The Court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. A court is a forum used by a power base to adjudicate disputes and dispense civil, labour administrative and criminal Justice under its Some of the courts are federal in nature while others are provincial or territorial. The Canadian Government, formally Her Majesty's Government in Canada, is the Federal government of Canada.
The Canadian constitution gives the federal government the exclusive right to legislate criminal law while the provinces have exclusive control over civil law. The provinces have jurisdiction over the administration of justice in their territory. Almost all cases, whether criminal or civil, start in provincial courts and may be eventually appealed to higher level courts. The quite small system of federal courts only hear cases concerned with matters which are under exclusive federal control, such as immigration. The federal government appoints and pays for both the judges of the federal courts and the judges of the superior-level court of each province. The provincial governments are responsible for appointing judges of the lower provincial ("inferior-level") courts.
This intricate interweaving of federal and provincial powers is typical of the Canadian constitution.
Very generally speaking, Canada's court system is a four-level hierarchy as shown below from highest to lowest in terms of legal authority. Country to "Dominion of Canada" or "Canadian Federation" or anything else please read the Talk Page Each court is bound by the rulings of the courts above them; however, they are not bound by their own past rulings or the rulings of other courts at the same level in the hierarchy.
Although created by an Act of the Parliament of Canada in 1875, its decisions could be reviewed by the Judicial Committee of the Privy Council until 1949 when the Supreme Court of Canada truly became the final and highest court in the country. The Parliament of Canada (Parlement du Canada is Canada 's legislative branch, seated at Parliament Hill in Ottawa, Ontario. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833 The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian The court currently consists of nine justices, which include the Chief Justice of Canada, and its duties include hearing appeals of decisions from the appellate courts (to be discussed next) and, on occasion, delivering references (i. The Supreme Court of Canada consists of the Chief Justice of Canada ( Juge en chef du Canada) and eight Puisne Justices all appointed by Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal In Canadian law, a Reference Question is a submission by the federal or a provincial government to the courts asking for an opinion on a major e. , the court's opinion) on constitutional questions raised by the federal government. By law, three of the nine justices are appointed from Quebec; because of Quebec's use of civil law. Civil law or Romano-Germanic law or Continental law is the predominant system of law in the world.
These courts of appeal (as listed below by province and territory in alphabetical order) exist at the provincial and territorial levels and were separately constituted in the early decades of the 20th century, replacing the former Full Courts of the old Supreme Courts of the provinces, many of which were then re-named Courts of Queens Bench. Their function is to review decisions rendered by the superior-level courts and to do references (i. e. , deliver a judicial opinion) when requested by a provincial or territorial government. These appellate courts do not normally conduct trials and hear witnesses.
These courts are Canada's equivalent of the Court of Appeal in England and the various State Supreme Courts and U.S. Courts of Appeals in the United States. The Alberta Court of Appeal is the highest Court in Alberta, Canada BCCA redirects here It can also refer to the British Cyclo-Cross Association or the BC Cancer Agency. The Manitoba Court of Appeal is the highest Court of Appeal in the Canadian province of Manitoba. The Court of Appeal of New Brunswick is the court of appeal in the Province of New Brunswick. In the Canadian province Newfoundland and Labrador, the Court of Appeal is at the top of the hierarchy of courts for the province (other than the Supreme Court of Canada The Court of Appeal for the Northwest Territories is the highest Appellate court which hears Appeals from criminal cases and civil cases The Nova Scotia Court of Appeal is the court of appeal in the Province of Nova Scotia, Canada. The Nunavut Court of Justice is the Superior court and territorial court of the Canadian territory of Nunavut. The Court of Appeal for Ontario (frequently referred to as Ontario Court of Appeal or OCA) is headquartered in Downtown Toronto, in historic The Supreme Court of Prince Edward Island is the top court in the Canadian province of Prince Edward Island and the highest Court of Appeals in the province The Court of Appeal of Quebec (in French la Cour d'appel du Québec) is the highest judicial Court in Quebec, Canada. The Court of Appeal for Saskatchewan is the highest Appeal court in the province of Saskatchewan, Canada. The Court of Appeal of the Yukon Territory is the highest Appellate court for the Yukon Territory. The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Appellate Committee of the House of Lords above England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland This article discusses the state supreme courts in the United States The United States courts of appeals (or circuit courts) are the intermediate appellate courts The United States of America —commonly referred to as the Each of the above-listed appellate courts is the highest court from its respective province or territory. A province's chief justice (i. e. , highest ranking judge) sits in the appellate court of that province.
