this post was submitted on 19 Nov 2024
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That's not really an answer to their question. Canada (with the exception of Quebec), also operates on the English Common Law model, but we've passed specific laws that intentionally codify things like abortion and minority rights. Just recently we added "gender identity and gender expression" as specific categories on which it is illegal to discriminate.
So, unlike the US where the right to gay marriage is the result of a court case, in Canada gay marriage started out that way, but was then codified in law with the passage of the Civil Marriage Act in 2005. And speaking of English Common Law, the same is true in England, where gay marriage was legally enshrined in 2014.
So it's perfectly valid to ask why the US government has consistently failed to do this.
Off topic but how does Canada square away their English system with the one province under the French system? They’re nearly opposite systems.
Criminal law in Quebec is still based on the federal common law, it's just matters of provincial jurisdiction that are under civil law.
Louisiana runs off French civil law. They work around it.
Today I learned!
Same way the US squares away their federal system. Some areas of law are federal, some are provincial. Quebec's use of Napoleonic Law only applies to those areas covered by the Quebec Courts. Federal matters are handled in Federal Courts, so they're not subject to Quebecois legal principles.
Maybe Canada was more proactive than the USA but it's still a result of the type of legal system they use, that wouldn't happen with Civil law.
There's still plenty of things in Canada that are left to precedence, we don't pass laws every time something comes up.