The Judiciary

Canada's Court System: Provincial and Territorial Courts

Each province and territory, with the exception of Nunavut, has a provincial/territorial court, and these courts hear cases involving either federal or provincial/territorial laws. (In Nunavut, there is no territorial court - matters that would normally be heard at that level are heard by the Nunavut Court of Justice, which is a superior court.) The names and divisions of these courts may vary from place to place, but their role is the same. Provincial/territorial courts deal with most criminal offenses, family law matters (except divorce), young persons in conflict with the law (from 12 to 17 years old), traffic violations, provincial/territorial regulatory offenses, and claims involving money, up to a certain amount (set by the jurisdiction in question). Private disputes involving limited sums of money may also be dealt with at this level in Small Claims courts. In addition, all preliminary inquiries - hearings to determine whether there is enough evidence to justify a full trial in serious criminal cases - take place before the provincial/territorial courts.

A number of courts at this level are dedicated exclusively to particular types of offenses or groups of offenders. One example is the Drug Treatment Court (DTC) program, which began in Toronto in 1998, followed over several years by Vancouver, Edmonton, Regina, Winnipeg, and Ottawa. The object of the DTCs is to address the needs of non-violent offenders who are charged with criminal offences that were motivated by their addiction. Those who qualify are offered an intensive combination of judicial supervision and treatment for their dependence, drawing on a range of community support services.

Youth courts handle cases where a young person, from 12 to 17 years old, is charged with an offence under federal youth justice laws. Procedures in youth court provide protections appropriate to the age of the accused, including privacy protections. Courts at either the provincial/territorial or superior court level can be designated youth courts.

Some provinces and territories (such as Ontario, Manitoba, Alberta and the Yukon) have established Domestic Violence Courts in order to improve the response of the justice system to incidents of spousal abuse by decreasing court processing time; increasing conviction rates; providing a focal point for programs and services for victims and offenders; and, in some cases, allowing for the specialization of police, Crown prosecutors and the judiciary in domestic violence matters.

Provincial/Territorial Superior Courts

Each province and territory has superior courts. These courts are known by various names, including Superior Court of Justice, Supreme Court (not to be confused with the Supreme Court of Canada), and Court of Queen's Bench. But while the names may differ, the court system is essentially the same across the country, with the exception, again, of Nunavut, where the Nunavut Court of Justice deals with both territorial and superior court matters.

The superior courts have "inherent jurisdiction," which means that they can hear cases in any area except those that are specifically limited to another level of court. The superior courts try the most serious criminal and civil cases, including divorce cases and cases that involve large amounts of money (the minimum is set by the province or territory in question).

In most provinces and territories, the superior court has special divisions, such as the family division. Some have established specialized family courts at the superior court level to deal exclusively with certain family law matters, including divorce and property claims. The superior courts also act as a court of first appeal for the underlying court system that provinces and territories maintain.

Although superior courts are administered by the provinces and territories, the judges are appointed and paid by the federal government.
Courts of Appeal

Each province and territory has a court of appeal or appellate division that hears appeals from decisions of the superior courts and provincial/territorial courts. The number of judges on these courts may vary from one jurisdiction to another, but a court of appeal usually sits as a panel of three. The courts of appeal also hear constitutional questions that may be raised in appeals involving individuals, governments, or governmental agencies.

Trial by Jury

Under the Canadian Charter of Rights and Freedoms, individuals accused of the most serious criminal offenses generally have the right to choose to be tried by a jury or by a judge alone. A jury is a group of people, chosen from the community, who assess the facts of a case after a judge explains the law to them. They then make a decision based on their assessment. Sentencing, however, is left to the judge. Trial by jury is also available in some civil litigation, but is rarely used.