Chapter 16: Courts

Question 1

3 Levels of Provincial Court

Answer 1

1. Provincial Court (appointed): less serious crimes, municipal bylaw offenses, indictable offences (theft), preliminary hearings, bail hearings, youth criminal offenses, small civil cases. Don’t like the ruling, go to Superior Court
2. Superior Court: murder and serious crimes, divorce, large amounts of money, appeals from provincial courts. Don’t like the ruling, go to Appeal Court
3. Appeal Court: appeals from lower courts, reference cases. It makes a ruling, it becomes binding

Question 2

Federal Court of Canada

Answer 2

A court established by the federal gov. that deals with cases involving gov. & specialized subjects within its jurisdiction

• citizenship, immigration, refugee appeals
• copyright, trademark
• appeals from other federal tribunals
• Aboriginal law and land claims
• federal jurisdiction issues
• Tax Court: tax cases

Question 3

Supreme Court of Canada

Answer 3

Highest court since 1949 and final court of appeal:

• hears appeals from provincial and territorial courts of appeal in civil & criminal cases
• hears from the appeals division of the Federal Court
• Constitutional Law Cases: division of power, interpreting the Charter
• interested exclusively in questions of law
• “reading in” - part of the unwritten constitutional law package, conventions

Question 4

Civil Law

Answer 4

Regulates relationships between two private parties such as individuals or corporations

• Does not involve government
• mostly provincial
• largely based on the provincial power of property and civil rights
• Eg. disputes over commercial contracts or property

Question 5

Criminal Law

Answer 5

Deals with wrongs committed against others, offensive to society - Criminal Code deals with criminal law, federal jurisdiction

• murder, sexual assault, theift
• judges impose fines or prison sentences
• guilt must be proven “beyond a reasonable doubt”