The federal, provincial and territorial governments all have a responsibility to the judicial system in Canada.

Only the federal government can appoint and pay judges of the superior, or upper-level, courts in the provinces. Parliament can also establish a general court of appeal and other courts. It has created the Supreme Court of Canada, the Federal Court and the Federal Court of Appeal, as well as the Tax Court.

Federal Parliament also has exclusive authority over the procedure in courts that try criminal cases. Federal authority for criminal law and procedure ensures fair and consistent treatment of criminal behaviour across the country.

Provincial courts try most criminal offences, money matters and family matters. In private-law cases involving breach of contract or other claims of harm, the courts apply common-law principles in nine provinces and the territories. In Quebec, courts apply the Quebec Civil Code.


All courts are independent of politics. Judges have the responsibility to make impartial, fair decisions according to law.

Our Provincial Courts Also have a Traffic Division. We will only be looking at the Criminal Court specifically.

In BC our Superior Court trial division is known as the "Supreme Court of BC"

In BC our Superior Court Appeal division is known as the "BC Court of Appeal"

These courts are created by provincial statutes and judges are appointed and paid for by the provincial government.

The provincial court also tries violations of provincial statutes or municipal bylaws. For example, persons charged with careless driving or parking in a no parking zone. 

Interesting Facts:

The Provincial Court of BC was established in 1969.

Provincial Court Justices are addressed as “Your Honour”

Regardless of the type of offence, anyone charged with a crime will have contact with the Provincial Court Criminal division.

They will either have their case tried there depending on the charge or they will have a preliminary hearing to determine whether there is sufficient evidence to put the accused on trial by a higher court.

A preliminary hearing takes place when an accused who is charged by way of an indictment chooses or must have a trial in the higher courts.

A preliminary hearing protects an accused person from an unnecessary trial while simultaneously protecting the public from the expense of a trial that may not be required.

An appeal on a summary conviction is heard by one judge of the BC Supreme Court
An appeal on a indictable offence is heard by a panel of 3 or five judges of the BC court of Appeal

Superior courts are the highest level of courts in a province or territory. They deal with the most serious criminal and civil cases and have the power to review the decisions of the provincial and territorial courts.

Superior courts are divided into two levels: trial level and appeal level.

The trial-level courts hear civil and criminal cases. They may be called the Supreme Court, the Court of Queen's Bench, or the Superior Court of Justice.

The appeal-level courts, or Courts of Appeal, hear civil and criminal appeals from the superior trial courts listed above.

Although the provinces and territories administer superior courts, the federal government appoints and pays the judges.

The supreme court of BC was created in 1859 when BC was still a Colony. Before 1990, “County Courts” were located all over BC serving various counties. In 1990 the counties became judicial districts of the Supreme Court”

Judges in The Supreme Courts are referred to as “my lord” or “my lady” and outside of Court as Mr. Justice or Madame Justice

Just like appeals from the provincial court, appeals from the supreme court are heard in the court of appeal of BC

3 or 5 judges hear the cases brought to the appeal court, and the appeal is won or lost based on the majority decision of the judges.

This graphic highlights the courts where various criminal offences are heard.

Summary Conviction:
These types of offences are always dealt with in provincial court criminal division

Examples:

Indictable Sec 553 Offences:
Theft does not exceed 5000
Keeping disorderly houses
house of gaming

Indictable Sec 554 Offences:
Breaking and Entry
Robbery
Attempted Murder

Indictable Sec 469 Offences:
Murder
Treason

The Federal Court is Canada’s national trial court. It hears and decides federal legal disputes whose subject matter has been assigned to the Court by Parliament.

These disputes include:

(1)claims against the Government of Canada

(2)civil suits between private parties in federally-regulated areas

(3)reviews of the decisions of most federal tribunals.

The Federal Court’s jurisdiction includes:

(1)interprovincial and many federal-provincial disputes

(2)immigration and refugee matters

(3)intellectual-property proceedings (e.g., copyright)

(4)citizenship appeals

(5)Competition Act cases

(6) cases involving Crown corporations or departments of the Government of Canada.

The federal courts have the power to review decisions, orders, and other administrative actions of most federal boards, commissions, and tribunals. That means most federal government decisions can be challenged in a federal court. With some exceptions, those bodies may refer questions of law, jurisdiction, or practice to one of the federal courts at any stage of a proceeding.

In some areas of law, such as maritime law, the Federal Court shares jurisdiction with the provincial superior courts. It also has concurrent jurisdiction with respect to civil claims against the federal government.


What is a tribunal?
- a quasi-judicial body that deals with disputes that do not need to be dealt with in the courts. Different kinds of administrative tribunals and boards deal with disputes over the interpretation and application of laws and regulations, such as entitlement to employment insurance or disability benefits, refugee claims, human rights, and parole. Administrative tribunals are less formal than courts and are not part of the court system. However, they play an essential role in resolving disputes in Canadian society. Decisions of administrative tribunals may be reviewed in court to ensure that tribunals act fairly and according to the law.

The Federal Court of Appeal hears appeals from the Federal Court and the Tax Court of Canada, and judicial reviews of certain federal tribunals listed in the Federal Courts Act. Like provincial and territorial courts of appeal, its decisions can only be appealed to the Supreme Court of Canada. The Court hears most legal matters under federal jurisdiction or that involve the federal government.

Learn more here:
http://www.justice.gc.ca/eng/csj-sjc/ccs-ajc/03.html

The Supreme Court of Canada was established in 1875 and is the final court of appeal from all other Canadian courts. It has jurisdiction over disputes in all areas of the law. These include constitutional law, administrative law, criminal law, and civil law. The Court does not hold trials, but hears appeals from all other Canadian appeal courts.

The Court consists of a Chief Justice and eight other justices. Members of the Court are appointed by the federal government as new vacancies occur. Three judges traditionally come from Ontario, two from Western Canada, and one from the Atlantic provinces. In addition, the Supreme Court Act requires that at least three judges must come from Quebec.

The Supreme Court sits in Ottawa for three sessions a year - winter, spring, and fall. Each year the Supreme Court considers an average of between 500 to 600 applications for leave to appeal and hears 65 to 80 appeals.

Before a case can reach the Supreme Court of Canada, it must have used up all available appeals at other levels of court. Even then, the court usually must grant permission or “leave” to appeal before it will hear the case. Leave applications are usually made in writing and reviewed by three members of the court. They then grant or deny the request without providing reasons for the decision.

We will discuss these questions in class.