Private law in Canada

In addition to criminal law, Canadians also abide by the provisions of private (or civil) law. Private law in Canada reflects the changing attitudes and concerns of Canadians towards such issues as family, property, business and privacy.

The disclosure of personal information is a particular concern among Canadians, especially in today's increasingly electronic society. Two federal privacy laws protect Canadians. The federal Privacy Act took effect on July 1, 1983 and covers personal information held by the federal public sector.

As of January 1, 2001, individual are also protected by The Personal Information Protection and Electronic Documents Act, governing personal information collected electronically by the private sector. The law will gradually apply to private-sector commercial organizations that collect, use or disclose personal information where there is no substantially similar provincial legislation. The mandate of the office of the federal Privacy Commissioner will be extended to include the oversight of the Act in the private sector and the promotion of the Act and its role in the protection of personal information.

Most property and civil laws covering legal relationships between individuals in Canada are provincially legislated. From the Barbers Act of British Columbia to the Weed Control Act of New Brunswick, civil law in Canada colourfully reflects our diverse cultures and values. There are many regional and local differences in the types of civil suits, in the types of plaintiffs and defendants, and in the length of time required to settle private disputes. Indeed, civil cases can be quite complex and few ever go to trial.