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During times of universal deceit, telling the truth becomes a revolutionary act. George Orwell.

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Presentation on theme: "During times of universal deceit, telling the truth becomes a revolutionary act. George Orwell."— Presentation transcript:

1 During times of universal deceit, telling the truth becomes a revolutionary act. George Orwell


3 Created in 1875 by a Canadian Act of Parliament, decisions of the Supreme court were reviewable by the British Privy Council in London until 1 January 1947. Cases from provincial courts could actually by-pass the Supreme Court and appeal directly to London, seat of the Empire. This was the compromise initially worked out between the Canadian federal government, the seven provinces that existed in 1875, and imperial authorities. The right of appeal to London was discontinued in 1947, when the people of Canada ceased to be British Subjects with the invention of Canadian citizenship; however, cases pending before the Privy Council at that time were still heard and decided. In 1949, the Supreme Court of Canada truly became the final and highest court in the country.Canadian Act of ParliamentBritish Privy Councilthe EmpireSupreme Court of Canada

4 The Supreme Court currently consists of nine justices, which include the Chief Justice of Canada and eight poise justices. The court's duties include hearing appeals of decisions from the appellate courts (to be discussed next) and, on occasion, delivering references (i.e., the court's opinion) on constitutional questions raised by the federal government. By law, three of the nine justices are appointed from Quebec because of Quebec's use of civil law.Chief Justice of Canadaappellate courtsreferencescivil law

5 These courts of appeal (as listed below by province and territory in alphabetical order) exist at the provincial and territorial levels and were separately constituted in the early decades of the 20th century, replacing the former Full Courts of the old Supreme Courts of the provinces, many of which were then re-named Courts of Queens Bench. Their function is to review decisions rendered by the superior-level courts and to deliver references when requested by a provincial or territorial government as the Supreme Court does for the federal government. These appellate courts do not normally conduct trials or hear witnessesFull Courts

6 Alberta Court of Appeal British Columbia Court of Appeal Manitoba Court of Appeal New Brunswick Court of Appeal Supreme Court of Newfoundland (Court of Appeal) Court of Appeal for the Northwest Territories Nova Scotia Court of Appeal Nunavut Court of Appeal Court of Appeal for Ontario Supreme Court of Prince Edward Island - Appeal Division Quebec Court of Appeal Saskatchewan Court of Appeal Court of Appeal of the Yukon Territory

7 These courts (as listed below by province and territory in alphabetical order) exist at the provincial and territorial levels. The superior courts are the courts of first instance for divorce petitions, civil lawsuits involving claims greater than small claims, and criminal prosecutions for indictable offences (i.e., felonies in American legal terminology). They also perform a reviewing function for judgements from the local inferior courts and administrative decisions by provincial or territorial government entities such as labour boards, human rights tribunals and licensing authorities.courts of first instanceindictable offences felonies

8 Court of Queen's Bench of Alberta Supreme Court of British Columbia Court of Queen's Bench of Manitoba Court of Queen's Bench of New Brunswick Supreme Court of Newfoundland and Labrador (Trial Division) Supreme Court of Newfoundland and Labrador Supreme Court of the Northwest Territories Supreme Court of Nova Scotia Nunavut Court of Justice Ontario Superior Court of Justice Supreme Court of Prince Edward Island - Trial Division Supreme Court of Prince Edward Island Quebec Superior Court Court of Queen's Bench for Saskatchewan Supreme Court of the Yukon Territory Furthermore, some of these superior courts (

9 Furthermore, some of these superior courts (like the one in Ontario) have specialized branches that deal only with certain matters such as family law or small claims. To complicate things further, the Ontario Superior Court of Justice has a branch called the Divisional Court that hears only appeals and judicial reviews of administrative tribunals and whose decisions have greater binding authority than those from the "regular" branch of the Ontario Superior Court of Justice. Although a court, like the Supreme Court of British Columbia, may have the word "supreme" in its name, it is not necessarily the highest court in its respective province or territory. Most provinces have special courts dealing with small claims (lawsuits for less than a certain amount of money). These are typically divisions of the superior courts in each province. Parties often represent themselves, without lawyers, in these courts.

