In the Canadian federation, the administration of justice is shared by two levels of government. While such activity comes, in part, under provincial jurisdiction under the terms of section 92(14) of the Constitution Act, 1867, the federal government plays an active role in the administration of justice through:
its power of appointment of judges to the superior courts and appellate courts of federated (i.e., provincial) governments; it also sees to their remuneration. In comparison with the federal systems of other OECD Member States, particularly the United States and Australia, the Canadian federal government's prerogative of appointing the superior and appellate court justices of federated entities has no equivalent;
the administration of federal courts:
the administration of the Supreme Court of Canada and the appoint of justices to this court : traditionally, three of the nine justices hail from Quebec, three from Ontario, two from the West, and one from the Atlantic provinces.
In addition, Canada is home to two legal systems, namely, common law (of British origin) and civil law (of French origin). How these systems are applied depends on the persons involved and the place where the legal transaction originates. In the sphere of public law, which concerns the organization of government and its relations with persons, common law applies in all federal and provincial jurisdictions. Under this system, the rules of law are created by statutes or by judicial decisions where such statutes are absent or silent. In the sphere of private law, which concerns persons and their relations with one another, the sources of law vary depending on whether one is in Quebec or elsewhere in Canada. In Quebec, civil law, modelled after the French system, constitutes the main basis of the Civil Code of Québec. In the other provinces and territories of Canada, common law is the system of reference in matters of private law.