Court system of Canada
[3] Provincial and territorial lower courts try most criminal offences, small civil claims, and some family matters.
Generally speaking, Canada's court system is a four-level hierarchy, as shown below from highest to lowest in terms of legal authority.
The Provincial Court of a particular province may also have a limited civil jurisdiction, over small claims and some family law matters.
The Constitution Act, 1867 gives the federal Parliament the power to create a "General Court of Appeal for Canada".
[14] Eventually, in 1875, the Liberal government of Alexander Mackenzie passed an Act of Parliament that established the Supreme Court.
[16] Initially, decisions of the Supreme Court could be appealed to the Judicial Committee of the British Privy Council.
[18] The question of the power of Parliament to abolish appeals to the Judicial Committee eventually was tested in the courts.
[19] Following the enactment of the Statute of Westminster, in 1933 the federal Parliament passed legislation again abolishing the right of appeal in criminal matters.
They also hear appeals from the lower trial court and decide upon petitions for judicial review of decisions of administrative agencies such as labour relations boards, human rights tribunals and licensing authorities.
Superior trial court judges establish and interpret legal precedents in civil and criminal law.
The judges of the Court sit in panels of three, and hear cases in English and in French in 18 cities, from Vancouver to St. John's, including locations in northern Canada.
It also has concurrent jurisdiction with the superior trial courts of the provinces to hear civil lawsuits brought against the federal government.
The Federal Court has exclusive jurisdiction to determine many issues which arise under those laws relating to national security.
However, as a federal court, it lacks the power to deal with disputes relating to provincial income taxes and provincial sales taxes, and has no jurisdiction to grant any relief where a taxpayer wishes to sue the Canada Revenue Agency for damages.
Known in Canada as simply "tribunals", these are quasi-judicial adjudicative bodies, which means that they hear evidence and render decisions like courts, but are not necessarily presided over by judges.
Adjudicative functions which can be given to provincially appointed administrative tribunals are limited by section 96 of the Constitution Act, 1867, as this section will be violated where an adjudicative function is the sole or central aspect of a tribunal, and where that power broadly conforms to one that was exercised by superior courts at the time of Confederation.
Tribunals which have the power to decide questions of law may take into consideration the Canadian Charter of Rights and Freedoms, which is part of Canada's constitution.
What tribunals all have in common is that they are created by statute, their adjudicators are usually appointed by government, and they focus on very particular and specialized areas of law.
[55] It is also constitutionally protected for judges hearing criminal matters by section 11(d) of the Canadian Charter of Rights and Freedoms.
[57] A further Supreme Court decision in Provincial Court Judges' Assn of New Brunswick v New Brunswick (Minister of Justice) clarified that salary review commission recommendations are not binding, and departures from advisory recommendations may be justified so long as "rational" reasons are provided.
[59] A unanimous Court expressed a desire to avoid further disputes by clarifying the role of the commission process.
In this sense, statutory courts are similar to non-judicial adjudicative bodies such as administrative tribunals, boards, and commissions, which are created and given limited power by legislation.
The practical implication of this is that a statutory court cannot provide a type of legal remedy or relief that is not expressly or implicitly referred to in its enabling or empowering statute.
Salaries of provincial superior courts are set by Parliament under section 100 of the Constitution Act, 1867, and paid by the federal government.
Under section 99 of the Constitution Act, 1867, judges of the superior courts of the provinces hold office "during good behaviour, but shall be removable by the Governor General on Address of the Senate and House of Commons".
[68] The federal Minister of Justice or the attorney general of a province may also request that the Council establish a hearing panel to consider whether a judge of a superior court should be removed.
[68] The Council provides reports concerning the outcome of complaints and recommendations concerning removal from office to the federal Minister of Justice.
Either official language may be used by any person or in any pleading or process in or issuing from any court established by Parliament under the Constitution Act, 1867.
[76] There is a statutory right to use either English or French in the courts of Ontario,[77] the Northwest Territories,[78] Nunavut,[79] Saskatchewan,[80] and Yukon.
[83] As a result, every court of criminal jurisdiction in Canada, whether federal, provincial or territorial, must have the institutional capacity to provide trials in either language.
