Canada has has comprehensive sources on matters related to Police Law, both in its legislation and case law. Canada is a constitutional monarchy modelled after the British system, which is governed by courts formed under the common law system. The Canadian Constitution divides powers between federal and provincial competencies. All the provinces follow common law jurisprudence except for Quebec where the civil law system is in incorporated into the Civil Code of Quebec.

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Canada has comprehensive sources on matters related to Police Law, both in its legislation and case law. Canada is a constitutional monarchy modelled after the British system, which is governed by courts formed under the common law system. The Canadian Constitution divides powers between federal and provincial competencies. All the provinces follow common law jurisprudence except for Quebec where the civil law system is in incorporated into the Civil Code of Quebec. The Supreme Court of Canada is a court of last resort for all issues of constitutional law. The case law serves as precedent and thus forms the system of common law.

Over the years, common law has defined many of the powers and duties of police officers. The common law rules have allowed the courts to review police conduct and tactics so as to ensure they are acceptable. Consequently, a large part of Canada’s police law is elaborated in cases of the Supreme Court of Canada. Powers of the police in Canada are regulated by the Criminal Code, the Charter of Rights and Freedoms and common law from the courts that interpret the legislation.

The Canadian Charter of Rights and Freedoms sets out the fundamental rights and freedoms of individuals and groups in Canada. Provincial and federal laws must be consistent with the Charter. It protects the rights and freedoms of groups and individuals against government action, including law enforcement. The courts have the ability to constrain the powers of police by applying the Charter to protect individuals from excessive police activity.

The Canadian Criminal Code is the statute that sets procedures for public powers of the police as well as powers of investigation. Criminal Law in Canada is under the jurisdiction of the federal government and thus Canada has one Criminal Code that is applicable throughout Canada. However, the administration of justice and penal matters are under the jurisdiction of the provinces so each province administers most of the criminal and penal law through a provincial police force even though the Royal Canadian Mounted Police (RCMP) functions as a federal police force.

The Supreme Court of Canada has asserted that unless legislation provides immunity for illegal action, illegal action by police may result in a finding of abuse of process. Complaints and investigation against police misconduct or abuse are regulated by both federal and provincial legislation. The federal legislation is the Royal Canadian Mounted Police Act, while the complaint mechanism in the province of Ontario is regulated by the Police Services Act.

The RCMP has comprehensive recruitment mechanisms through its recruitment offices in the provinces. The RCMP has also obliged itself to equal opportunities for police candidates through its Commitment to Cultural Diversity Declaration. Therefore, the RCMP is committed to a membership which is representative of Canadian multicultural society and to promoting and supporting equity within its employment practices.

Analysis provided by: Piotr Bysina, Police Legal Expert.

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