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The court system of Canada forms the country's
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
, formally known as "The King on the Bench", which interprets the law and is made up of many
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
s differing in levels of legal superiority and separated by jurisdiction. Some of the courts are
federal Federal or foederal (archaic) may refer to: Politics General *Federal monarchy, a federation of monarchies *Federation, or ''Federal state'' (federal system), a type of government characterized by both a central (federal) government and states or ...
in nature, while others are provincial or territorial. The
Constitution of Canada The Constitution of Canada (french: Constitution du Canada) is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada and non-citizens in Canada. Its contents a ...
gives the federal government the exclusive right to legislate criminal law, while the provinces have exclusive control over much of civil law. The provinces have jurisdiction over the
Administration of Justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. The phrase is also commonly used to ...
in their territory. Almost all cases, whether criminal or civil, are heard in provincially or territorially established courts. The quite small system of federal courts only hears cases concerned with matters which are under exclusive federal control, such as federal taxation, federal administrative agencies, intellectual property, some portions of competition law and certain aspects of national security. The federal courts also have jurisdiction over civil actions against the federal government, a jurisdiction shared with provincial and territorial courts. The federal government appoints and pays for both the judges of the federal courts and the judges of the superior appellate and trial level courts of each province. The provincial governments are responsible for appointing judges of the lower provincial courts. Although not judicial courts themselves, administrative tribunals also feed into the provincial/territorial and federal court hierarchies. This intricate interweaving of federal and provincial powers is typical of the Canadian constitution.


Outline of the court system

Generally speaking,
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
's court system is a four-level hierarchy, as shown below from highest to lowest in terms of legal authority. Each court is bound by the rulings of the courts above them, under the principle of . They are not bound by the rulings of other courts at the same level in the hierarchy.


A note on terminology

There are two terms used in describing the Canadian court structure which can be confusing, and clear definitions are useful at the outset.


Provincial courts

The first is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the Legislature of a province, under its constitutional authority over the Administration of Justice in the Province, set out in s. 92(14) of the ''Constitution Act, 1867''. This head of power gives the Provinces the power to regulate "... the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts". All courts created by a Province, from the small claims court or municipal by-law court, up to the provincial Court of Appeal, are "provincial courts" in this general sense. However, there is a more limited meaning to the term. In most provinces, the "Provincial Court" is the term used to refer to a specific court created by the Province which is the main criminal court, having jurisdiction over most criminal offences except for the most serious ones. The Provincial Court of a particular province may also have a limited civil jurisdiction, over small claims and some family law matters. The exact scope of the jurisdiction of a Provincial Court will depend on the laws enacted by the particular province. Provincial Courts in this sense are courts of limited statutory jurisdiction, sometimes referred to as "inferior courts". As courts of limited jurisdiction, their decisions are potentially subject to judicial review by the superior courts via the prerogative writs, but in most cases there are now well-established statutory rights of appeal instead. To distinguish between the two meanings of the term, capitalization is used. A reference to a "provincial court" normally is a reference to the broad meaning of the term, any court created by the Province. A reference to "Provincial Court" normally is referring to the specific court of limited statutory jurisdiction, created by the Province. The term "Provincial Court" is used in the name of each such court, except for those of Ontario (
Ontario Court of Justice The Ontario Court of Justice is the provincial court of record for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law, criminal law, and provincial offences. ...
) and Quebec (
Court of Quebec The Court of Quebec (french: Cour du Québec) is a court of first instance in the Province of Quebec, Canada. The court has jurisdiction over civil matters, criminal and penal matters as well as over youth matters The court sits in administrat ...
). The
Northwest Territories The Northwest Territories (abbreviated ''NT'' or ''NWT''; french: Territoires du Nord-Ouest, formerly ''North-Western Territory'' and ''North-West Territories'' and namely shortened as ''Northwest Territory'') is a federal territory of Canada. ...
and
Yukon Yukon (; ; formerly called Yukon Territory and also referred to as the Yukon) is the smallest and westernmost of Canada's three territories. It also is the second-least populated province or territory in Canada, with a population of 43,964 as ...
each possess an analogous Territorial Court, while the
Nunavut Court of Justice The Nunavut Court of Justice (NUCJ; , ''Nunavuumi Iqkaqtuijikkut''; Inuinnaqtun: ''Nunavunmi Maligaliuqtiit'', french: Cour de justice du Nunavut) is the superior court and territorial court of the Canadian territory of Nunavut. It is administe ...
is akin to a combined superior court and territorial court.


