The Criminal Court Structure
Provincial Court
• Bottom of the
hierarchy of Canadian
courts
• Judges appointed by
provincial gov’t
• Cases tried by judge
alone – no jury
• Hears summary
conviction offences
and some indictable
Types:
• Summary offences:
less serious crimes
with lighter penalties
e.g. public nudity,
causing a disturbance
• Indictable offences:
more serious crimes
with higher penalties
e.g. theft
Preliminary Hearings
• Determine whether
there is sufficient
evidence to put the
accused on trial
• Protects accused
from unnecessary
trials
• Protects society from
unnecessary
expenses
Appeal
• An application to a higher court to review the
decision made by a lower court
• Appeals are heard in the Superior Court of the
province
• Appeal of Summary Conviction – one judge
• Appeal of Indictable Conviction – panel of three
to five judges
Superior Courts
• Highest level of
provincial courts
• Supreme Court of
Nova Scotia
• Trial division and
appeal division
• Jurisdiction in criminal
and civil matters
• Trial by judge and
judge/jury
Federal Court of Canada
• Trial and appeal division
• Trials for civil claims
involving the federal
government ie.
– Immigration matters
– Intellectual Property
– Federal Employment
Disputes
• Enforceable throughout
the provinces.
Supreme Court of Canada
• Highest court in Canada
• Only hears appeals (but
they must grant
permission) from provincial
and federal courts
• Matters of concern for all
Canadians
• Also hears constitutional
questions from federal
government
• 9 judges (from all regions
of Canada, 3 must be from
Quebec)
Other Courts
• Separate courts that deal with just federal
matters e.g. tax court, military law,
immigration
• Aboriginal courts act similarly to provincial
superior courts - cannot make decisions
that conflict with federal criminal law
• Aboriginal sentencing circles – purpose is
restorative justice
Figure 7.10 Trial by Jury, p. 183