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Court Structure & Hierarchy

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1 Court Structure & Hierarchy
Unit 2

2 Supreme Court of Canada
Court Hierarchy Supreme Court of Canada Supreme Court of NL Appeals Division Federal Courts Supreme Court of NL Trial Division District Court Specialty Courts Provincial Court

highest court in the country also called the Appellate court DOES NOT hear any trials, deals with appeals of other courts ONLY! Not all appeals will be heard, each appeal is considered and only the ones with errors in the legal process or proceedings, as well as, erroneous decisions will be heard lawyers present a briefing of the case or trial and identify the area for appeal. consists of a panel of judges (odd number - 3, 5, 7 or 9 judge panel) – WHY? final decision is binding and all other courts will following the precedent

Trial Division trials for the more serious indictable offences such as murder and armed robbery Judge and Jury trials ONLY! Appeals Division Hears appeals from the trial division of this court and lower provincial courts.

5 DISTRICT COURT All criminal trials EXCEPT the most serious indictable ones. Judge alone or judge and jury trial (Choice depending on the criminal offence)

6 PROVINCIAL COURTS preliminary hearings, entering pleas, bail hearings
less serious indictable and summary convictions offences

7 SPECIALTY COURTS deals with specific areas of the law only
ie. Traffic, juvenile, Family, Surrogate (wills/estate)

8 FEDERAL COURT a special court for government
claims and complaints against any government by anyone disputes between various levels of government cases and appeals from various government boards and branches (Ie. Employment Insurance, Worker’s Compensation, Revenue Canada - Taxes) copyrights, trademarks, patents & incorporations

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