These courts (as listed below by province and territory in alphabetical order) exist at the provincial and territorial levels. The superior courts are the courts of first instance for divorce petitions, civil lawsuits involving claims greater than small claims, and criminal prosecutions for "indictable offences" (i. A trial court or court of first instance is the Court in which most civil or criminal cases begin In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, e. , "felonies" in American legal terminology). In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. They also perform a reviewing function for judgements from the local "inferior" courts and administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities.
Furthermore, some of these superior courts (like the one in Ontario) have specialized branches that deal only with certain matters such as family law or small claims. The Court of Queen's Bench of Alberta is the Superior court of the Canadian province of Alberta. The Supreme Court of British Columbia (SCBC is the superior trial court for the Canadian province of British Columbia The Court of Queen's Bench of Manitoba is the Superior court of the Canadian province of Manitoba. The Court of Queen's Bench of New Brunswick is the Superior court of the Canadian province of New Brunswick The Supreme Court of Newfoundland and Labrador is the Superior court for the Canadian province of Newfoundland and Labrador. The Supreme Court of the Northwest Territories is the Superior court of the Canadian territory of the Northwest Territories in cases of civil The Nova Scotia Supreme Court is a Superior court in the province of Nova Scotia. The Nunavut Court of Justice is the Superior court and territorial court of the Canadian territory of Nunavut. The Superior Court of Justice for Ontario, Canada is the successor to the former Ontario Court of Justice (General Division, and was created on April The Supreme Court of Prince Edward Island is the top court in the Canadian province of Prince Edward Island and the highest Court of Appeals in the province Quebec Superior Court is the highest trial Court in the Province of Quebec, Canada. The Court of Queen's Bench of Saskatchewan is the Superior court for the Canadian province of Saskatchewan. The Supreme Court of the Yukon Territory (SCYT is the court of general Jurisdiction for the Canadian territory of Yukon. To complicate things further, the Ontario Superior Court of Justice has a branch called the Divisional Court that hears only appeals and judicial reviews of administrative tribunals and whose decisions have greater binding authority than those from the "regular" branch of the Ontario Superior Court of Justice. Although a court, like the Supreme Court of British Columbia, may have the word "supreme" in its name, it is not necessarily the highest court from its respective province or territory.
Each province and territory in Canada has an "inferior" or "lower" trial court, usually called a "provincial court" to hear certain types of cases. The Provincial and Territorial Courts in Canada are local trial "inferior" or "lower" Courts of limited jurisdiction established Appeals from these courts are heard either by the superior court of the province or territory or by the Court of Appeal. In criminal cases, this depends on the seriousness of the offence. These courts are created by provincial statute and only have the jurisdiction granted by statute. Accordingly, inferior courts do not have "inherent jurisdiction". Inherent Jurisdiction is a doctrine of the English Common law that a Superior court has the Jurisdiction to hear any matter that comes before These courts are usually the successors of older local courts presided over by lay magistrates and justices of the peace who did not necessarily have formal legal training. A Justice of the Peace ( JP) is a Puisne Judicial officer appointed by means of a commission to keep the peace However, today all judges are legally trained, although justices of the peace may not be. Many inferior courts have specialized functions, such as hearing only criminal law matters, youth matters, family law matters, small claims matters, "quasi-criminal" offences (i. e. , violations of provincial statutes), or bylaw infractions. In some jurisdictions, these courts serve as an appeal division from the decisions of administrative tribunals.
The Federal Court and the more specialized Tax Court of Canada exists primarily to review administrative decisions by federal government bodies such as the immigration board and hear lawsuits under the federal government's jurisdiction such as intellectual property and maritime law. The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law The Tax Court of Canada (TCC established in 1983 by the Tax Court of Canada Act, is a Federal court which deals with matters involving Companies The Federal Court of Appeal is a Canadian appellate court that hears cases concerning federal matters arising from certain federal Acts Immigration refers to the movement of people among countries While the movement of people has existed throughout human history at various levels modern immigration implies long-term Intellectual property ( IP) is a legal field that refers to creations of the mind such as musical literary and artistic works inventions and symbols names Admiralty law (also referred to as maritime law) is a distinct body of Law which governs maritime questions and offenses
The Federal Court of Appeal hears appeals from decisions rendered by the Federal Court, the Tax Court of Canada and a certain group of federal administrative tribunals like the National Energy Board and the federal labour board. All judges of the Federal Court are ex officio judges of the Federal Court of Appeal, and vice versa, although it is rare that a judge of one court will sit as a member of the other.