Superior courts

The second is the term "superior courts". This term also has two different meanings, one general and one specific. The general meaning is that a
superior court In common law systems, a superior court is a court of general jurisdiction over civil and criminal legal cases. A superior court is "superior" in relation to a court with limited jurisdiction (see small claims court), which is restricted to civil ...
is a court of inherent jurisdiction. Historically, they are the descendants of the royal superior courts in England. The decisions of a superior court are not subject to review unless a statute specifically provides for review or appeal. The term is not limited to trial courts. The provincial courts of appeal and the Federal Court of Appeal are also superior courts. The more limited sense is that "Superior Court" can be used to refer to the superior trial court of original jurisdiction in the Province. This terminology is used in the court systems of Ontario and Quebec. The difference between the two terms is also indicated by capitalization. The term "superior court" is used to mean the general sense of the term, while "Superior Court" is used to refer to specific courts in provinces which use that term to designate their superior trial courts. In Ontario and Quebec, this court is known as Superior Court (); in Alberta, Saskatchewan, Manitoba, and New Brunswick, as Court of King's Bench (); and in Newfoundland and Labrador, British Columbia, Nova Scotia, Prince Edward Island, Yukon, and the Northwest Territories as the Supreme Court (). The term "Supreme Court" can be confusing as it could suggest a final appellate court, like the Supreme Court of Canada; in fact, each province has a Court of Appeal superior to its superior court, except in Newfoundland and Labrador where appeals lie to the Appeals Division of the Supreme Court. In Nunavut, there is a single unified trial court, the
Nunavut Court of Justice The Nunavut Court of Justice (NUCJ; , ''Nunavuumi Iqkaqtuijikkut''; Inuinnaqtun: ''Nunavunmi Maligaliuqtiit'', french: Cour de justice du Nunavut) is the superior court and territorial court of the Canadian territory of Nunavut. It is administe ...
, unlike the situation in the provinces and other territories.


Supreme Court of Canada

The Supreme Court is established by the ''Supreme Court Act'' as the "General Court of Appeal for Canada". The Court currently consists of nine justices, which include the
Chief Justice of Canada The chief justice of Canada (french: juge en chef du Canada) is the presiding judge of the nine-member Supreme Court of Canada, the highest judicial body in Canada. As such, the chief justice is the highest-ranking judge of the Canadian court sy ...
and eight puisne justices. The court's duties include hearing appeals of decisions from the
appellate courts A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
(to be discussed next) and, on occasion, delivering
references Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a ''name'' ...
(''i.e.'', the court's opinion) on constitutional questions raised by the federal government. By law, three of the nine justices are appointed from Quebec because of Quebec's use of civil law; by convention, the other justices are divided among the other regions of Canada. The ''Constitution Act, 1867'' gives the federal Parliament the power to create a "General Court of Appeal for Canada". Following Confederation, the Conservative government of Sir John A. Macdonald proposed the creation of a Supreme Court and introduced two bills in successive sessions of Parliament to trigger public debate on the proposed court and its powers. Eventually, in 1875, the Liberal government of Alexander Mackenzie passed an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
that established the Supreme Court.''The Supreme and Exchequer Courts Act'', S.C. 1875, c. 11. The 1875 Act built upon the proposals introduced by the Macdonald government, and passed with all-party support. Initially, decisions of the Supreme Court could be appealed to the Judicial Committee of the British Privy Council. As well, litigants could appeal directly from the provincial courts of appeal directly to the Judicial Committee, by-passing the Supreme Court entirely. There was a provision in the 1875 Act which attempted to limit appeals to the Judicial Committee. That clause resulted in the Governor General reserving the bill for consideration by the Queen-in-Council. After much debate between Canadian and British officials, royal assent was granted on the understanding the clause did not in fact affect the royal prerogative to hear appeals, exercised through the Judicial Committee. The question of the power of Parliament to abolish appeals to the Judicial Committee eventually was tested in the courts. In 1926, the Judicial Committee ruled that the Canadian Parliament lacked the jurisdiction to extinguish appeals to the Judicial Committee, as the right of appeal was founded in the royal prerogative and could only be terminated by the Imperial Parliament. Following the enactment of the Statute of Westminster, in 1933 the federal Parliament passed legislation again abolishing the right of appeal in criminal matters. In 1935, the Judicial Committee upheld the constitutional validity of that amendment. In 1939, the federal government proposed a
reference Reference is a relationship between objects in which one object designates, or acts as a means by which to connect to or link to, another object. The first object in this relation is said to ''refer to'' the second object. It is called a ''name'' ...
to the Supreme Court of Canada, asking whether the federal Parliament could terminate all appeals to the Judicial Committee. By a 4–2 decision, the Supreme Court held that the proposal was within the powers of the federal Parliament and would be constitutional. The question was then appealed to the Judicial Committee, but the hearing of the appeal was delayed by the outbreak of World War II. In 1946, the Judicial Committee finally heard the appeal and upheld the decision of the majority of the Supreme Court, clearing the way for Parliament to enact legislation to end all appeals to the Judicial Committee, whether from the Supreme Court or from the provincial courts of appeal. In 1949, Parliament passed an amendment to the ''Supreme Court Act'' which abolished all appeals, making the Court truly the Supreme Court. However, cases which had been instituted in the lower courts prior to the amendment could still be appealed to the Judicial Committee. The last Canadian appeal to the Judicial Committee was not decided until 1960.


