Topic 4 Flashcards
Canadian courts are central to
- dispute resolution
-dispensing justice
-enforcing contracts
-answering legal questions
-enforcing the constitution
-creating case law
Setting directions in society toward social control
What is the final court of appeal
Supreme Court
Administrative boards and tribunals are regulated by
-regulated by statute
Administrative boards and tribunals deals with
-disputes outside of the court process
-created by provincial and federal legislation
-adjudication, rule making and standard, setting roles
-deal with both public and private law
- example labour relations board, workers compensation wtc
Military court
-deal with violations of the code of service discipline
-consist of
1.various types of military courts and
2.court martial appeal court
Have the same rights, powers and privileges as superior courts
Military judges appointed by minister of national defence
What does the court R V Genereuux deal with
Within military courts, drug trafficking, and impartiality of Court Marshall’s
Provincial court
The primary entry into Canadas court system
90% of court cases settled in..
Provincial court
What section of the criminal code deals with fraud,mischief and illegal gambling
Section 533
Canadians provinces other than Quebec practice
Common law
In Quebec what law is practiced
Civil law
Divisions in provincial court
- Youth division
2.family division-informal and restorative
3.civil claims division , contract and tort law
4.criminal division
Judges in the superior court of the provinces appointed by
Federal government
What is the highest level of courts in the provinces
Superior court
2 divisions in superior courts of the provinces
- Trial division, indictable offences, larger claims, criminal appeals from lower courts, defamation
- Appeal division (appeal if fact or law was left out of the decision
Indictable offences
Outlined in section 469 of criminal code
2 divisions in the federal court of Canada
- Trial division-responds to civil disputes arising from federal government actions, federal-provincial disputes, intellectual priority disputes, citizenship and immigration, refugee law etc
- Appeal division-hears appeals from the trial division and the federal administrative boards and tribunals
What does the tax court of Canada hear out
Hears appeals from tax assessments by individuals and companies
Supreme Court of Canada hears appeals in relation to
Criminal cases from provincial court of appeals and federal court of appeals
Supreme Court of Canada can offer legal options o the government TRUE or False
TRUE
Supreme Court of Canada can address constitutional matters T or F and what is this called
True; judicial review
Supreme Court of Canada
Hear both common law and civil law
Is the Supreme Court of Canada bound by legislation and can it also interpret legislation in terms of the constitution of Canada
Yes, and YES
Characteristic of Canada court system
- Adversarial system
2.high level of formality
3.open access
4.jury of peers
5.reasonable timeliness
Alternative dispute resolution and what does it employ
-dispute resolution beyond the traditional, adversarial court system
-it employs negotiation,meditation and conciliation
Alternative dispute resolution is conducted by
Non judicial officer
Restorative justice and what principles are included
- repair harm by providing opportunity for those harmed and those who take responsibility for the harm to communicate about and address their needs in the aftermath of the crime
-principles include recognition,inclusion,accountability, voluntariness and dialogue
Supreme Court of Canada consist of
- consist of 8 justices and 1 chief justice
- 3 must be from quebec, 3 come from Ontario, 2 from western provinces and 1 from Atlantic provinces
The Supreme Court appointments are made on recommendation
- recommendations by the prime minister
The Supreme Court of Canada hears appeals..
Appeals in relation to criminal cases from provincial court of appeals and the federal court of appeal
Supreme Court of Canada address…
Constitutional matters and judicial review as well as offer legal opinions to the government
Vriend V Alberta
- sexual orientation was not under the Canadian constitution and they got discriminated against brought up to Supreme Court and won
Dunmore v ontario
- duty on government in protection of charter of rights, farmers are not allowed to form a workers union
Problem with adversarial system
- does not concern itself with restorative justice
- lawyer vs lawyer; well versed lawyer vs new practice lawyer not really justice based but difference in research team would be evident
American vs Canadian court system
- America more flashy
- Canada more elitist
R V Gladue
- restorative justice case relating to First Nations
