The Court System of Canada

• Author: Tina Kamakaris/Jane Kamakaris/Louis Kamakaris
• Pages: 79-98

79

Chapter 7 The Court System of Canada

CHAPTER 7

is chapter looks at the court system of Canada, including the provincial and territorial courts,

the fundamental principles of criminal and civil law, and the criminal and civil court process.

THE COURT SYSTEM

OF CANADA

Figure 7.0 Court System of Canada

SUPREME COURT OF CANADA

FEDERAL COURT OF APPEAL

PROVINCIAL/TERRITORIAL

COURTS OF APPEAL

COURT MARTIAL APPEAL COURT

OF CANADA

FEDERAL COURT TAX COURT OF

CANADA

MILITARY

COURT

PROVINCIAL/

TERRITORIAL

SUPERIOR COURTS

PROVINCIAL/

TERRITORIAL

BOARDS,

COMMISSIONS

& TRIBUNALS

PROVINCIAL/

TERRITORIAL

COURTS

FEDERAL BOARDS,

COMMISSIONS &

TRIBUNALS

e organization of Canada’s judicial system is a function of Canada’s Constitution and particularly

of the

Constitution Act

, 1867. By virtue of the Constitution Act, authority for the judicial system in

Canada is divided between the federal government and the provincial governments. e Constitu-

tion Act, l867, empowers each province to establish its own court system. Section 92 reads:

In each Province the Legislature may exclusively make Laws in relation to....[t]he

Administration of Justice in the Province, including the Constitution, Maintenance,

and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and

including Procedure in Civil Matters in those Courts.

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.

80 Legal Office Procedures

SUPREME COURT OF CANADA

is is the highest and nal court of appeal in Canada. It sits in the main courtroom of the

Supreme Court of Canada building in Ottawa. e Chief Justice of Canada presides over it, and

it consists of the Chief Justice of Canada and eight other justices. e Supreme Court of Canada

hears criminal and civil appeals from the courts of appeal of all provinces and gives advisory

opinions to the federal government, if requested, on the interpretation of the Canadian Constitu-

tion. In some cases, the Supreme Court of Canada must grant leave (permission) to an appellant

before hearing the appellant’s appeal. Normally, the issue or legal point must be of some public

importance before the Supreme Court of Canada would grant such a leave.

FEDERAL COURT

e Federal Court specializes in areas such as intellectual property, maritime law, federal-provincial

disputes, and civil cases related to terrorism. e Tax Court specializes in hearing appeals from

tax assessments. e Federal Court of Appeal reviews the decisions of both the Federal Court

and Tax Court. Administrative boards and tribunals are not part of the court system. ey deal

with disputes over interpretation and application of laws and regulations such as entitlement to

employment insurance or disability benets, refugee claims, and human rights.

PROVINCIAL AND TERRITORIAL COURTS

e provincial and territorial level court system is roughly the same across Canada. Each province

has three levels: provincial and territorial, or lower, courts; superior courts, which may be called

the Supreme Court, the Court of Queen’s Bench, or the Superior Court of Justice; and appeal

courts. e following discussion of the Ontario court system also applies to the court systems of

other provinces/territories, with appropriate modication.

THE ONTARIO COURT SYSTEM

Trial courts e Courts of Justice Act creates all Ontario trial and appeal courts. Generally,

trial courts hear only trials, and appeal courts hear only appeals. Ontario’s trial court is the Court

of Ontario, Figure 7.1, and consists of two divisions: the Superior Court of Justice and a lower

court, the Ontario Court of Justice.

SUPERIOR COURT OF JUSTICE

e Chief Justice of the Superior Court of Justice presides over this court and is also its president.

e federal government appoints all of its judges, which is why it is named Superior Court of

Justice, as opposed to the lower level Ontario Court of Justice where the provincial government

appoints all of its judges. e Superior Court of Justice hears criminal prosecutions of indictable

oences and all civil suits. In criminal jury trials, the jury consists of twelve individuals, all of

whom must agree on the verdict. In civil jury trials, the jury consists of six individuals, ve of

whom must agree on the verdict. e Superior Court of Justice has three branches: the Small

Claims Court, the Family Court, and the Divisional Court.

SMALL CLAIMS COURT

is is a court for claims under $35,000, excluding interest and costs. e Chief Justice of the

Superior Court of Justice heads the Small Claims Court and is also its president. It is a same

level court as the Superior Court of Justice, but it is specically designated as an informal court

Legal TIP

Think of the Ontario

Court of Justice as

the court dealing

with people and of

the Superior Court of

Justice as the court

dealing with property

(i.e. money).

Copyright © 2022 Emond Montgomery Publications. All Rights Reserved.