Courts of the provinces and territories


Provincial and territorial appellate courts

These courts of appeal exist at the provincial and territorial levels and were separately constituted in the early decades of the 20th century, replacing the former
full court A full court (less formally, full bench) is a court of law sitting with a greater than normal number of judges. For a court which is usually presided over by one judge, a full court has three or more judges; for a court which, like many appellate ...
s of the old Supreme Courts of the provinces, some of which were then renamed courts of King's Bench. Their function is to hear appeals from decisions rendered by the trial courts and to deliver references when requested by a provincial or territorial government as the Supreme Court does for the federal government. These appellate courts do not normally conduct trials or hear witnesses. *
Court of Appeal of Alberta The Court of Appeal of Alberta (frequently referred to as Alberta Court of Appeal or ABCA) is a Canadian appellate court. Jurisdiction and hierarchy within Canadian courts The court is the highest in Alberta, Canada. It hears appeals from the A ...
(ABCA) *
Court of Appeal of British Columbia The British Columbia Court of Appeal (BCCA) is the highest appellate court in the province of British Columbia, Canada. It was established in 1910 following the 1907 Court of Appeal Act. The BCCA hears appeals from the Supreme Court of British ...
(BCCA) *
Manitoba Court of Appeal The Manitoba Court of Appeal (french: Cour d'appel du Manitoba) is the court of appeal in, and the highest court of, the Canadian province of Manitoba. It hears criminal, civil, and family law cases, as well as appeals from various administrative ...
(MBCA) *
Court of Appeal of New Brunswick The Court of Appeal of New Brunswick (french: Cour d'appel du Nouveau-Brunswick) (frequently referred to as New Brunswick Court of Appeal or NBCA) is the appellate court in the province of New Brunswick. There are five Justices, one Chief Justice, ...
(NBCA) *
Court of Appeal of Newfoundland and Labrador The Court of Appeal of Newfoundland and Labrador is at the top of the hierarchy of courts for the Canadian province of Newfoundland and Labrador. The Court of Appeal derives its powers and jurisdiction from the Court of Appeal Act. The independe ...
(NLCA) *
Court of Appeal for the Northwest Territories The Court of Appeal for the Northwest Territories in Canada is the highest appellate court which hears appeals from criminal cases and civil cases of the Supreme Court of the Northwest Territories. The Court consists of a Chief Justice and justic ...
(NTCA) *
Nova Scotia Court of Appeal The Court of Appeal for Nova Scotia (Nova Scotia Court of Appeal or NSCA) is the highest appeal court in the province of Nova Scotia, Canada. There are currently 8 judicial seats including one assigned to the Chief Justice of Nova Scotia. At any g ...
(NSCA) *
Nunavut Court of Appeal The Nunavut Court of Appeal (NUCA; , Inuinnaqtun: ''Nunavunmi Apiqhuidjutainut Uuktuffaarutit'', french: Cour d'appel du Nunavut) is the highest appellate court in the Canadian territory of Nunavut. Its positions consist of ''ex officio'' justic ...
(NUCA) *
Court of Appeal for Ontario The Court of Appeal for Ontario (frequently referred to as the Ontario Court of Appeal or ONCA) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto, also the seat of the Law Societ ...
(ONCA) *
Prince Edward Island Court of Appeal The Court of Appeal of Prince Edward Island (also known as the Prince Edward Island Court of Appeal, and as PECA in legal abbreviation) is the appellate court for the Canadian province of Prince Edward Island, and thus the senior provincial court be ...
(PECA) *
Quebec Court of Appeal The Court of Appeal of Quebec (sometimes referred to as Quebec Court of Appeal or QCA) (in French: ''la Cour d'appel du Québec'') is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal. History The Court wa ...
(QCCA) *
Court of Appeal for Saskatchewan The Court of Appeal for Saskatchewan (SKCA) is a Canadian appellate court. Jurisdiction and structure The Saskatchewan Court of Appeal is the highest court in the province of Saskatchewan, Canada. There are 8 official judicial positions, incl ...
(SKCA) * Court of Appeal of Yukon (YKCA) Each of these appellate courts is the highest court of its respective province or territory. The chief justice of each province or territory's court of appeal is styled the province or territory's chief justice.


