Skip to main content

+1 866 653-6233 LinkedIn Software Expert Witness Directory

About Us Contact Us

Barr Group Software Experts

Barr Group Software Experts

Main navigation

  • Expert Services
    • Consulting Experts in Software and Electronics
    • Expert Reports by Testifying Software Experts
    • Reverse Engineering and Forensic Analysis
    • Software Source Code Review and Analysis
  • Areas of Expertise
    • Left Side
      • Artificial Intelligence
      • Automotive Systems
      • Cloud Computing
      • Computer Security
      • Consumer Electronics
      • Electronic Circuits
      • Enterprise Software
      • Financial Technology
      • Firmware and IoT
    • Right Side
      • Industrial Controls
      • Mechanical Design
      • Medical Devices
      • Military & Aerospace
      • Mobile Devices & Apps
      • Optical Equipment
      • Renewable Energy
      • Signal Processing
      • Telecommunications
  • Matters & Venues
    • Patent Infringement and Invalidity Experts
    • Software Copyright and Trade Secrets Experts
    • Product Liability and Failure Analysis Experts
    • Contract Disputes and Software Project Failures
    • Venues and Clients
  • Directory
  • Case Studies
    • DirecTV Anti-Piracy
    • Samsung Software Copyright
    • Toyota Runaway Cars
  • Resources
    • Expert Witness Blog
    • Source Code Review in Litigation
    • Software Source Code Discovery

Differences Between U.S. and Canadian Courts

  1. Home
  2. Expert Witness
  3. Differences Between U.S. and Canadian Courts
Posted January 20, 2020

Laws and legal systems vary by country, sometimes substantially.  Being geographical and cultural neighbors that also share a basis in British common law, it might seem that courts in the United States and Canada would be among the most similar in the world.  In fact, however, there are many significant distinctions.  In this article we summarize some noteworthy differences.

United States vs Canada: Legal System Differences

Capital punishment

The death penalty remains a possible criminal punishment in U.S. federal courts, as well as in a majority of the fifty states.   By contrast, capital punishment was abolished by a 1976 statute in Canada, where no executions have occurred since 1962.  Moreover, the Supreme Court of Canada ruled in 2001 that suspects cannot be extradited to countries, including the U.S., without assurance that the death penalty will not be sought against them.

Jury rights

The United States Constitution provides for right to a jury trial even in civil cases.  In Canada, there is no such right and therefore no jury trials in civil disputes.  This substantially alters the nature and outcome of product liability and patent infringement and invalidity litigation between the two countries.  In the criminal context, juries in Canada are prohibited from discussing their deliberations after the trial is over unlike their American counterparts who sometimes speak to the media.

Criminal code

In the U.S. there are competing sets of federal and state criminal laws so that the set of crimes a person may commit vary by jurisdiction.  American criminal defense lawyers are, therefore, by necessity specialists in the criminal laws of the state(s) in which they practice.  Au contraire, Canada's Constitution Act gives sole control of their criminal statutes to the national Parliament.  That country's "Criminal Code" is thus entirely defined in a single 1985 publication, as amended.

Self-incrimination

In the United States, no person "shall be compelled in any criminal case to be a witness against himself" (see Fifth Amendment to the U.S. Constitution).  Conceived as a protection against torture and other forms of duress, a witness in a court may use this right refuse to answer one or more questions if the answers might incriminate him in that or a later proceeding.  Section 13 of the Canadian Charter of Rights and Freedoms also provides protection against self-incrimination however this right only limits how to government may use such evidence; witnesses must still answer all questions asked of them under a threat of perjury.

International law

Generally speaking, the American system of rights and laws is closed to its own legal structure and unique common law history.  In Canada, however, the courts are much more open to studying international law and the national laws of other common law countries to answer unresolved legal questions.  Foreign law is not considered binding, of course, but judges in Canada may consider it in making their determinations.

Gavel to gavel

Thanks to Hollywood, a small wooden mallet called a gavel is one of the most emblematic symbols of justice.  However, in modern times the gavel is nearly exclusively associated with American justice. Canadian judges don't even have them in their courtrooms.

Pardon my French

Though many courts in the United States do employ or hire translators to assist individual witnesses who speak other languages, there is no right to a trial in any language other than English.  The situation in Canadian court is similar to American court if you prefer Spanish or Vietnamese, however the whole Canadian court system operates in two official languages: English and French.  Cases and pleadings can be filed in either of those languages and testimony can be taken in either.  As well, those present have the right to understand the entirety of the proceedings in their preferred language, typically at the expense of the court.

Barr Group's team of electronics and software expert witnesses provide experienced and unbiased source code reviews, expert reports and testimony for product liability, patent infringement, software copyright, and trade secrets litigation involving computer-based technology and software.  HIRE AN EXPERT

  • Back to Main
  • Share
  • Facebook
  • Twitter
  • LinkedIn

Request an Expert

(866) 653-6233

Blog Categories

assembly
C
coding standards
communications
debugging
electronics
Java
real-time
RTOS
safety
security
tools
user interfaces
Barr Group logo
Call us

Expert Services

  • Source Code Review Services
  • Expert Witness Directory
  • Reverse Engineering Services
  • Expert Reports & Testimony
  • How-To Technical Articles
  • Engineering Services

Latest Insights

  • Payment Processing and e-Payments Fraud
  • Albert Einstein Expert Witness
  • Medical Device Litigation and FDA 510(k)
  • Personality Traits of the Best Expert Witnesses

Website contents copyright © 2012-2025 by Barr Group. | Barr Group's logo is a U.S.-registered ® trademark.

SITEMAP  |  PRIVACY