Is Canada Bijural?
From what you will see below on this page, the answer to that question is obviously yes. So the question then becomes what is the significance of this?
Bijuralism and Harmonization
As a legacy of the colonisation of North America by France and Great Britain, two legal traditions co-exist in Canada – civil law in Quebec and common law in all other provinces and territories. The Department of Justice is committed to respecting both legal systems, in both official languages, to ensure federal legislation is adequately applied everywhere in Canada.
From <http://www.justice.gc.ca/eng/csj-sjc/harmonization/> 2015-11-05
Canada is a bijural country – that means it has both common and civil law systems. Matters of private law in Quebec are governed by the civil law, while the common law applies in the other provinces. Federal bills and regulations must respect both types of systems, and the legal concepts within these laws must be expressed in both English and French.
From <http://www.justice.gc.ca/eng/csj-sjc/just/05.html> 2015-11-05
John Diefenbaker - Prime Minister of Canada indicated it is and either/or but not both when he said - “I am a Canadian, a free Canadian, free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, or free to choose those who shall govern my country. This heritage of freedom I pledge to uphold for myself and all mankind.”
The charter says the same when you define what is actually being said so that it is constitutionally correct.
Guarantee of Rights and Freedoms
Rights and freedoms in Canada
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.
From <http://laws-lois.justice.gc.ca/eng/Const/FullText.html> 2015-11-05
1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a common law society not subject to civil law society government regulation as well as democratic civil law society in which the people choose leaders by voting.
Definition of "free and democratic society"
free - 4 b : not subject to government regulation From <http://www.merriam-webster.com/dictionary/free>
and - conjunction 1. along or together with; as well as; in addition to; besides; From <http://dictionary.reference.com/browse/and>
democratic - based on a form of government in which the people choose leaders by voting : of or relating to democracy From <http://www.merriam-webster.com/dictionary/democratic>
society - Canada is a bijural country, having common and civil law systems
What Is Bijuralism?
British Columbia joined a common law society that has both Property Rights as well as Civil Rights - 8.1 Both the common law and the civil law are equally authoritative and recognized sources of the law of property and civil rights in Canada and, unless otherwise provided by law, if in interpreting an enactment it is necessary to refer to a province’s rules, principles or concepts forming part of the law of property and civil rights, reference must be made to the rules, principles and concepts in force in the province at the time the enactment is being applied. http://laws-lois.justice.gc.ca/eng/acts/i-21/page-2.html#docCont
In reality, what we have is quite different with all provincial governments operating out of section 92 of the Constitution Act 1867 as a de facto corporation.
What we started out with was described and defined geographically. For example:
- The Dominion of Canada
- British Columbia
The de jure government for this geographical area is found in the British North America Act 1867.
What we are all dealing with now is a fictional de facto government that in reality are corporations created in either section 91 or section 92 of the Constitution Act. For example:
Or any of the many variations that they use.