Chapter 1: You and the Law

When you are 7 you will have to begin attending school

When you are 12 you may babysit children for money - you can be left alone - you can be charged criminally as a young person

When you are 14 you can be charged criminally as a young person and, in some cases, you can be sentenced as an adult offender

When you are 16 you mcan quit school - you can enter the work force without a permit - you can get married with the consent of your parents - you can make a health care directive - you can get a driver's licence, with your parents' permission - you can register a motor vehicle, with your parents' permission

When you are 18 you can get married - you can try to find your birth parents, if you are adopted - you can be charged criminally, as an adult - you can get a driver's licence without your parents' permission - you can register a motor vehicle without your parents' permission - you can purchase and legally smoke tobacco products - you can purchase and legally drink alcohol - you can legally get into bars - you can vote

The Laws

What are laws?

Laws are the rules made by the government that all members of society must follow. Laws help us maintain a sense of order and give us a way to solve problems peacefully. Some of these laws are made by the federal Parliament or by the provincial legislatures. These laws are called statutes. One example of a statute is the Criminal Code, which sets out what are crimes in Canada.

Laws also come from our common law system. The common law is made up of all of the cases which have gone to court in the past. The decisions made by the judges in those cases have become legal principles still used by the courts today. One example of a legal principle made by the common law is the idea of contracts.

There are several areas of law such as criminal law, civil law and family law.

Who makes the laws?

The governments of Manitoba and Canada make these laws to keep order and peace in society. Without laws there would be no rules to live by. Bad people and bullies could do whatever they wanted, with no threat of consequences.

It is the voters who decide who makes the laws. The governments that make and change the laws are elected by voters. Therefore, people vote for the person whom they think will make the best laws.

To find out more about current government members and policies, phone the Citizens' Inquiry Service or Government of Canada Information.

Who can vote?

Canadian citizens who are 18 or older can vote. For Manitoba elections, voters must have lived in Manitoba for 6 months before the election.

The Courts

What do the courts do?

The courts hear all types of cases. The most common cases are criminal, civil and family cases.

The courts determine guilt or innocence in a criminal matter and decide on the appropriate punishment. The courts also resolve conflict in both civil and family matters.

If you have any questions about our court system phone the Winnipeg Courts Office.

What happens in a criminal case?

If you are charged criminally with breaking the law, your case will be heard by a youth court.

The government of Manitoba - the Crown - prosecutes you and is represented by a lawyer. You may be represented by a lawyer of your choice or you may represent yourself.

The judge or jury will hear both sides of the case and decide whether you are guilty or not guilty. If you are guilty, the judge will decide on the appropriate penalty for the crime.

What happens in a civil case?

A civil case is when a person sues you, or when you sue them for damage caused to property, or to enforce a specific right.

Both sides may be represented by lawyers or may represent themselves. The judge hears both sides of the case and decides whether the person who is being sued for causing the damage is responsible to the other to pay for that damage. The judge may also order the person being sued to pay extra money for any pain or suffering his or her actions have caused, or to do specific things. However, you cannot sue for non-physical suffering by itself.

When a person is suing for less than $7500, the case will be heard by a small claims court. This court is aimed at settling disputes between individuals without them having to hire a lawyer. The rules are far less formal and most people represent themselves. It only costs $25 to have a matter heard in small claims court, but if you lose you have to pay the amount the suit was for, and the court may order you to pay up to $100 to cover the other side's costs.

What happens in a family case if my parents want a divorce?

When married people are no longer able to live together, they are able to apply to a family court for a divorce. The court may also decide which parent is better suited to raise the children, and may make an order for custody to one or both parents. Family courts also deal with money issues and decide whether one spouse has to pay the other spouse money to help support the children, or the other spouse.

What happens if I lose my case?

If you lose at the first court level, you may be allowed to appeal to a higher court. This higher court is called the Manitoba Court of Appeal. Instead of 1 judge, 3 judges hear the case at the Court of Appeal. They can agree with the original decision, change it or order a new trial.

If you lose at the Court of Appeal level you may, in rare situations, be able to appeal to the Supreme Court of Canada. The Supreme Court of Canada is the final court of appeal for Canada and has 9 judges. Not all cases can be appealed to the Supreme Court; Supreme Court judges will only hear cases that they feel are of national importance.

