The present legal system in Canada has its roots mainly from the English government and its common and statutory laws. The legal system is derived from a number of European systems that were bought to the country in the late 17th century and the early 18th century by different explorers. Even though the indigenous people in the country had their own set of laws and powers, as time passed by the laws of the immigrants who gathered in large numbers came into existence. The conditions went even worse after the English victory over the French in 1759 at Quebec. After this event, the country full fell under the English law. Thus, both the civil and criminal laws of the country are solely based on the British statutory and general laws. Here is a quick brief of the different laws existing in the country and the sources of these laws.
The Constitution of Canada was formed only after the enforcement of the British North Act or the constitution act by the British central government in the year 1867. Though there is no single separate constitution in Canada, the definitions of a separate constitution were given in the Constitution Act in the year 1982. The Constitution of the country divides the government into three main levels, namely the national or federal level, the provincial level of government and the municipal level. Thus, the power and authority to make different laws is divided between the different levels of the government. A federal government or the parliament has the rights to makes laws in fields that are applicable to the entire country while the provincial and municipal governments have the right to make new laws in areas that affect the place or jurisdiction under their control. There may be cases when the jurisdiction of a particular government may overlap.
The Canadian charter of Rights and Freedoms deals with the laws governing the individual's rights and freedoms. In Canada, the laws corresponding to the person's rights and freedoms are subject of all the three levels of the government. The first law enacted by the federal government to set out the basic human rights to the people of Canada was in the year 1960. It was commonly known as the Canadian Bill of Rights. Another important act in this respect is the Canadian Human Rights Act or the CHRA, which came into existence in the year 1977. This act was enacted to protect human rights mainly in the area of employment. This charter form the basis of the Canadian Constitution and it applies to all the three levels of government.
While speaking of language rights, the charter of Rights and Freedoms in Canada respects two main languages namely English and French as its official languages. Both these languages have equal rights and powers without any partiality for other. Everyone in the country has the right to use either of these languages to speak or write in any public forums. The statutes and the common laws are the two main sources of these laws in Canada. While statutes are codified laws, common laws are imported from British laws.
Introduction To The Legal System
In the credit system you are assumed to be guilty as soon as a creditor reports to the credit bureaus that you have been late on a payment or committed some other credit "crime". Once this has been reported, you immediately begin your punishment in the form of a decreased credit score. There is no investigation performed and there is no proof required. You are considered guilty the moment you are accused.
At this point the argument could be made that when disputing an item on your credit reports, you are forcing the credit bureau and the creditor to prove your guilt but even this isn't completely accurate. When performing an investigation, the credit bureaus are basically asking the creditor if the negative listing should remain on your credit reports or if it was reported incorrectly. Note that the creditor is not asked to "prove" that the listing is accurate and all they have to do to appease the credit bureaus is to state that there was no error. If this happens, the negative item remains and you are still being punished even though your transgression is still merely an unproven accusation by your creditor.
When an item is being reported inaccurately and confirmed by the reporting creditor (ie. the creditor's records are incorrect and this incorrect data is being used to confirm the negative listing), it is up to you to prove your innocence. Doing so may require a number of tactics available to you through various consumer protection statutes and will likely take a significant amount of time for you to understand and apply successfully.
At the end of the day, proving your own innocence could be a difficult and time intensive task that you are forced into performing simply because you were falsely accused. This is why so many people have elected to receive help from a reputable credit repair company like Lexington Law.
The second difference has to do with the classification of transgressions and the punishments handed out. For example, in the credit system, if you have your vehicle repossessed by a creditor, a repossession is recorded on your credit reports and you are punished in the same fashion as everyone else who has been accused of a repossession.
In the legal system however, we recognize that there are mitigating circumstances. For example, if your actions result in the death of another human being, you may be charged with murder, manslaughter, or homicide with numerous degrees of each. Because these distinctions are made, punishments can be assigned based on the nature of your actions.
If the legal system worked in the same way as the credit system, whether you caused someones death by stalking and killing them, in a moment of rage, in an automobile accident, in self defense, or in the line of duty, you would be punished exactly the same as everyone else who was accused of causing someones death.
It is in this inherent unfairness, the associated punishments, and relatively poor rights of the accused that causes so many people to have problems with the credit system. It is a system that has been largely molded by the credit bureaus and creditors. As opposed to the legal system that serves to protect the rights of the individual, the credit system serves to protect the profits of lenders.
Learning how to protect yourself as the underdog in the credit system is not easy task and because of this, the number of people receiving legal assistance from credit repair firms has continued to increase over the years. For many people, getting help from a credit repair specialist has been the only way they have been able to get a fair shake from the credit system.
Both Ruchand & Stuart Hunter are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Stuart Hunter has sinced written about articles on various topics from 3 Credit Bureau, Bad Credit Loans and Cars. Because of the difficulty many people have getting fair treatment from , hundreds of thousands o. Stuart Hunter's top article generates over 22200 views. to your Favourites.
Baseball Batting Training Aids Dont forget to practice because the golf swing aids can only do so much when what truly matters is how well you do without them during a game