Canada's System of Justice

How the Courts are Organized

• Federal and Provincial/Territorial Responsibility: Both levels of government share responsibility for Canada's judicial system.

• Federal Government's Role:

  • Appoints and pays judges of the superior (upper-level) courts in the provinces.
  • Establishes major courts like the Supreme Court of Canada, Federal Court, Federal Court of Appeal, and the Tax Court.
  • Holds exclusive authority over criminal law procedure to ensure consistency across the country.

• Provincial Governments:

  • Administer justice within their areas, organizing and maintaining provincial civil and criminal courts.

Outline of Canada's Court System

• Courts:

  • Supreme Court of Canada
    • Court Martial Appeal Court → Military Courts
    • Provincial/Territorial Courts of Appeals → Provincial/Territorial Superior Courts → Provincial/Territorial Courts
    • Federal Court of Appeal → Federal Court → Tax Court of Canada

• Administrative Boards and Tribunals:

  • Provincial/Territorial Administrative Tribunals
  • Federal Administrative Tribunals

What Do the Federal Courts Do?

• Supreme Court of Canada:

  • Final court of appeal.
  • Nine judges represent four major regions; three must be from Quebec.
  • Functions:
    • Hears appeals from provincial/territorial appeal courts and Federal Court of Appeal.
    • Addresses constitutional questions and complex areas of private/public law.

• Federal Court:

  • Specializes in intellectual property, maritime law, federal-provincial disputes, terrorism-related civil cases.

• Tax Court:

  • Handles appeals from tax assessments.

• Federal Court of Appeal:

  • Reviews decisions from Federal Court and Tax Court.
  • Highest court for about 95% of cases.

Provincial and Territorial Level Courts

• General Structure:
  • Three levels (except Nunavut, which has a single-level trial court):
    • Provincial/Territorial (Lower) Courts
    • Superior Courts
    • Appeal Courts

Provincial and Territorial Courts

• Try most criminal offences, financial disputes, and family matters.
• Apply common-law principles (except in Quebec which uses the Civil Code).
• May include specialized courts (e.g., youth, family, small claims).
• Judges appointed by the provincial government.

Superior Courts

• Deal with serious criminal and civil cases, review decisions from lower courts.
• Two levels:
  • Trial Level
  • Appeal Level
• Judges appointed and paid by the federal government despite provincial administration.

Administrative Boards and Tribunals

• Handle disputes over laws/regulations, e.g., employment insurance, disability benefits, refugee claims, human rights.
• Less formal than courts, essential for dispute resolution in society.
• Tribunal decisions can be reviewed in courts to ensure fairness and legality.