1. Canada’s Court System
CLN4U – Mr. Andrez

3. The Federal Court System
Supreme Court of Canada
highest appeals court in Canada, which also deals with constitutional questions referred to it by the Federal government.
Consists of a chief justice (Beverly Mclachlin) and eight justices, all of whom are appointed by the federal government.
Three come from Quebec, three from Ontario, two from the western provinces and one from the Atlantic Provinces.
The court sits in Ottawa for three sessions a year: winter, spring and fall.
Cases are heard by a panel of five, seven or nine judges, depending on the type of appeal.
Section 101 of the BNA Act authorized the parliament of Canada to greate a “general court of Appeal for Canada”. It wasn’t until 1875 however that Parliament used this provision to create the Supreme Court.

4. Supreme Court of Canada
Hears only appeals, from provincial courts of appeal and the Federal Court of Appeal.
Grants leave, permission to appeal, for matters of national significance or when decisions conflict in the provincial appeals court.
The federal government may ask the court to rule on questions relating to constitutional issues or other federal concerns.
i.e. Jurisdictional Disputes

9. The Federal Court System
Federal Court of Canada
A court that hears cases involving the federal government and consists of a trial and appeal division.
Also hears appeals from federally appointed boards, commissions and administrative tribunals.

10. Other Federal Courts Tax Court of Canada
deals with income tax related matters
Court Martial Appeals Court
hears appeals from courts in the armed forces.

11. Provincial and Territorial Courts
Although the names of the courts are not identical in each province, the court system is roughly the same across Canada.
There are two levels: provincial courts and superior courts.
deal with both civil and criminal cases.
In civil or private cases involving breach of contract or other claims of harm (torts), the courts apply common-law principles in nine provinces and the territories.
In Quebec, courts apply the Quebec Civil Code.
In criminal, or public, cases, on the other hand, the common law is applied throughout Canada.

12. Provincial and Territorial Courts
Provincial Courts
Provincial court is the lowest level of Canadian courts.
Judges are appointed by the provincial government and cases are tried by judge alone
Provincial courts try most criminal offences and, in some provinces, civil cases involving small amounts of money.
Provincial courts may also include specialized courts, such as youth courts, family courts and small claims court.

13. Superior Court
They are the highest criminal and civil courts in the provinces and have a trial and appeal division.
i.e.: the trial court named the Supreme Court or the Court of Queen’s Bench and the appeal court called the Court of Appeal.
Has jurisdiction in both criminal and civil matters, beyond the lower courts.
Judge and jury unless the accused and the provincial Attorney General consent to trial by judge alone. By judge alone in provincial court or by judge and jury in Superior court.
Appeals from the Superior Court are heard in the Superior Court, Appeal division. Three to five judges hear the case and the appeal is won or lost based on the majority decision of the judges.
The federal government appoints the judges to these courts, and their salaries are set by Parliament.

14. Administrative Boards and Tribunals
Many administrative rules and regulations are often dealt with outside formal trials.
i.e.: Canada Employment Insurance Commission, the Canadian Radio-Television and Telecommunications Commission, labour relations boards, tenancy tribunals, and refugee tribunals.
Procedure before these administrative bodies is usually simpler and less formal than in the courts.
the courts may review their decisions and proceedings to ensure that they exercise only the authority given to them by law and that their procedures are fair.
In the case of federal boards, the Federal Court and the Federal Court of Appeal do this review.