Provincial and territorial superior trial courts

The superior trial courts of the provinces and territories are the
courts of first instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
for divorce petitions, civil lawsuits involving claims greater than small claims, and criminal prosecutions for some
indictable offence In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing ...
s. They also hear appeals from the lower trial court and perform judicial review of decisions of administrative agencies such as labour relations boards, human rights tribunals and licensing authorities. As the primary courts responsible for the interpretation of civil (provincial) law, they play a significant role in the establishment and interpretation of legal precedent. The judges sitting on these courts, like those of the appellate courts, are appointed and paid by the federal government. *
Court of King's Bench of Alberta The Court of King's Bench of Alberta (abbreviated in citations as ABKB or Alta. K.B.) is the superior court of the Canadian province of Alberta. Until 2022, it was named Court of Queen's Bench of Alberta. The Court of Queen's Bench in Calgary wa ...
(ABKB or ABQB) *
Court of King's Bench of Manitoba The Court of King's Bench of Manitoba (french: Cour du Banc du Roi du Manitoba)—or the Court of Queen’s Bench of Manitoba, depending on the monarch—is the superior court of the Canadian province of Manitoba. The court is divided into tw ...
(MBKB or MBQB) *
Court of King's Bench for Saskatchewan The Court of King's Bench for Saskatchewan (Court of Queen's Bench for Saskatchewan during the reign of female monarchs) is the superior trial court for the Canadian province of Saskatchewan. Structure and organization The Court consists of 29 ...
(SKKB or SKQB) *
Court of King's Bench of New Brunswick The Court of King's Bench of New Brunswick (in French: ''Cour du Banc du Roi du Nouveau-Brunswick'') is the superior trial court of the Canadian province of New Brunswick. Structure The Court of King's Bench of New Brunswick consists of a ...
(NBKB or NBQB) *
Supreme Court of British Columbia Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-e ...
(BCSC) *
Supreme Court of Prince Edward Island The Supreme Court of Prince Edward Island (also called the Prince Edward Island Supreme Court, or PESC) is the superior court of the Canadian province of Prince Edward Island. The Court is composed of five judges, led by its Chief Justice, curre ...
(PESC) *
Supreme Court of Newfoundland and Labrador The Supreme Court of Newfoundland and Labrador is the superior court for the Canadian province of Newfoundland and Labrador. The Supreme Court has jurisdiction to hear appeals in both criminal and civil matters from the Provincial Court and design ...
(NLSC) *
Supreme Court of the Northwest Territories The Supreme Court of the Northwest Territories is the name of two different superior courts for the Canadian territory of the Northwest Territories, which have existed at different times. The first Supreme Court of the North-West Territories was c ...
(NTSC) *
Supreme Court of Nova Scotia The Nova Scotia Supreme Court is a superior court in the province of Nova Scotia. The Supreme Court consists of 25 judicial seats including the position of Chief Justice and Associate Chief Justice. At any given time there may be one or more addit ...
(NSSC) * Supreme Court of Yukon (YKSC) *
Nunavut Court of Justice The Nunavut Court of Justice (NUCJ; , ''Nunavuumi Iqkaqtuijikkut''; Inuinnaqtun: ''Nunavunmi Maligaliuqtiit'', french: Cour de justice du Nunavut) is the superior court and territorial court of the Canadian territory of Nunavut. It is administe ...
(NUCJ) * Court of OntarioSuperior Court of Justice (ONSC) *
Quebec Superior Court The Superior Court of Quebec (french: Cour supérieure du Québec) is a superior trial court in the Province of Quebec, in Canada. It consists of 157 judges who are appointed by the federal government. Appeals from this court are taken to the Qu ...
(QCCS) Many of these courts have specialized branches that deal only with certain matters such as family law or, in the case of Ontario, a Divisional Court which only appeals and judicial reviews of administrative tribunals and whose decisions have greater binding authority than those from the "regular" branch of the Ontario Superior Court of Justice. Although some of these courts are named the "Supreme Court", they are not the highest courts in their respective province or territory. Most provinces have special courts dealing with small claims (typically actions involving under $50,000). These are typically divisions of the superior courts in each province, however certain provinces also delegate this to lower courts. Parties often represent themselves, without lawyers, in these courts.


