Canadian Law Between the Wars

Abstract

Examined through a legal prism, Canada is an officially bilingual federal state with a bi-juridical legal system based, for the most part, on the traditions of British common law as it has evolved over the years. But in Quebec, the private law is civil law, contained in a Civil Code, derived from the laws established in what was New France. Canadian public law is essentially British. The current Head of State is King Charles III, Head of the Commonwealth. Canada’s constitution sets forth, inter alia, the jurisdictional competence of the federal government and that of the provinces and territories. Over the course of the more than 150 years since Confederation, the respective governments have engaged in much litigation, testing the limits of their respective legislative powers. Beginning in the early years of the twentieth century, an increasing volume of legislation developed as Canada progressed from its colonial status to a fully autonomous state with full control of both its domestic and foreign affairs. The scope and volume of legislation increased substantially in the lead-up to the Second World War (and thereafter) as governments, in their respective spheres, sought to create a legal environment that was attentive to a broader range of social issues. The existence of a federal state complicated the development and enactment of policies that produce the same outcomes throughout the country, since the constitution confers legislative jurisdiction on the provinces regarding property and civil rights. Much effort is expended in intergovernmental negotiations, leading to achievement of substantially harmonised results.