Law and Justice between Canada and the US - Essay Example

? The Law and Justice between America and Canada Thesis ment: Maintenance of law and justice in the state is the most important aspect that reflects upon people`s actions and reactions within the society. Every state has its own set of rules and regulations, which differentiate its law and justice system from other countries. America and Canada has good trade relations mainly because of free trade agreement between these two states. Canada and America are close neighbors and these countries have somewhat similar law and justice system. In this paper, we shall conduct the comparative analysis of the law and justice between Canada and the US. Importance of Topic: The theme of this paper revolves around laws and jurisdiction in the US and Canada. Topic is related to the principles of American and Canadian system and social life in two different states. These laws regulate each aspect of citizens` life and allow them enjoy given rights within the country. Additionally, this topic significantly covers the similarities and differences between American and Canadian law and justice systems (Boyd). This topic highlights the role and rights and Canadian and American citizens who are obliged to follow country`s rule strictly. And, the manner they deserve to treat in the country under peculiar circumstances and social ethics. The topic also includes notions of legal decisions that are made with respect to the regulations of the country and adapted system. Specifically, this topic aims to cover the comparative examination of the American law and justice system with Canadian jurisdiction system (Boyd). The Law Subject: The law subject is quite wider in scope and it allows students view law and justice system clearly and understands it completely, and provides sufficient knowledge about different law related systems of the world. The law subject is very important part of learning legal relationships and rights of legal citizens along with the statuses of immigrant citizens in the foreign countries. As Canada and America are two important and stronger countries at the global level and these countries are close in terms of regulations and jurisdictions. Therefore, it is significantly important to study the law and justice between America and Canada to view and understand the difference and similarities between the laws of these two closely related countries (Boyd). This topic is highly relevant to the subject of law as comparison between laws of two strong states helps us understand the importance of law and justice system with respect to the territory, geographical location and the governmental systems that regulate these states. Comparison between American and Canadian Law: According to scholars, majority of Canadian laws have been derived from American system of laws and justice. It has noticed that in Canada, "Canada Day" is celebrated on 1st July for the celebration of the British North American Act of 1867, which was considered as the first step towards independence of Canada that eventually resulted in the formation of Canadian constitution (Boyd). Here, we observe a similarity between American and Canadian law system, as the US has written constitution including "Bill of Rights" and Canadian constitution also has a "Charter of Rights". Moreover, it has been noticed that legal rules and law system of both the countries are derived from "English Common Law", which based on the judges` decisions for the state rather than resolution of the senate or parliament. Moreover, laws governing socio-economic life matters such as, contracts and negligence in Canada are also similar to the United State's laws (Vitamanti). Traffic, breakage and emergency laws are almost similar is the US and Canada such as in both the countries the rental agreement always inform the process that should be legally adopted in case of emergency or accident. It is strict law in both the states that when a blind man or woman with a white cane crosses the road vehicles should stop and let a blind person cross the road quietly. On other hand, similarity in drinking and driving laws has also been noticed and these laws are strictly followed in both regions (Knippers). It is illegal for a drunken person to drive car or with the open container of alcohol in the passenger compartment of a vehicle. In Canada and America, there are some suburban residential localities that have low traffic level and four way stops (Knippers). Also, some T-junctions areas have three way stops; all roads towards these junctions have a stop sign rather than traffic lights. This system works with efficiency in both the countries with fewer accidents and it reflects that how the traffic system of UK is different from the one followed in the US and Canada (Knippers). Additionally, during driving insurance proof are required by the police offers, or in case of rented cars rental agreement is sufficient for the insurance purpose. Police officers have right to inquire when they driver has picked up a rental car as per the local laws of the regions. Also, regulations related to left turn intersection are same in both the countries. Mostly two lanes are reserved for left turns on the dual carriageways and the lane that should be used while making left turn is clearly marked with white line signs (Knippers). It is highly restricted not to drift across into the order left turn lane. This law is applicable in almost all states of the US and Canadian provinces, drivers can enter an intersection for left turn when light is green, but as soon as the light turns red they have to stop the vehicle and wait for the green signal for oncoming traffic. If any person breaks the traffic law he or she has to pay high fine as it is in case of dumping litter on the road (Boyd). Despite many similarities in law and justice system of America and Canada, there are considerable differences between the law and justice of these two countries. At first place, it has noticed that immigration laws of Canada and America are entirely different