Common law

Common law has two related meanings in Canada. First, it is the body of law developed by judges through decided cases rather than enacted by legislatures, evolving incrementally through precedent and stare decisis. Second, it names the legal tradition inherited from England that governs in all Canadian provinces and territories, with the exception of Quebec's private law, which follows the civil law tradition.

Understanding the common law method is central to Canadian legal research: to state the law on a common law question, you must synthesize it from the cases, identifying the ratio decidendi of the leading authorities and tracking how later courts have applied or distinguished them. Statutes can modify or displace common law rules, so research typically moves between case law and legislation.

Canada is often described as a bijural country because the common law and civil law traditions coexist, and federal law is drafted to operate in both.