Provincial and territorial courts of limited jurisdiction

Each province and territory in Canada (other than Nunavut) also has an additional
trial In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
court, usually called a Provincial (or Territorial) Court, to hear certain types of cases. For historical reasons, these courts are sometimes referred to as "inferior courts", indicating their position in the judicial hierarchy as subject to the superior courts. The term is not a commentary on their professionalism or expertise. In Nunavut, the functions of superior and territorial court are combined in the
Nunavut Court of Justice The Nunavut Court of Justice (NUCJ; , ''Nunavuumi Iqkaqtuijikkut''; Inuinnaqtun: ''Nunavunmi Maligaliuqtiit'', french: Cour de justice du Nunavut) is the superior court and territorial court of the Canadian territory of Nunavut. It is administe ...
. *
Provincial Court of Alberta The Provincial Court of Alberta is the Provincial Court for the Canadian province of Alberta. The Court oversees matters relating to criminal law, family law, youth law, civil law and traffic law. The current Provincial Court is the first point o ...
(ABPC) *
Provincial Court of British Columbia The Provincial Court of British Columbia (BC Provincial Court) is a trial level court in British Columbia that hears cases in criminal, civil and family matters. The Provincial Court is a creation of statute, and as such its jurisdiction is lim ...
(BCPC) *
Provincial Court of Manitoba The Provincial Court of Manitoba (french: Cour provinciale du Manitoba) is the lower trial court of the Province of Manitoba. It has mainly a criminal jurisdiction, as well as limited concurrent jurisdiction with the Court of King's Bench in ma ...
(MBPC) *
Provincial Court of New Brunswick The Provincial Court of New Brunswick (french: Cour provinciale du Nouveau-Brunswick) is the lower trial court of the province of New Brunswick. It hears cases relating to criminal law and other statutes. The court system of New Brunswick also ha ...
(NBPC) *
Provincial Court of Newfoundland and Labrador The Provincial Court of Newfoundland and Labrador is the lower trial court of the Canadian province of Newfoundland and Labrador. It hears cases relating to criminal law and family law. Judges of the Provincial Court are appointed by the provinci ...
(NLPC) *
Territorial Court of the Northwest Territories The Territorial Court of the Northwest Territories is the lower trial court of the Northwest Territories, Canada. It hears cases relating to criminal law and family law. Judges of the Territorial Court of the Northwest Territories * The Honourab ...
(NTTC) *
Provincial Court of Nova Scotia The Provincial Court of Nova Scotia is the court of criminal jurisdiction for the Provinces and territories of Canada, Canadian province of Nova Scotia. There are twenty-three Judge, Justices and one Chief justice, Chief Justice on the bench, who si ...
(NSPC) *
Nunavut Court of Justice The Nunavut Court of Justice (NUCJ; , ''Nunavuumi Iqkaqtuijikkut''; Inuinnaqtun: ''Nunavunmi Maligaliuqtiit'', french: Cour de justice du Nunavut) is the superior court and territorial court of the Canadian territory of Nunavut. It is administe ...
(NUCJ) * Court of Ontario
Ontario Court of Justice The Ontario Court of Justice is the provincial court of record for the Canadian province of Ontario. The court sits at more than 200 locations across the province and oversees matters relating to family law, criminal law, and provincial offences. ...
(ONCJ) *
Provincial Court of Prince Edward Island The Provincial Court of Prince Edward Island is the provincial court of the Canadian province of Prince Edward Island, established according to the ''Provincial Court Act''. The Provincial Court has three judges, who sit in Summerside, Charlotteto ...
(PEPC) *
Court of Quebec The Court of Quebec (french: Cour du Québec) is a court of first instance in the Province of Quebec, Canada. The court has jurisdiction over civil matters, criminal and penal matters as well as over youth matters The court sits in administrat ...
(QCCQ) *
Provincial Court of Saskatchewan The Provincial Court of Saskatchewan is the provincial court of record for the province of Saskatchewan. It hears matters relating to criminal law, youth law, civil law, family law, traffic law and municipal bylaws. Jurisdiction The Provincia ...
(SKPC) * Territorial Court of Yukon (YKTC) Appeals from these courts are heard either by the superior trial court of the province or territory or by the provincial or territorial court of appeal. In criminal cases, this depends on the seriousness of the offence. Preliminary hearings are normally held in provincial courts prior to the case being transferred to superior court for trial. These courts are created by provincial statute and only have the jurisdiction granted by statute. Accordingly, inferior courts do not have
inherent jurisdiction Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other cou ...
. These courts are usually the successors of older local courts presided over by lay magistrates and
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
who did not necessarily have formal legal training. However, today all judges are legally trained, although justices of the peace may not be. Many inferior courts have specialized functions, such as hearing only criminal law matters, youth matters, family law matters, small claims matters, "quasi-criminal" offences (i.e., violations of provincial statutes), or bylaw infractions. In some jurisdictions these courts serve as an appeal division from the decisions of administrative tribunals. Quebec also has a system of municipal courts that hear cases such as municipal and traffic infractions. Municipal courts in large cities such as Montreal and Quebec City may also hear minor criminal cases.


