1. Overview of Canadian Law
Substantive law is the category of law which pertains to the rights and obligations of individuals while procedural law focuses on the rules of procedure: the rules of the court and other administrative forums or tribunals. Substantive rules prescribe how to act, according to rights and obligations under the law.
Substantive law is a body of legal rules that define and govern individual rights and obligations, and are enforceable by the courts. It includes laws that establish the rights and obligations of citizens, such as property law, contract law, and family law. Substantive law also includes criminal law, which defines and prescribes punishments for criminal offenses.
Procedural law is the set of rules that govern the process of enforcing the rights and obligations established by substantive law. It is the body of law that outlines the procedures for filing a lawsuit, such as filing a complaint and serving notice on the defendant. It also governs the rules for discovery, hearings, and appeals.
Procedural laws delineate the rules of process that must be followed and applied where a substantive law issue arises. Courts follow procedural rules when determining substantive law matters. Procedural law is important to ensure that the rights and obligations established by substantive law are enforced fairly and efficiently.