Before 2003, the Federal Court was known as the Federal Court of Canada - Trial Division while the Federal Court of Appeal was known as the Federal Court of Canada - Appeal Division. In turn, the Federal Court of Canada descended from the old Exchequer Court of Canada, which was created in 1875.
Although the federal courts can be said to have the same prestige as the superior courts from the provinces and territories, they lack the "inherent jurisdiction" (to be explained later) possessed by superior courts such as the Ontario Superior Court of Justice.
The "courts martial" are conducted and presided over by military personnel and exist for the prosecution of military personnel, as well as civilian personnel who accompany military personnel, accused of violating the Code of Service Discipline, which is found in the National Defence Act (R. S. C. 1985, Chapter N-5) and constitutes a complete code of military law applicable to persons under military jurisdiction.
The decisions of the courts martial can be appealed to the Court Martial Appeal Court of Canada which, in contrast, exists outside the military and is made up of civilian judges. This appellate court is the successor of the Court Martial Appeal Board which was created in 1950, presided over by civilian judges and lawyers, and was the first ever civilian-based adjudicating body with authority to review decisions by a military court. The Court Martial Appeal Court is made up of civilian judges from the Federal Court, Federal Court of Appeal, and the superiour courts of the provinces. The current Chief Justice of the Court Martial Appeal Court (as of September 17, 2004) is Edmond P. Blanchard.
Known in Canada as simply "tribunals", these are non-judicial adjudicative bodies, which means that they adjudicate (hear evidence and render decisions) like courts, but are not presided over by judges. Instead, the adjudicators may be experts of the very specific legal field handled by the tribunal (e. g. , labour law, human rights law (known in the US as "civil rights law"), immigration law, energy law, liquor licensing law, etc. Immigration law refers to national Government policies which control the phenomenon of Immigration to their country ) who hear arguments and evidence provided by lawyers before making a written decision on record. Its decisions can be reviewed by a court through an appeal or a process called "judicial review". The reviewing court may be required to show some deference to the tribunal if the tribunal possesses some highly specialized expertise or knowledge that the court does not have. The degree of deference will also depend on such factors as the specific wording of the legislation creating the tribunal.
Tribunals may take into consideration the Canadian Charter of Rights and Freedoms, which is part of Canada's constitution. The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the The extent to which tribunals may use the Charter in their decisions is a source of ongoing legal debate.
Appearing before some administrative tribunals may feel like appearing in court, but the tribunal's procedure is relatively less formal than that of a court, and more importantly, the rules of evidence are not as strictly observed. In other words, some evidence that would be inadmissible in a court hearing could be allowed in a tribunal hearing. The presiding adjudicator is normally called "Mister/Madam Chair". As is the case in court, lawyers routinely appear in tribunals advocating matters for their clients. A person does not require a lawyer to appear before an administrative tribunal. Indeed, many of these tribunals are specifically designed to be more representative to unrepresented litigants than courts. Furthermore, some of these tribunals are part of a comprehensive dispute-resolution system, which may emphasize mediation rather than litigation. For example, provincial human rights commissions routinely use mediation to resolve many human rights complaints without the need for a hearing.
What tribunals all have in common is that they are created by statute, their adjudicators are appointed by government, and they focus on very particular and specialized areas of law. Because some subject matters (e. g. , immigration) fall within federal jurisdiction while others (e. g. , liquor licensing) in provincial jurisdiction, some tribunals are created by federal law while others are created by provincial law. There are both federal and provincial tribunals for some subject matters such as unionized labour and "human rights".