Federal courts

In addition to the Supreme Court of Canada, there are three civil courts created by the federal Parliament under its legislative authority under section 101 of the ''Constitution Act, 1867'': the
Federal Court of Appeal The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...
, the Federal Court, and the
Tax Court of Canada The Tax Court of Canada (TCC; french: Cour canadienne de l'impôt), established in 1983 by the ''Tax Court of Canada Act'', is a federal superior court which deals with matters involving companies or individuals and tax issues with the Government ...
.


Federal Court of Appeal

The Federal Court of Appeal hears appeals from decisions rendered by the Federal Court, the Tax Court of Canada and a certain group of federal administrative tribunals like the
National Energy Board The National Energy Board was an independent economic regulatory agency created in 1959 by the Government of Canada to oversee "international and inter-provincial aspects of the oil, gas and electric utility industries". Its head office was located ...
and the
Canada Industrial Relations Board The main responsibility of the Canada Industrial Relations Board (CIRB) is to interpret and administer the Industrial Relations and Occupational Health and Safety sections of the Canada Labour Code. The CIRB also contributes to promote effect indu ...
. All judges of the Federal Court are judges of the Federal Court of Appeal, and vice versa, although it is rare that a judge of one court will sit as a member of the other. The Federal Court of Appeal is a travelling court. The judges of the Court sit in panels of three, and hear cases in English and in French in 18 cities, from
Vancouver Vancouver ( ) is a major city in western Canada, located in the Lower Mainland region of British Columbia. As the List of cities in British Columbia, most populous city in the province, the 2021 Canadian census recorded 662,248 people in the ...
to St. John's, including locations in northern Canada.


