Provincial Court Flashcards
What Does this Court Do?
The Provincial Court has a broader jurisdiction than some other provincial courts in Canada. While its criminal caseload comprises the bulk of the Court’s work, the Court has jurisdiction in family law, child protection law
and civil law.
The scope of the Court’s jurisdiction is expanding. The most significant evolution has been in the increase in the monetary limit in Small Claims Court from $10,000 to $25,000.
The scope of the court’s work is such that its judges are
the personification of justice for the vast majority of British Columbians
Civil Cases in the Provincial courts
Civil and family matters, it is not always necessary, though, for a judge to decide an issue.
Many parties can work things out for themselves
through the mediation-based alternatives available in this court.
As in Supreme Court, a civil case can be settled at anytime during the proceedings by the parties themselves.
Criminal Cases in the Provincial Courts
Criminal cases heard in Provincial Court may take the form of guilty pleas, preliminary inquiries, applications or trials before a judge only.
- no jury trials in this court.
- Generally, the offences tried in this court are found in the Criminal Code, the Youth Criminal Justice Act and the Controlled Drug and Substances Act.
The judges are often called upon to decide complex legal issues including Charter of Rights and Freedoms challenges, dangerous offender proceedings, mental competency hearings, drug conspiracy trials and
criminal organization trials.
Appeals in the Provincial Courts
Sometimes, a Provincial Court Judge may make a decision that one party feels is wrong. That decision could be appealed.
The Supreme Court of BC will hear any appeals of small claims and family cases, along with appeals of summary convictions or offences under the Criminal Code that are considered less serious.
Indictable matters such as robbery or aggravated assault or other more serious criminal offences originally heard in Provincial Court can be appealed to the Court of Appeal for BC
Criminal and Youth Matters
About 99% of all criminal cases in BC begin and end in Provincial Court. A much smaller number of criminal cases are heard in the Supreme Court.
It’s the Supreme Court that hears all the jury trials. Provincial Court judges sit alone, never with a jury. The Provincial Court hears all criminal matters, except murder committed by adults, and a few obscure offences, such as “alarming her majesty” and treason.
What are the four main categories of cases heard in
Provincial Court:
- Criminal and Youth
- Family
- Small Claims (the name for civil cases in the Provincial Court)
- Traffic and Bylaws
Adults
The court hears trials of crimes such as theft under $5000 which is the formal name for shoplifting.
- also hear trials for mischief, simple assaults and
more serious crimes like aggravated sexual assault or kidnapping where the accused chooses to have his or her trial in this court.
- the accused is proven guilty or pleads guilty, then the court does sentencing hearings
- If the accused person is charged with a more serious crime such as manslaughter, break and enter or kidnapping, the accused has the right to choose to have a trial in Provincial Court or Supreme Court.
This is called an election. If the accused elects to have a trial in Supreme Court, then the Provincial Court conducts the preliminary inquiry to see if the Crown has enough evidence to hold a full trial.
In murder cases involving adult accused, the judge conducts a preliminary inquiry to decide if there is enough evidence to justify holding the full trial in Supreme Court.
The accused may want to have a trial in Supreme Court because they want a jury to hear their case, or they may believe the chance to have a preliminary inquiry will help them learn more about the case against them.
Youth
The Provincial Court hears virtually all criminal cases involving youth from ages 12 to 17, and that includes a charge of murder.
Children under 12 cannot be charged with a criminal offence. However, if it is believed that a child under 12 may have committed a serious crime, the Family Court in
Provincial Court can conduct a hearing to consider the child’s safety and well being and whether they are being cared for appropriately
Family Matters
The Provincial Court of BC hears about half of all family matters in the province. Family Court helps families solve problems when children have been neglected or abused or when there are issues arising from a family breakup.
- divorce, adoptions or the division of family property it would be heard in Supreme Court.
- custody and guardianship of, or access to, or child
support of children of separated parents, the case can be heard in either trial court.
- child protection – where the state alleges children have been neglected or abused - then the case is only heard in Provincial Court.
- majority of family disputes get resolved by an agreement between the parties that is developed with the help of lawyers and encouraged by court resources such as parenting education courses, meetings with Family Justice Counsellors and mediation
services.
Small Claims Matters
The Small Claims Court deals with civil cases that have a claim for $25,000 or less in damages.
The name “Small Claims” fits for some of the cases, but can be kind of misleading in others.
- applies to all Provincial Court civil cases, whether
for minor amounts like $200 or claims where the plaintiff is claiming up to $25,000 in damages which isn’t exactly a small claim for most people.
Civil Cases
the Provincial Court hears most kinds of civil disputes,
such as claims for debt or damages, construction disputes, personal injury claims, recovery of personal property or enforcement of agreements or contracts involving personal property or services.
- There are no civil juries in the Provincial Court,
including Small Claims.
You can sue the federal government in the Supreme Court or in another court called the Federal Court.
If someone named Jones was suing the government,
the case would be called Jones versus Her Majesty the Queen. The Queen is the head of state in Canada, so her name is used to represent the government side in provincial or federal cases
Procedures
- majority of cases settle without a trial
- In every case that is disputed by the respondent, Small Claims Court holds a settlement conference with a judge or a mediation session with a courtappointed mediator who is not a judge.
If the parties are unable to agree on a resolution, and the case has to go to trial, then there may be a pre-trial
conference so that everyone is clear in advance about the legal issues and how the trial will proceed.