Who represents me in court?

You may represent yourself, you may hire a lawyer, or you may apply for legal aid to argue your side of the case.

Are there any disputes that are not resolved in court?

Some cases are dealt with in less formal ways than by the courts. There are some government agencies that are set up to deal with specific types of disputes. They are called boards or tribunals. One example of this kind of agency is the Residential Tenancies Branch, which hears cases about disputes between landlords and tenants.

Appearing before a board is less formal than a court hearing. Many people choose to represent themselves in front of a board.

Lawyers

Why do I need a lawyer?

If you are arrested or held by police, you need to know your rights. Lawyers know what your rights are. A lawyer is also more familiar with the laws of Canada and can better argue your side of the case in court.

How do I find a lawyer?

There are many ways to find a lawyer. You can find one by asking other people who have used lawyers or by looking in the Yellow Pages. Many lawyers list the areas of law they practice in their advertisement.

Another way to find a lawyer is to call the Law Phone-In and Lawyer Referral Program. This non-profit community service provides legal information to Manitobans free of charge and is sponsored by the Community Legal Education Association. It can also refer people to a lawyer in the area of law needed for one-half hour of free advice.

You may also phone Legal Aid Manitoba to find a lawyer. Legal Aid also offers a drop-in service where lawyers offer free 30-minute meetings to give you general advice.

What happens at the first meeting with the lawyer?

At the first meeting, you can expect that your lawyer will:

- ask you to explain your problem;

- make some notes;

- ask you questions to better understand your case;

- tell you a few ways that you could handle your case;

- tell you what is in your best interest; and

- ask what you would like to do.

How the lawyer handles the case is up to you. Your lawyer cannot do anything that you don't agree to. For example your lawyer cannot plead you guilty if you want to plead not guilty.

At the first meeting you may also ask the lawyer any questions that you have. You may want to find out how much this lawyer charges, how long the case will take or how best to deal with your case.

What should I tell my lawyer?

You should tell your lawyer anything that can help or hurt your case. If you have a criminal record, you should let your lawyer know so that he or she can better prepare your case.

Your lawyer is bound by solicitor/client privilege. This means that your lawyer cannot tell anyone else what you tell him or her. Police cannot order your lawyer to tell them anything you have said either.

Is there anything I say that my lawyer can repeat to police?

The only time that your lawyer can violate your confidence is if you tell him that you are going to commit a violent crime in the future. Your lawyer cannot repeat anything about a violent crime that you have committed in the past.

What if I am arrested in the middle of the night?

The easiest way to find a lawyer is through the Yellow Pages under "Lawyers". If you are arrested you likely need a criminal lawyer so find one that lists criminal law in their advertisement. Most lawyers have an on-call lawyer who can speak to you in the middle of the night. You do not have to keep the lawyer you find this way. You can find another if you wish. You also have the right to contact your parents if you are under 18.

You can also ask the police to give you the number and let you talk to Legal Aid's on-call lawyer. You do not have to qualify or apply to Legal Aid in order to talk to this on-call lawyer.

Refer to Chapter 11: You and Crime for more information

What if I don't like my lawyer?

You may fire your lawyer at any time throughout the process, but you will have to pay your lawyer for the work he or she has already done.

Legal Aid

What if I can't afford a lawyer?

If you can't afford to pay a lawyer you may be able to get legal aid. To get legal aid services, you have to fill out an application form and the legal aid office will decide whether you qualify, based on your income.

Not all lawyers accept cases through Legal Aid Manitoba. Make sure that the lawyer you choose does legal aid. Or, you may have a lawyer appointed to you from the legal aid office.

The Legal Aid Drop-In Centre provides free legal advice Tuesday, Wednesday and Thursday from 1:30 p.m. to 6:00 p.m. at 300-294 Portage Avenue, Winnipeg.

For more information about whether you are able to get legal aid phone the Legal Aid Manitoba advice and referral line.

How much does legal aid cost?

If you are granted legal aid, you should not pay your lawyer for any work done on your case.

You may however, have to pay an application fee depending on your ability to pay.