Most importantly, from a lawyer's perspective, is the fact that the principle of stare decisis does not apply to tribunals. Stare decisis is a common law doctrine under which judges are obligated to follow the precedents established in prior decisions In other words, a tribunal adjudicative could legally make a decision that differs from a past decision, on the same subject and issues, delivered by the highest court in the land. Because a tribunal is not bound by legal precedent, established by itself or by a reviewing court, a tribunal is not a court even though it performs an important adjudicative function and contributes to the development of law like a court would do. Although stare decisis does not apply to tribunals, their adjudicators will nonetheless find a prior court decision on a similar subject to be highly persuasive and will likely follow the courts in order to ensure consistency in the law and to prevent the embarrassment of having their decisions overturned by the courts.
Among the federal tribunals, there is a small group of tribunals whose decisions must be appealed directly to the Federal Court of Appeal rather than to the Federal Court Trial Division. These so-called "super tribunals" are listed in Subsection 28(1) of the Federal Court Act (R. S. C. 1985, Chapter F-7) and some examples include the National Energy Board, Canadian International Trade Tribunal, the Competition Tribunal, the Canada Industrial Relations Board (i. e. federal labour board), the Copyright Board, and the Canadian Radio-television and Telecommunications Commission ("CRTC").
The superior courts from the provinces and territories are courts of inherent jurisdiction, which means that the jurisdiction of the superior courts is more than just what is conferred by statute. Inherent Jurisdiction is a doctrine of the English Common law that a Superior court has the Jurisdiction to hear any matter that comes before In Law, jurisdiction (from the Latin ius iuris meaning "law" and dicere meaning "to speak" is the practical Authority Following the principles of English common law, because the superior courts derive their authority from the Constitution, they can hear any matter unless there is a federal or provincial statute that says otherwise or that gives exclusive jurisdiction to some other court or tribunal. In Civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts The doctrine of "inherent jurisdiction" gives superior courts greater freedom than statutory courts to be flexible and creative in the delivering of legal remedies and relief.
The Supreme Court of Canada, the federal courts, the various appellate courts from the provinces and territories, and the numerous low-level provincial courts are statutory courts whose decision-making power is granted by either the federal parliament or a provincial legislature. The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian
The word "statutory" refers to the fact that these courts' powers are derived from a statute and is defined and limited by the terms of the statute. A statute is a formal written enactment of a Legislative authority that governs a Country, State, City, or County. A statutory court cannot try cases in areas of law that are not mentioned or suggested in the statute. In this sense, statutory courts are similar to non-judicial adjudicative bodies such as administrative tribunals, boards, and commissions, which are created and given limited power by legislation. The practical implication of this is that a statutory court cannot provide a type of legal remedy or relief that is not expressly or implicitly referred to in its enabling or empowering statute.
Judges in Canada are appointed and not elected. Canada is a federation composed of a federal (central government and of 10 provinces and 3 territories Judges of the Supreme Court of Canada, the federal courts, the appellate courts and the superior-level courts are appointed by the federal government. The Supreme Court of Canada ( French: Cour suprême du Canada) is the highest court of Canada and is the final court of appeal in the Canadian Thus, judges of the Ontario Superior Court of Justice are chosen not by Ontario's provincial government but by the same level of government that appoints judges to the federal courts. Ontario (ɒnˈtɛrioʊ is a province located in the central part of Canada, the largest by population and second largest after Quebec Ontario (ɒnˈtɛrioʊ is a province located in the central part of Canada, the largest by population and second largest after Quebec Meanwhile, judicial appointments to judicial posts in the so-called "inferior" or "provincial" courts are made by the local provincial governments.
There are Canadians who would like to see their judges be elected as is the case for some American judges, but as of 2007 there is no indication that the longstanding British tradition of appointing judges will be altered in Canada anytime soon. The United States of America —commonly referred to as the Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located It is doubtful if an elected judiciary would be consistent with the Canadian constitution. Those who favour the appointment method point out that the election approach could possibly threaten the judiciary's ability to be independent in its decision-making. Though political patronage has certainly been a factor in the appointment of some judges, judges appointed to the Supreme Court of Canada have been remarkably non-partisan and well respected by Canadians of all political stripes.