as Canadian immigration based on eligibility, education, health and other attributes possessed by the candidates, while the US immigration system mainly focuses on family reunification (Knippers). Moreover, major difference has been observed in laws related to crime and other illegal activities in the countries. In Canada, criminal cases are resolved under the regulation of federal law according to the criminal codes, while in the US criminal matters are judged under the state law (Boyd). It creates a uniform law of criminality across Canada, while in the United States crime laws vary from state to state. It has also found that in the US, states uphold residual powers, while in Canada federal government keeps check and balance on residual power issues. Moreover, it has found that copyright laws are also different in these two countries as the concept of Crown copyrights exits in Canada, but not in America. Researchers have explored that copyright laws are stronger in Canada as compare to the United States because a large amount of American government's work information is easily shared on Internet. However, situation is entirely different in context of Canadian government that is increasing its information sharing on Internet, but still a vast difference has been noticed between the information shared on websites regarding population and culture of America in comparison with the Canadian information (Boyd). Some other researchers have noticed a big difference between employment laws of two countries, which maintain good relations in terms of trade, but still have different rules for the employees. In the United States, employment is given to the citizens as per their will, but in Canada employment conditions are different. In Canada, employees have to receive termination or reasonable notification as this rule has been clearly mentioned in the applicable employment legislation (Medland and Vicinanza). Sometimes, Canadians have to give lengthier notice or pay in lieu according to common law, but in the United State termination process is easily conducted between employees and the company with respect to the internal policies of the organization (Medland and Vicinanza). Additionally, difference in employment consideration has also been noticed in these two countries, as in Canada continued employment is not considered an important factor in the matter of raise in wages. On the other hand, state laws govern the matters of wages, increment or promotion of the employees in the US companies (Medland and Vicinanza). Also, in the United State written agreement is not provided to the employees regarding their overtime pay or minimum salary, but employment terms are generally modified at the will of the employees. Conclusion: In a nutshell, it could be concluded that undoubtedly America and Canada maintain good relationships in terms of trade and both countries` laws have some similarities in between. Mainly because the regulations of both countries are based on "English Common Law", but still law and justice system of these two countries show some major difference in between. The comparative analysis of the US and Canadian laws shows that Canadian laws are quite different from the US laws and these are even more strict for the citizens as well as for the immigrants as compare to the US justice system. Annotated Bibliography Boyd, Neil. Canadian Law: An Introduction. Toronto: Cengage Learning, 2010. This book explores past and present laws of Canada and tells about the role of law in the country. Additionally, formation of Canadian constitution has been explicitly discussed in the book with all pros and cons of constitutional acts. Judicial decisions, country`s principles and their practical implications across the country have also been significantly discussed in the later chapters of the book. Role of building blocks of the Canadian legal system is the most important and informative part of the book. Vitamanti, Gene. “U.S. law based on English Common Law.” 2007 31-December. NC times.com. 2012 14-May . The title of the article clearly tells about the facts presented in NC times an online new forum. English Common Law is a specified system of making laws for the state. In this article, the author has talked about the origin and development of "English Common Law" and its significant impacts on the American societies. Knippers, Robin E. An Overview of the American Legal System. Academic. Concord: New Hemisphere Bar Foundation, 2004. The report prepared by New Hemisphere Bar Foundation is a complete guide about the laws of the US. In this book, the author has covered many facts related to American constitutions and jurisdiction. This report covers almost all aspect of American laws and regulations as the author has successfully described a great numbers of American societal laws. Medland, Christina and Vicinanza, Joe. “Ten Key Differences Between Canadian and U.S. Employment Laws.” Pension and Employment Bulletin (2007): 1-2. This article reflects the differences between American and Canadian employment laws. It summarizes the difference between employment policies and laws for both employees and employers in these two countries. Works Cited Boyd, Neil. Canadian Law: An Introduction. Toronto: Cengage Learning, 2010. Knippers, Robin E. An Overview of the American Legal System. Academic. Concord: New Hemisphere Bar Foundation, 2004. Medland, Christina and Vicinanza, Joe. “Ten Key Differences Between Canadian and U.S. Employment Laws.” Pension and Employment Bulletin (2007): 1-2. Vitamanti, Gene. “U.S. law based on English Common Law.” 2007 31-December. NC times.com. 2012 14-May . Works Cited Boyd, N. Canadian Law: An Introduction. Toronto: Cengage Learning, 2010. Knippers, R. An Overview of the American Legal System. Academic. Concord: New Hemisphere Bar Foundation, 2004. Troys. “Ten Key Differences Between Canadian and U.S. Employment Laws.” Pension and Employment Bulletin (2007): 1-2. Vitamanti, G. “U.S. law based on English Common Law.” 2007 йил 31-December. NC times.com. 2012 йил 14-May . Read More