CH 5 Jurdiciary

Question 1

court

Answer 1

state-sanctioned forum where disputes between opposing litigants are formally adjudicated

Question 2

intro

Answer 2

the constitution divides authority over the courts themselves and over the appointment of judges between Parliament and provinves

Question 3

courts

Answer 3

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

Question 4

Role of the Judiciary

Answer 4

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

Question 5

Statutory interpretation

Answer 5

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decide if a statute has superseded a common law rule

Question 6

Canadian Courts: Constitutional Basis

Answer 6

Constitution Act 1867 sets out the power over courts and appointing judges
Key Provisions: section 92(14), 96,99(1) and (2), and 101

Question 7

3 types of court

Answer 7

Parliament and the provinces have created three types of court:
Inferior courts
Superior courts
SCC
fourth related institution-administrative tribunals

Question 8

provincial court systems

Answer 8

2 levels of superior courts trial level superior court
the provincial court of appeal (top court in each province)

Question 9

Provincial inferior courts

Answer 9

typical divisions
criminal
youth
trafic
family
small claims
the majority are criminal and civil cases; the main entry for judicial system

Question 10

Provincial superior courts

Answer 10

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

Question 11

Specialized Provincial courts

Answer 11

“thereputic justice”
mental health, drug, violence treatment, indigenous courts

Question 12

Territorial court systems

Answer 12

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

Question 13

Federal court system

Answer 13

includes
SCC
4 superior courts
Federal court
Federal court of appeal
Tax court of Canada
Military court system
general court material
standing court material

Question 14

The supreme court of canada

Answer 14

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

Question 15

leave to the appeal

Question 16

appeal as a right

Question 17

on a reference

Question 18

hearings

Question 19

judgments

Question 20

Precedent and Stare Decisis in the Canadian Court System

Answer 20

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

Question 21

judicial appointments

Answer 21

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