There are five broad sources of law and rules that may apply to your case. They are:

• Canadian Constitution
• Legislation – also called Statues or Acts
• Regulations – which provide specific details
• Case law – which interprets legislation and creates a precedent
• Rules of court – which can include practice directives

The Constitution

The Constitution is the supreme law of Canada. All other laws must be consistent with the Constitution. There are two key documents that make up the Constitution:

• The Constitution Act, 1867: This document sets up the Canadian government. It explains the powers of the Courts, the Federal Government, and the Provinces.
• The Constitution Act, 1982: This contains what is perhaps the most famous part of the Constitution, the Charter of Rights and Freedoms. It also contains s. 35, which recognizes and guarantees Aboriginal rights, including Treaty rights.

Legislation

Governments create laws and once passed, these become legislation. These laws are often called “Statutes” or “Acts”. For example, BC’s Family Law Act is provincial legislation in that it only applies to BC cases,and the Divorce Act is federal legislation and can be applied across Canada. 

It is important to understand the law that is relevant to your case. Laws are often complex and in many cases, you will need to understand several different sections of the law. Be sure to review relevant legislation carefully. For separation and divorce, depending on your situation, you may refer to the BC Family Act,the Divorce Act, or both.

It is important to understand the law that is relevant to your case. Laws are often complex and in many cases, you will need to understand several different sections of the law. Be sure to review relevant legislation carefully. For separation and divorce, depending on your situation, you may refer to the BC Family Act or the Divorce Act.

Regulations

Regulations look very similar to legislation. Regulations set out details of how legislation works. For example, the BC Motor Vehicle Act sets out broad requirements for cars in the province. The Motor Vehicle Act Regulations deal with more specific details, like precise guidance on minimum braking standards.