CH 5 Jurdiciary Flashcards
court
state-sanctioned forum where disputes between opposing litigants are formally adjudicated
intro
the constitution divides authority over the courts themselves and over the appointment of judges between Parliament and provinves
courts
majority are inferior (trial courts)
courts of first instance: less serious crim matter; traffic, family, small claims
others are superior courts
Important matters: civil disputes and serious cases
Role of the Judiciary
courts judgment is the outcome of the dispute heard before it
courts reason for decision become part of out law and may bind later courts (precedent)
Despite general trend toward statutory authority, judge made rules play an important role in the whole body of the law
Statutory interpretation
Judges…
establish the meaning of statutory provisions
determine jurisdictional validity of statutes
decide whether a statute offends the charter
decide if a statute has superseded a common law rule
Canadian Courts: Constitutional Basis
Constitution Act 1867 sets out the power over courts and appointing judges
Key Provisions: section 92(14), 96,99(1) and (2), and 101
3 types of court
Parliament and the provinces have created three types of court:
Inferior courts
Superior courts
SCC
fourth related institution-administrative tribunals
provincial court systems
2 levels of superior courts trial level superior court
the provincial court of appeal (top court in each province)
Provincial inferior courts
typical divisions
criminal
youth
trafic
family
small claims
the majority are criminal and civil cases; the main entry for judicial system
Provincial superior courts
Inherent jurisdiction over all civil and criminal law disputes in their province:
largest share of overall judicial power in Canada
Inherent power to review provincial superior courts decisions
Specialized Provincial courts
“thereputic justice”
mental health, drug, violence treatment, indigenous courts
Territorial court systems
The difference between provincial and territorial systems is their constitutional basis.
They are rooted in federal statutes that can be changed unilaterally by parliament
Similar to provincial court systems- functionality and jurisdiction
Differences between Yukon/NWT/Nunavut, interns of superior and inferior territorial courts
Federal court system
includes
SCC
4 superior courts
Federal court
Federal court of appeal
Tax court of Canada
Military court system
general court material
standing court material
The supreme court of canada
1875: supreme court act
The jurisdiction of the SCC hears appeals
Primarily hears public law appeals involving criminal matters, statutory interpretation cases come before the SCC in one of three ways
leave to the appeal
appeal as a right
on a reference
hearings
judgments
Precedent and Stare Decisis in the Canadian Court System
Stare decisis: a decision in an earlier court case (precedent) binds lower-level courts in the same jurisdiction
the facts and applicable legal principle (ratio deciendi) into the later case must be materially similar to those in the earlier case
Jurisdiction and Jurisdictional groupings
SCC are binding on all courts across Canada
Principle of commit Binding authority vs. persuasive authority
Distinguishing a precedent
judicial appointments
single appointment process for superior court judges provinces& territories each have a separate but parallel appointment process for inferior court judges
superior court judges
appointment authority
appointment process
qualifications
Inferior court judges
provinvial
territorial
federal
