1. The Canadian Legal System

2. Summary of Objectives
To provide the historical background to Canadian law
To identify sources of Canadian law
To introduce the concept of legal jurisdiction
To compare and contrast criminal and civil legal procedures 2

3. What is Law?
A formally enacted or customary body of rules recognized as binding on people within a state or a community
Enforcement of the set of rules is part of their design in a politically organized society. 3

4. Purposes of Law To maintain the integrity of state boundaries
To maintain law and order
To protect citizens from each other and from abuse of power by government officials
To provide a forum for dispute resolution between citizens or between citizens and government
To establish and maintain standards relating to areas such as health, education and employment 4

5. Divisions of Law
Public law – associated with government and the public interest
Private law – associated with interpersonal matters
Criminal law – protection of the political security of the state and its citizens
Civil law – non-criminal resolution of disputes
Substantive law – rights and remedies
Procedural law – the procedures through which substantive rights are protected 5

6. Canadian Governmental Hierarchy
The sovereign, Queen Elizabeth II
Federal parliament (House of Commons and Senate)
Provincial or territorial legislatures
Municipal governments 6

7. Players in the Legal System
Legislators – elected
Judges – appointed
Jurors – chosen from citizens who have never been convicted of an indictable criminal offence
Lawyers – must have achieved a law degree and been “called to the bar” in order to practise law
Clients
Police 7

8. Federal Courts
Supreme Court of Canada – nine federally appointed justices with jurisdiction to hear all criminal, civil and constitutional cases
Federal Court of Canada – trial and appeal divisions with jurisdiction to hear, for example, cases on patents, copyright, trademark, aeronautics, maritime law, inter provincial and federal-provincial disputes 8

9. Federal Courts 2 Tax Court of Canada
Court Martial Appeal Court of Canada – military
Court of Canadian Citizenship 9

10. Provincial Courts
Superior Courts of the Province – federally appointed judges with jurisdiction to hear, for example, indictable offence cases like murder or treason under the Criminal Code, divorce cases, civil cases above the ceiling for small claims, and administrative law applications from boards and tribunals 10

11. Provincial Courts
Provincial Courts – judges are provincially appointed with jurisdiction to hear, for example, less serious Criminal Code offences, support and custody applications in family law, youth court issues and small claims cases 11

12. Provincial Courts
Provincial Boards, Commissions and Tribunals – specialty quasi-judicial bodies with jurisdiction that includes, for example, liquor licensing, employment standards and labour relations 12

13. Civil Court Procedure 5 Stages: Pleadings Discoveries
Pre trial or mediation
Trial
Appeal 13

14. Pleadings
Plaintiff files statement of claim and has it personally served on defendant
Defendant responds with statement of defence
Defendant may also counterclaim against defendant, crossclaim against co-defendant, and bring third party claim against someone not a party to the lawsuit
Plaintiff responds with reply or statement of defence to the counterclaim 14

15. Copyright © 2007 by Nelson, a division of Thomson Canada Limited
Discoveries
Purpose is to identify all facts, issues and evidence prior to trial
Each party examines the other under oath.
A certified reporter records the questions and answers and prepares a transcript of them.
Each party must list all documents relevant to the case and the names of witnesses who will be called.
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Pretrial or Mediation
Purpose is to settle before trial or reduce the number of issues at trial
If a pretrial occurs, that judge is disqualified from proceeding at the actual trial.
In some provinces or territories, mediation is mandatory.
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Trial
Plaintiff makes opening statement and presents case.
Plaintiff’s witnesses are examined in chief, and cross-examined by defendant
Defendant presents defence in chief, and plaintiff cross-examines.
Plaintiff must prove case on a balance of probabilities.
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Appeals
Appeals of civil cases are not granted automatically.
Appeals are usually limited to cases where there was an error of law, not of fact.
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Criminal Procedure
Purpose is to protect against acts that threaten the security of a person or the state
Types of offences: summary conviction (minor), indictable (serious), and hybrid (the Crown chooses whether to proceed summarily or by indictment)
The Crown must prove its case beyond a reasonable doubt.
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20. Criminal Court Procedure
First step is arraignment
If plea is “not guilty,” the case proceeds to trial. Depending on the charge, the accused may choose trial by jury or by judge alone.
Crown calls prosecution’s witnesses and examines in chief.
Defence may cross-examine.
If Crown does not meet the burden of proof, the presumption of innocence applies.
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