THE STRUCTURE OF THE COURT SYSTEM
 The Constitution Act, 1867, determines how the court
system is structured
 Authority is divided between the federal and the
provincial governments
 The federal government is responsible for the
Supreme Court of Canada and appointing of judges to
superior courts and provincial courts of appeal
 The provincial and territorial governments administer
both civil and criminal law. They appoint judges to
provincial courts
LO1
Copyright 2013 McGraw-Hill Ryerson Ltd.
1
THE COURTS
IN THE CRIMINAL JUSTICE SYSTEM
LO1
Copyright 2013 McGraw-Hill Ryerson Ltd.
2
PROVINCIAL/TERRITORIAL COURT
 Most criminal cases are heard in the provincial and
territorial courts
 Often referred to as a lower court, all criminal cases
in Canada begin here
 All accused will make a first appearance at the
provincial/territorial court (either in bail court, trial
court, or a specialized court – mental health,
domestic violence, drug treatment, aboriginal
persons, young offenders, superior court, court of
appeal)
LO1
Copyright 2013 McGraw-Hill Ryerson Ltd.
3
COURTS FOR ABORIGINAL PERSONS
 The Supreme Court ruling (R. v. Gladue [1999])
mandates that special consideration should be
given to Aboriginal persons regarding
sentencing
 A special court (the Gladue court) has been
created to respond to the unique
circumstances of Aboriginal persons accused of
criminal offences
LO1
Copyright 2013 McGraw-Hill Ryerson Ltd.
4
THE FEDERAL COURTS
Deals with cases that are specified in federal
legislation including disputes between
provinces, territories and/or the federal
government
As well, cases relating to intellectual property,
citizenship appeals and federal Crown
corporations are managed by the federal
courts
LO1
Copyright 2013 McGraw-Hill Ryerson Ltd.
5
THE SUPREME COURT OF CANADA
The final court of appeal and the highest court
in Canada
It hears cases from all areas of law (criminal,
constitutional, and civil law)
A case will be heard at the Supreme Court only
after all other appeal opportunities have been
exhausted
An application for appeal is reviewed by three
judges. If granted, it is called a “leave to
appeal”
LO1
Copyright 2013 McGraw-Hill Ryerson Ltd.
6