Criminal and Civil. Jurisdiction over the court system is divided between federal and provincial governments. The provinces organize and maintain their.

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Presentation transcript:

Criminal and Civil

Jurisdiction over the court system is divided between federal and provincial governments. The provinces organize and maintain their provincial courts (providing courthouses and court staff). The federal government controls criminal law and establishes procedures to be followed in criminal matters. The federal government also controls the Court of Appeal for Canada and the Federal Court

Reads the charge and enters the plea of all criminal cases (arraignment) Holds preliminary hearings Hears and tries criminal summary conviction cases and the least serious indictable offences (eg: theft under $5000)

The actual names of these courts vary from province to province. Tries severe crimes such as manslaughter and sexual assault, etc. Hears criminal appeals from summary conviction cases – lesser crimes Sets provincial precedents

The actual names of these courts vary from province to province. Hears appeals from the Trial Division of Provincial Supreme Courts Sets provincial precedents

Highest appeal court in Canada Unlimited jurisdiction in criminal matters Hears appeals from provincial appeal courts Interprets the Charter and clarifies criminal matters Sets national precedents

These courts deal with legal matters that are not criminal.

Provides a simple, and relatively inexpensive, way to solve disputes concerning money or property. Cases are heard by a judge without a jury, and are argued by the individuals themselves. Depending on the province, the maximum claim that can be handled at this level ranges from $3000 to $ (Ontario’s max. is $10 000)

All civil cases above Small Claims Court come here. Usually argued by lawyers. Cases can be tried with, or without, a jury. The jury only has six members and their decision does not have to be unanimous; only a majority vote is required.

Hears appeals from lower provincial courts (civil matters only). Appeals are heard by three or more judges – depending on the severity of the case.

Deals with all matters related to Family Law, such as Marriage, divorce, annulments Custody of children Child Support Spousal Support Division of Property

Deals with cases involving the federal government and its employees Deals with disputes over federal income tax Also deals with patents, copyrights, and trademarks

This is the highest court in the country. Only hears appeals from the Federal Court and provincial Courts of Appeal that it believes are of national importance, or where an important matter of law must be decided.

Read pages Answer question 5 on page 118