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28
Sep
2025

The Most Basic Differences Between American and Canadian Legal Systems

September 28th, 2025
The Most Basic Differences Between American and Canadian Legal Systems

Canadian and American law both share roots in the British Legal System. That said, there are significant differences between them. In today’s blog article, we will point out some of the basic differences.

In Canada, criminal law is governed federally by the Criminal Code. In the US, criminal code mostly relies on state law, which varies significantly from state to state. This means that laws and punishments can vary significantly from state to state for the same crime.

Canada abolished the death penalty in 1976. The death penalty still exists in most US states. Normally, Canada will not extradite criminals to the US if they are facing a death penalty conviction.

Canadian judges have wider latitude over sentencing. In most US states, sentencing guidelines exist for crimes, and judges follow them barring very unusual circumstances.

Being offered bail is considered a fundamental right in Canada, and most accused parties are let out on bail. In the US, bail is not considered a fundamental right, and frequently criminals are either held without bail or receive astronomically high bails that the accused cannot afford, and, therefore, cannot be released.

Canadian judges are appointed by members of the government, while many US judges are elected officials. This means that US judges are under more political pressure than Canadian judges, for better or for worse.

In the US, states have considerably more power and autonomy than the provinces and territories do in Canada. This is reflected in the legal system.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.