecution in the United States) brings charges
- the accused is presumed innocent until proven guilty
- guilt must be proven beyond a reasonable doubt
- a person found guilty can face a fine, probation or jail
Civil law
Civil law deals with disputes between people or groups, such as a disagreement over a contract, property, a rental or an accident. In a civil case:
- one person or group (the plaintiff) sues another (the defendant)
- the decision is based on which side is more likely right
- the result is usually money paid or an action ordered
| Criminal law | Civil law | |
|---|---|---|
| Who brings the case? | the government | a person or organization |
| Purpose | punish and protect society | settle a dispute, fix a harm |
| Proof needed | beyond a reasonable doubt | more likely than not |
| Possible result | fine, probation, jail | payment, order to act |
Courts and juries
Courts apply the law to real cases. Judges make sure trials are fair. In some trials, a jury of ordinary citizens listens to the evidence and decides the facts. Jury duty is one of the responsibilities of adult citizens in both Canada and the United States.
Due process means the government must follow fair procedures before taking away someone’s freedom or rights. This includes the right to a lawyer, a fair and public hearing, and an impartial judge.
Rights and their limits
Laws protect rights such as freedom of speech, religion and assembly. But rights are not unlimited. A right can be limited when it harms the rights or safety of others.
- Freedom of speech does not allow threats, or knowingly spreading lies that damage someone’s reputation.
- Freedom of assembly does not allow blocking emergency vehicles.
In Canada, the Charter of Rights and Freedoms says rights can be subject to reasonable limits that can be justified in a free and democratic society. U.S. courts also allow some limits on rights, especially to prevent direct harm.
Responsibilities
With rights come responsibilities:
- obey laws
- respect others’ rights
- serve on a jury if called
- report crimes and help in emergencies
- take part in community life and vote
Laws change
Laws change as society changes. Over time, laws have required seatbelts and bicycle helmets for young riders in many places, banned smoking in many public spaces and protected people’s personal information online. Each of these balances individual freedom with the safety or rights of others. Citizens help change laws by voting, petitioning and speaking to representatives.
Try it yourself
Decide whether each is a criminal or civil matter:
- A neighbour’s tree falls on your fence.
- Someone steals a bike.
- Two businesses disagree about a contract.
- A driver drives while impaired.
Then write a classroom "law," explain the right it protects and describe a fair consequence for breaking it.
Answers: civil, criminal, civil, criminal.
Quick recap
- Laws protect rights, keep order and settle disputes peacefully.
- The rule of law means no one is above the law.
- Criminal law deals with crimes against society; civil law deals with private disputes.
- Rights have reasonable limits when they harm others.
- Citizens have responsibilities, like jury duty, and can help change laws.