Federal Court

The Federal Court exists primarily to review administrative decisions by federal government bodies such as the
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
board and to hear lawsuits under the federal government's jurisdiction such as
intellectual property Intellectual property (IP) is a category of property that includes intangible creations of the human intellect. There are many types of intellectual property, and some countries recognize more than others. The best-known types are patents, cop ...
and
maritime law Admiralty law or maritime law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and private international law governing the relationships between priva ...
. It also has concurrent jurisdiction with the superior trial courts of the provinces to hear civil lawsuits brought against the federal government. The Federal Court also has jurisdiction to determine inter-jurisdictional legal actions between the federal government and a province, or between different provinces, provided the province in question has passed corresponding legislation granting the Federal Court jurisdiction over the dispute. The Federal Court have the power to review decisions, orders, and other administrative actions of most federal boards, commissions, and tribunals. That means most federal government administrative decisions can be challenged in the Federal Court. Also with the Federal Court, the system may refer back to questions of law, jurisdiction, or price to one of the federal courts at any stage of proceeding. In the aftermath of 9/11, Parliament enacted a number of laws to protect national security. The Federal Court has exclusive jurisdiction to determine many issues which arise under those laws relating to national security. Appeals lie from the Federal Court to the Federal Court of Appeal.


Tax Court of Canada

The Tax Court of Canada has a very specialized jurisdiction. It hears disputes over federal taxes, primarily under the federal ''Income Tax Act'', between taxpayers and the federal government. Also, for most people that live in Canada, it is the Tax Court's power to hear appeals under the ''Income Tax Act''. The Tax Court has the jurisdiction to hear appeals under various statutes. However, as a federal court, it lacks the power to deal with disputes relating to provincial income taxes and provincial sales taxes, and has no jurisdiction to grant any relief where a taxpayer wishes to sue the
Canada Revenue Agency The Canada Revenue Agency (CRA; ; ) is the revenue service of the Canadian federal government, and most provincial and territorial governments. The CRA collects taxes, administers tax law and policy, and delivers benefit programs and tax credit ...
for damages. Lastly, the Tax Court's powers are also limited by the statutes that impose the tax in dispute. The Tax Court is not empowered to make decisions on the basis that they will yield a fair result. Rather, the Tax Court can only make decisions based on its interpretation of the legislation.


History of the federal courts

The first federal court was the Exchequer Court of Canada, created in 1875 at the same time as the Supreme Court of Canada. The Exchequer Court was a trial court, with a limited jurisdiction over civil actions brought against the federal government, tax disputes under federal tax laws, admiralty matters, compensation for expropriation of private property by the federal Crown, negligence of federal public servants, and intellectual property, including patents and copyright. The name of the court came from the Exchequer Court of England, which had a similar jurisdiction over tax disputes. At first, there were no separate judges for the Exchequer Court. The judges of the Supreme Court of Canada were also appointed to the Exchequer Court. Individual judges of the Supreme Court would sit as a judge of the Exchequer Court, with an appeal lying to the Supreme Court. The Exchequer Court did not have any jurisdiction to review the actions of federal administrative agencies. That function was fulfilled by the provincial superior trial courts. In 1971, Parliament passed the ''Federal Court Act'' which abolished the Exchequer Court and created a new court, the Federal Court of Canada. That Court had two divisions: the Federal Court – Trial Division, and the Federal Court – Appeal Division. Although the two divisions had different functions, they were all part of a single court. In 2003, Parliament passed legislation which divided the Federal Court into two courts. The Federal Court – Trial Division became the Federal Court of Canada, while the Federal Court – Appeal Division became the Federal Court of Appeal. The jurisdiction of the two new courts is essentially the same as the corresponding former divisions of the Federal Court. Although the federal courts can be said to have the same prestige as the superior courts from the provinces and territories, they lack the "inherent jurisdiction" (to be explained later) possessed by superior courts such as the Ontario Superior Court of Justice.


