 The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments 

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 The Constitution Act, 1867, determines how the court system is structured  Authority is divided between the federal and the provincial governments  The federal government is responsible for the Supreme Court of Canada and appointing of judges to superior courts and provincial courts of appeal  The provincial and territorial governments administer both civil and criminal law. They appoint judges to provincial courts Copyright 2013 McGraw-Hill Ryerson Ltd. 1 THE STRUCTURE OF THE COURT SYSTEM LO1

Copyright 2013 McGraw-Hill Ryerson Ltd. 2 THE COURTS IN THE CRIMINAL JUSTICE SYSTEM LO1

 Most criminal cases are heard in the provincial and territorial courts  Often referred to as a lower court, all criminal cases in Canada begin here  All accused will make a first appearance at the provincial/territorial court (either in bail court, trial court, or a specialized court – mental health, domestic violence, drug treatment, aboriginal persons, young offenders, superior court, court of appeal) Copyright 2013 McGraw-Hill Ryerson Ltd. 3 PROVINCIAL/TERRITORIAL COURT LO1

 The Supreme Court ruling (R. v. Gladue [1999]) mandates that special consideration should be given to Aboriginal persons regarding sentencing  A special court (the Gladue court) has been created to respond to the unique circumstances of Aboriginal persons accused of criminal offences Copyright 2013 McGraw-Hill Ryerson Ltd. 4 COURTS FOR ABORIGINAL PERSONS LO1

 Deals with cases that are specified in federal legislation including disputes between provinces, territories and/or the federal government  As well, cases relating to intellectual property, citizenship appeals and federal Crown corporations are managed by the federal courts Copyright 2013 McGraw-Hill Ryerson Ltd. 5 THE FEDERAL COURTS LO1

Copyright 2013 McGraw-Hill Ryerson Ltd. 6 LO1  The final court of appeal and the highest court in Canada  It hears cases from all areas of law (criminal, constitutional, and civil law)  A case will be heard at the Supreme Court only after all other appeal opportunities have been exhausted  An application for appeal is reviewed by three judges. If granted, it is called a “leave to appeal” THE SUPREME COURT OF CANADA

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