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SERVING CANADIANSCANADA'SCOURTSYSTEM
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CANADA'S COURT SYSTEM
iCONTENTS
How Does Canada's Court System Work?
How the Courts are Organized
.3Provincial/Territorial Courts
........3Provincial/Territorial Superior Courts
Family Courts
........................6Provincial/Territorial Courts of Appeal
Courts and Other Bodies under Federal Jurisdiction e Federal Court ...................8 e Federal Court of Appeal ........9Specialized Federal Courts
..........9 e Tax Court of Canada ........................................................................ .....9 Military Courts ........................................................................ ..............10 e Supreme Court of Canada ...10 What Kinds of Cases Does the Supreme Court of Canada Hear? ................................11Administrative Tribunals and Boards
Alternative Approaches
.......13Alternative Dispute Resolution
...13Sentencing Circles
.................14 iiCANADA'S COURT SYSTEM
The Judiciary
...................15Judicial Independence
..........15How Are Judges Appointed?
....16What Training Do Judges Receive?
Judicial Conduct
.................17Relevant Laws Relating to the Judiciary
DEFINITIONS
...................18HOW DOES CANADA'S COURT SYSTEM WORK?
1Courts in Canada help people resolve disputes
fairly - whether they are between individuals, or between individuals and the state. At the same time, courts interpret and pronounce law, set standards, and decide questions that a?ect all aspects of Canadian society.Canada's
judiciary is one branch of our system of government, the others being the legislature and the executive. Whereas the judiciary resolves disputes according to law - including disputes about how legislative and executive powers are exercised - the legislature (Parliament) has the power to make, alter and repeal laws. ?e executive branch (in particular, the prime minister and ministers, the public service, as well as a variety of agencies, boards, and commissions) is responsible for administering and enforcing the laws. ?e courts interpret and apply the Constitution, as well as legislation passed by both levels of government. ?ey also develop and apply the common law.Canada's system of courts is complex. Each
province and territory has its own courts, as well as courts that have national jurisdiction. e Supreme Court of Canada presides over the entire system. e courts' primary task is admin istering justice - that is, ensuring that disputes are settled and crimes are prosecuted fairly and in accordance with Canada's legal and constitutional structure. e provinces and territories are responsible for providing every thing the courts under their jurisdiction need, from building and maintaining the courthouses, to providing sta and resources, such as interpreters, court reporters to prepare transcripts, sheris, and registry services, to paying provincial/territorial court judges. e federal government appoints and pays judges for the superior courts in each province, as well as judges at the federal level. It is also ?e Constitution recognizes and protects Aboriginal rights and treaty rights. 2CANADA'S COURT SYSTEM
Most disputes are
settled before they are heard by a judge. responsible for the administration of theSupreme Court of Canada and federally
created courts.Courts are not the only mechanism
for settling dierences between people. Less formal processes include alternative dispute resolution , private commercial arbitration, and appearing before administrative boards and tribu nals . Even for issues that never getto court, court decisions inuence people's choices and actions. ey provide guidance on what the law is, and how people should conduct themselves to ensure they are
in compliance with it.In the sections that follow we explain the
structure of the court system - how the courts are organized and how the various elements connect to one another. e nal section looks at some of the principles and institutions that help keep Canada's court system fair and independent. 3Each type of court has its own jurisdiction,
which means that it has the authority to decide speci?c types of cases. Canada has four levels of court. 1.Provincial and territorial (lower) courts:
?ese courts handle most cases that come into the system. ?ey are established by provincial and territorial governments. 2.Provincial and territorial superior courts: ?ese are courts of plenary, or complete, jurisdiction established under section 96
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