Court Structures

Question 1

Name and describe the highest level of court in Canada.

Answer 1

The Supreme Court of Canada (SCC): made up of 9 justices that are responsible for interpreting and enforcing the Charter – regarded as the “Guardian of the Constitution”

Question 2

In descending order, list the other three levels of court in Canada.

Answer 2

1. Courts of appeal
2. Provincial/territorial superior courts
3. Provincial courts

Question 3

What are courts of appeal, how are they structured, and what are their responsibilities?

Answer 3

Hear appeals from decisions made by the superior and provincial courts (also known as the appellate division)

Number of judges that hear these court cases vary among provinces, but they usually seat a panel of 3

Sometimes, courts of appeal hear constitutional questions that may be raised in appeals involving individual litigants, governments, or governmental agencies

Question 4

What are provincial/territorial superior courts, how are they structured, and what are their responsibilities?

Answer 4

Can hear cases in any area except those that are specifically limited to a lower court – superior courts have inherent jurisdiction

Try the most serious criminal and civil cases, including divorce cases and cases that involve large sums of money (minimum is set by the province in question)

Also known as: Superior Courts of Justice, Supreme Courts, High Courts of Justice, Courts of the Queen’s Bench

Question 5

What are provincial courts, how are they structured, and what are their responsibilities?

Answer 5

Hear cases involving either federal or provincial laws

Mostly deal with criminal offences, family matters (except for divorce), young offenders (12-17), traffic violations, provincial regulatory offences, and claims involving money (maximum is set by the province in question)

Private disputes involving limited sums of money may also be dealt with at this level (Small Claims Courts)

Preliminary inquiries take place at this level (hearings to determine whether there is enough evidence to justify a full trial in serious criminal cases)

The names and divisions of these courts vary among provinces, but their roles are the same

Question 6

What is the Federal Court of Canada (FCC)?

Answer 6

A superior court with civil jurisdiction that can only deal with matters specified in federal statutes (Act of Parliament)

Organized into a trial division and an appeal division

Jurisdiction includes inter-provincial and federal-provincial disputes, intellectual property proceedings (copyright), citizenship appeals, Competition Act cases, and cases involving Crown corporations or departments of the Government of Canada

Only the FCC can review decisions, orders, and other administrative actions of federal boards, commissions, and tribunals, who may refer any question of law, jurisdiction, or practice to the FCC at any stage of a proceeding