CANADA’S COURT SYSTEM
Provincial Courts
 Deals with most criminal offences, family law matters,
youth law, traffic violations, provincial regulatory
offences, and claims involving money up to 15 000.
 Trials heard in superior courts have their preliminary
hearings held in this court.
 Some areas may have Drug Treatment Courts to
address non-violent offenders who are charged with
offences related to their addictions.
Provincial Superior Courts
 In Saskatchewan these are called Court of Queen’s
Bench
 These courts have inherent jurisdiction which means
they can hear any case that isn’t specifically limited to
another court.
 Tends to hear most serious criminal and civil cases as
well as all divorces, and any claims of money over 15
000.
 This court is also the first court of appeal for the
provincial court.
Provincial Courts of Appeal
 This is the first court of appeal for the provincial
superior courts.
 Normally sits a panel of 3 judges but this may vary.
Federal Courts
 Acts like the provincial courts except is may only hear
cases that deal with federal statutes / laws.
 Is broken into tribunals, trial and appeals courts.
Tax Court of Canada
 Gives individuals and companies an opportunity to
settle disagreements with the federal government with
regards to taxes.
 Used only when the taxpayer has gone through all
other options available.
Military Courts
 Is divided into a trial section and an appeal section.
 Applies to all members of the Canadian Forces as well
as any civilians who accompany the Forces on active
service.
Supreme Court of Canada
 Final court of appeal for all other Canadian courts.
 Court consists of a Chief Justice and 8 other judges.
 Only cases that have used up all other appeals may
come here. However even then the court must grant
permission before it will hear the case.
 Permission or Leave tends to be granted only if the
case is of public importance or if for some reason is
considered to be significant in some way.
 Leave is automatic in a criminal case where an appeal
judge has dissented on how the law should be
interpreted. Also where a court of appeal has found
someone guilty who had been acquitted at the original
trial.
Sentencing Circles
 Part of the court process but not a court in themselves.
 Used after someone is found or admits guilt. Involves
the offender, victim, judge, prosecutor, defense
attorney, police, social services, elders, interested
community members.
 Has a number of sentencing options including custody
(jail).
Administrative Tribunals
 Involves issues such as employment insurance,
disability benefits, refugee claims, or human rights.
 Similar to courts but again not actually a court. Tends
to be less formal than courts.