Because judicial independence is seen by Canadian law to be essential to a functioning democracy, the regulating of Canadian judges requires the involvement of the judges themselves. Judicial independence is the doctrine that decisions of the Judiciary should be impartial and not subject to influence from the other branches of government or from private or The Canadian Judicial Council, made up of the chief justices and associate chief justices of the federal courts and of each province and territory, receives complaints from the public concerning questionable behaviour from members of the bench. The Canadian Judicial Council is the regulating body for Canadian Judges composed mostly of chief justices and associate chief justices of Canada's superior courts
Salaries of superior courts are set by Parliament under section 100 the Constitution Act, 1867. Since the Provincial Judges Reference of 1997, provincial courts' salaries are recommended by independent commissions, and a similar body called the Judicial Compensation and Benefits Commission was established in 1999 for federally-appointed judges. Background The reference was the amalgamation of three different sets of challenges to the impartiality and independence of provincial court judges in Manitoba, Prince The Judicial Compensation and Benefits Commission is a Canadian commission that recommends judicial salaries for federally appointed judges
Although English and French are both official languages of Canada, not every court in Canada is bilingual in real practice. English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States French ( français,) is a Romance language spoken around the world by 118 million people as a native language and by about 180 to 260 million people Official bilingualism is the term used in Canada to collectively describe the policies constitutional provisions and laws which give English and French a privileged It depends on which province or territory a particular court is based in. The federal courts as well as the courts in New Brunswick and Ontario are bilingual, for example, but some others (e. New Brunswick ( French: Nouveau-Brunswick /nuvobʁɔnzwik/ is one of Canada 's three Maritime provinces and is the only constitutionally Ontario (ɒnˈtɛrioʊ is a province located in the central part of Canada, the largest by population and second largest after Quebec g. , the courts in Alberta) are generally English only or, for practical reasons, do not normally provide court services in the French language. Alberta (ælˈbɝtə is one of Canada's prairie provinces. It became a province on September 1 1905 English is a West Germanic language originating in England and is the First language for most people in the United Kingdom, the United States
However, either official languages may be used by any person or in any pleading or process in or issuing from any Court of Canada established under the Constitution Act, 1867 and in or from all or any of the Courts of Quebec. The Constitution Act 1867 (formerly called the British North America Act 1867, and still known informally as the BNA Act) constitutes a major part of
Furthermore, under section 14 of the Canadian Charter of Rights and Freedoms a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. Section Fourteen of the Canadian Charter of Rights and Freedoms is the last section under the "Legal rights" heading in the Charter. The Canadian Charter of Rights and Freedoms (also known as The Charter of Rights and Freedoms or simply the Charter) is a Bill of rights entrenched in the
Courtroom custom is largely based upon the British tradition, with a few modifications.
Canadian courts derive their authority from the monarch. Consequently, important symbols in a courtroom include the picture of the monarch and the heraldic Arms of Canada, although many courtrooms do not have a picture of the monarch. Many courts display Canadian and provincial flags. In British Columbia courts, the Royal coat of arms of the United Kingdom is displayed. The Royal Coat of Arms of the United Kingdom is the official Coat of arms of the British monarch, currently Queen Elizabeth II. In the Supreme Court of Newfoundland and Labrador, the Coat of Arms of the United Kingdom is displayed. The Supreme Court of Newfoundland and Labrador is the Superior court for the Canadian province of Newfoundland and Labrador. The Royal Coat of Arms of the United Kingdom is the official Coat of arms of the British monarch, currently Queen Elizabeth II.
In superior courts, lawyers wear black robes and white neck tabs, like barristers in the United Kingdom, but they do not wear wigs. Business attire is appropriate when appearing before judges of inferior courts or justices of the peace.
Judges dress in barrister's robes like the lawyers. Judges of some courts adorn their robes with coloured sashes. For example, Federal Court Judges' robes are adorned with a gold sash, and Tax Court of Canada Judges' robes with a purple sash.
| Sources of law | Constitution, federal statutes, provincial statutes | |
|---|---|---|
| Core areas of law | Constitutional law, Administrative law, Criminal law, Contract law, Tort law, Property law | |
| Other areas of law | Aboriginal law, Civil and human rights, Family law, Immigration and refugee law, Labour and employment law, Copyright law, Trade-mark law, Patent law | |
| Courts | Supreme Court, Federal Court (Appeal), Courts of Appeal, Superior courts, Provincial courts | |
| Education | Law school, Law School Admission Test, Call to the bar | |