Citizenship and Immigration Canada
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Welcome to Canada: What you should know

Canadian law



Canada is governed by an organized system of laws. Citizens elect representatives in Parliament and the provincial legislatures to form governments, who then create our laws. In Canada, the law applies to everyone, including police officers, judges, politicians, members of the military and government workers. Our laws were created to provide order in society, to settle disputes peacefully, and to express Canadian values and beliefs. Everyone in Canada, whether a citizen or a permanent resident, has equal access to the justice system and is protected by it.

Police

Our police forces exist to keep people safe and to enforce the law. You can ask the police for help in all kinds of situations – if there’s been an accident, if someone has stolen something from you, if you are a victim of assault, if you see a crime taking place, or if someone you know has disappeared.

There are different types of police in Canada, including provincial police departments and the Royal Canadian Mounted Police (RCMP), who enforce federal laws. Remember, the police are there to help you. In an emergency, call 911 or 0 for the operator to contact your local police force.

If you are questioned by the police or arrested, do not resist. Remember, in Canada, you are presumed innocent until proven guilty. Communicate as clearly as possible and look directly at the officer. Be ready to show some kind of identification. If you are taken into custody, you have the right to know why and to have a lawyer and a translator present, if you need one. Under Canadian law, it is a serious crime to try to bribe the police by offering money, gifts or services in exchange for special treatment.

Legal services

If you need a lawyer to protect your interests in court, you can hire one, for a fee. You may also be entitled to free legal services, or “legal aid,” depending on your income. You will find the numbers for provincial legal aid in the booklet called Key Information Sources in the back pocket of this guide. An immigrant-serving organization will also be able to tell you where and how to obtain these services.

Children’s rights

Parents in Canada have a legal duty to provide their children with the necessities of life until they reach the age of 16. However, most parents continue to support their children after they turn 16, normally until the child finishes high school and often beyond. Canadian laws protect children from abuse, including physical, psychological and sexual abuse. All forms of child abuse may result in criminal charges being laid or the intervention of child protection authorities. Child abuse includes any kind of sexual contact, neglect, and female genital mutilation.

Police, doctors, teachers and children’s aid workers will take action if they think children are being harmed. Parents are responsible above all for their children’s behaviour and well-being.

Women’s rights

In Canada, women and men are equal under the law. They have the same rights under the law, including the Canadian Charter of Rights and Freedoms, and the same obligations.

Women may choose their own vocation. Canadians believe in a merit-based society. Women serve in important decision-making roles, as judges, politicians, community leaders, military personnel, business executives, police, teachers and professionals of all kinds, and are entitled to receive the same pay as men doing the same job.

Domestic violence

No one has the right to hit or threaten people or to force them into sexual activities. The law applies to everyone, including a wife or husband, partner, girlfriend or boyfriend, parent, or another relative.

Women whose partners abuse them can seek help for themselves and their children in community shelters. They are also entitled to legal protection to keep them safe. If you or your children are being abused, call the police at 911 or 0 and ask the operator for help. They can help you find medical help or drive you to a safe place. Counselling and free legal advice are also available. There are Rape Crisis and Sexual Assault Support Centres listed in the first few pages of the telephone book and on the Internet. They are there to help you. In many Canadian cities, there are also 24-hours-a-day telephone help lines if you need someone to talk to. They can also refer you to the help you need.

Many organizations in Canada work to protect women’s rights. Some of these organizations serve immigrant women in particular. Your local immigrant-serving agency will help you find the names of these organizations. You can find information about legal rights and shelters on the Internet and near the front of your telephone book under “Distress Centres,” “Child Abuse” and “Sexual Assault.”

Many community centres also offer counselling for abusive partners who are seeking help, for families who wish to stay together, and for children.

Seniors’ rights

In Canada, a senior citizen is someone 65 years of age or older. If you are a senior, you may be entitled to certain government benefits, such as the Old Age Security (OAS) pension and the Guaranteed Income Supplement (GIS). In order to qualify, you must meet certain residency requirements. You may also be eligible for old age security benefits from your former country. Some provinces supplement these plans and offer extra benefits, such as prescription drug plans. For information, call 1‑800‑277‑9914 (toll-free). If you have a hearing or speech impairment and you use a TDD/TTY device, please call 1‑800‑255‑4786. The French toll-free number is 1‑800‑277‑9915.

In addition to government benefits, the federal government’s New Horizons for Seniors Program funds projects that help improve the quality of life for seniors and their communities. For information about the program, visit www.hrsdc.gc.ca/seniors.The New Horizons for Seniors Program also funds projects to combat elder abuse.

It is illegal to abuse or take advantage of elders. Elder abuse includes any action that someone in a relationship of trust takes which results in harm or distress to an older person. This abuse can be physical, financial, psychological or sexual, and includes neglect. Canada is committed to combating the abuse of seniors in all its forms.

Sexual orientation

Our laws protect all Canadians, including gays and lesbians, from unjust discrimination. All Canadians enjoy the same access to education, health care, jobs, housing, social services, and pensions, regardless of their sexual orientation. In 2005, Parliament passed a law extending the right to civil marriage to same-sex couples. At the same time, the law respects religious freedom, so no church, synagogue, mosque or temple can be forced to perform a marriage that goes against the religious beliefs of its members.

Language rights

Under the Official Languages Act, Canada is an officially bilingual country. This means that Canadians have the right to receive federal government services in English and French. At the provincial, territorial and municipal levels, the availability of services in both official languages varies. New Brunswick is the only province that is officially bilingual.

Animal protection

In Canada, we have a long tradition of treating animals in a humane manner, both pets and livestock (such as pigs, horses, cows, chickens, goats and other farm animals). If you find a lost or abandoned house pet, such as a dog or cat, contact your local Humane Society or animal shelter or take the animal there and they will care for it. There are animal cruelty laws in many municipalities and most provinces and territories. You may be fined or jailed if you abuse an animal.

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