10 Each province and territory in Canada has an "inferior" or "lower" trial court, usually called a Provincial Court to hear certain types of cases. Appeals from these courts are heard either by the superior court of the province or territory or by the Court of Appeal. In criminal cases, this depends on the seriousness of the offence. These courts are created by provincial statute and only have the jurisdiction granted by statute. Accordingly, inferior courts do not have inherent jurisdiction. These courts are usually the successors of older local courts presided over by lay magistrates and justices of the peace who did not necessarily have formal legal training. However, today all judges are legally trained, although justices of the peace may not be. Many inferior courts have specialized functions, such as hearing only criminal law matters, youth matters, family law matters, small claims matters, "quasi-criminal" offences (i.e., violations of provincial statutes), or bylaw infractions. In some jurisdictions, these courts serve as an appeal division from the decisions of administrative tribunals.trialinherent jurisdictionjustices of the peace

11 Federal Court Tax Court of Canada Federal Court of Appeal

12 The Federal Court and the more specialized Tax Court of Canada exists primarily to review administrative decisions by federal government bodies such as the immigration board and hear lawsuits under the federal government's jurisdiction such as intellectual property and maritime law.immigrationintellectual propertymaritime law The Federal Court of Appeal hears appeals from decisions rendered by the Federal Court, the Tax Court of Canada and a certain group of federal administrative tribunals like the National Energy Board and the federal labour board. All judges of the Federal Court are ex officio judges of the Federal Court of Appeal, and vice versa, although it is rare that a judge of one court will sit as a member of the other.National Energy Board Before 2003, the Federal Court was known as the Federal Court of Canada - Trial Division while the Federal Court of Appeal was known as the Federal Court of Canada - Appeal Division. In turn, the Federal Court of Canada descended from the old Exchequer Court of Canada, which was created in 1875. Although the federal courts can be said to have the same prestige as the superior courts from the provinces and territories, they lack the "inherent jurisdiction" (to be explained later) possessed by superior courts such as the Ontario Superior Court of Justice.

13 Military Courts Federal and provincial administrative tribunals Courts of inherent jurisdiction Statutory courts

14 Judges in Canada are appointed and not elected. Judges of the Supreme Court of Canada, the federal courts, the appellate courts and the superior-level courts are appointed by the federal government. Thus, judges of the Ontario Superior Court of Justice are chosen not by Ontario's provincial government but by the same level of government that appoints judges to the federal courts. Meanwhile, judicial appointments to judicial posts in the so-called "inferior" or "provincial" courts are made by the local provincial governments.Supreme Court of CanadaOntario There are Canadians who would like to see their judges be elected as is the case for some American judges, [citation needed] but as of 2007 [update] there is no indication that the longstanding British tradition of appointing judges will be altered in Canada anytime soon. It is doubtful if an elected judiciary would be consistent with the Canadian constitution. Those who favour the appointment method point out that the election approach could possibly threaten the judiciary's ability to be independent in its decision-making. Though political patronage has certainly been a factor in the appointment of some judges, judges appointed to the Supreme Court of Canada have been remarkably non- partisan and well respected by Canadians of all political stripes.Americancitation needed [update]British

15 Because judicial independence is seen by Canadian law to be essential to a functioning democracy, the regulating of Canadian judges requires the involvement of the judges themselves. The Canadian Judicial Council, made up of the chief justices and associate chief justices of the federal courts and of each province and territory, receives complaints from the public concerning questionable behaviour from members of the bench.judicial independenceCanadian Judicial Council Salaries of superior courts are set by Parliament under section 100 the Constitution Act, 1867. Since the Provincial Judges Reference of 1997, provincial courts' salaries are recommended by independent commissions, and a similar body called the Judicial Compensation and Benefits Commission was established in 1999 for federally- appointed judges.Provincial Judges ReferenceJudicial Compensation and Benefits Commission

16 In groups of three, create PowerPoint presentations on types of Courts in Canada. What kind of legal incriminations/offences (summary, indictable.. does each court deal with. Make sure to include the judicial symbols, court decorum and court etiquette. Do not forget to outline a specific division of power: Federal vs. Provincial. Your PowerPoint should contain authentic facts and more charts,diagrams, and pictures than words.

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