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SERVING CANADIANSCANADA'SCOURTSYSTEM

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©Her Majesty the Queen in Right of Canada,

represented by the Minister of Justice and Attorney General of Canada, 2015

ISBN 978-1-100-25575-0

Cat. No J2-128/2015E-PDF

CANADA'S COURT SYSTEM

i

CONTENTS

How Does Canada's Court System Work?

How the Courts are Organized

.3

Provincial/Territorial Courts

........3

Provincial/Territorial Superior Courts

Family Courts

........................6

Provincial/Territorial Courts of Appeal

Courts and Other Bodies under Federal Jurisdiction e Federal Court ...................8 e Federal Court of Appeal ........9

Specialized 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? ................................11

Administrative Tribunals and Boards

Alternative Approaches

.......13

Alternative Dispute Resolution

...13

Sentencing Circles

.................14 ii

CANADA'S COURT SYSTEM

The Judiciary

...................15

Judicial Independence

..........15

How Are Judges Appointed?

....16

What Training Do Judges Receive?

Judicial Conduct

.................17

Relevant Laws Relating to the Judiciary

DEFINITIONS

...................18

HOW DOES CANADA'S COURT SYSTEM WORK?

1

Courts 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. 2

CANADA'S COURT SYSTEM

Most disputes are

settled before they are heard by a judge. responsible for the administration of the

Supreme 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 get

to 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. 3

Each 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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