Military courts

Military courts in Canada include the summary trial hearing, court martial (including general court martial and standing court martial), and the
Court Martial Appeal Court of Canada The Court Martial Appeal Court of Canada (CMAC) (french: Cour d'appel de la cour martiale du Canada) hears appeals from Courts-martial of Canada ("courts martial"). In Canada, courts martial are presided over by independent military judges from ...
. Summary trials are hearings used to dispense with minor service offences. The Presiding Officer will have little formal legal training and is generally the service member's
Commanding Officer The commanding officer (CO) or sometimes, if the incumbent is a general officer, commanding general (CG), is the officer in command of a military unit. The commanding officer has ultimate authority over the unit, and is usually given wide latitu ...
. In this respect, these hearings are similar to the former lay
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...
s' courts. The
courts martial A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
are conducted and presided over by military personnel and exist for the prosecution of military personnel, as well as civilian personnel who accompany military personnel, accused of violating the ''
Code of Service Discipline The Code of Service Discipline (CSD) is the basis of the Canadian Forces military justice system. The CSD is designed to assist military commanders in maintaining discipline, efficiency, and morale within the Canadian Forces (CF). It is found in Pa ...
'', which is found in the ''
National Defence Act The ''National Defence Act'' (NDA; ; ''LDN'') is an Act of the Parliament of Canada, which is the primary enabling legislation for organizing and funding the military of Canada. The Act created the Department of National Defence, which merged th ...
'' and constitutes a complete code of military law applicable to persons under military jurisdiction. The decisions of the courts martial can be appealed to the Court Martial Appeal Court of Canada which, in contrast, exists outside the military and is made up of civilian judges. This appellate court is the successor of the Court Martial Appeal Board which was created in 1950, presided over by civilian judges and lawyers, and was the first ever civilian-based adjudicating body with authority to review decisions by a military court. The Court Martial Appeal Court is made up of civilian judges from the Federal Court, Federal Court of Appeal, and the superior courts of the provinces.


Administrative tribunals

Known in Canada as simply "tribunals", these are quasi-judicial adjudicative bodies, which means that they adjudicate (hear evidence and render decisions) like courts, but are not necessarily presided over by judges. Instead, the adjudicators may be experts of the very specific legal field handled by the tribunal (e.g.,
labour law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee, ...
,
human rights Human rights are Morality, moral principles or Social norm, normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for ce ...
law,
immigration law Immigration law refers to the national statutes, regulations Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the ...
,
energy law Energy laws govern the use and taxation of energy, both renewable energy, renewable and non-renewable energy, non-renewable. These laws are the primary authority, primary authorities (such as caselaw, statutes, rules, regulations and edicts) re ...
,
workers' compensation Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her emp ...
law, liquor licensing law, etc.) who hear arguments and evidence provided by lawyers (also lay advocates in British Columbia or Licensed Paralegals in Ontario) before making a written decision on record. Depending on its enabling legislation, a tribunal's decisions may be reviewed by a court through an appeal or a process called
judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ...
. The reviewing court may be required to show some deference to the tribunal if the tribunal possesses some highly specialized expertise or knowledge that the court does not have. The degree of deference will also depend on such factors as the specific wording of the legislation creating the tribunal. Tribunals whose enabling legislation contains a
privative clause An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping th ...
are entitled to a high degree of deference, although a recent decision of the Supreme Court of Canada has arguably lowered that degree of deference. Tribunals which have the power to decide questions of law may take into consideration the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
'', which is part of Canada's constitution. The extent to which tribunals may use the Charter in their decisions is a source of ongoing legal debate. Appearing before some administrative tribunals may feel like appearing in court, but the tribunal's procedure is relatively less formal than that of a court, and more importantly, the rules of evidence are not as strictly observed, so that some evidence that would be inadmissible in a court hearing may be allowed in a tribunal hearing, if relevant to the proceeding. While relevant evidence is admissible, evidence which the adjudicator determines to have questionable reliability, or is otherwise questionable, is most likely to be afforded little or no weight. The presiding adjudicator is normally called "Mister/Madam Chair". As is the case in court, lawyers routinely appear in tribunals advocating matters for their clients. A person does not require a lawyer to appear before an administrative tribunal. Indeed, many of these tribunals are specifically designed to be more representative to unrepresented litigants than courts. Furthermore, some of these tribunals are part of a comprehensive dispute-resolution system, which may emphasize
mediation Mediation is a structured, interactive process where an impartial third party neutral assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are ...
rather than litigation. For example, provincial human rights commissions routinely use mediation to resolve many human rights complaints without the need for a hearing. What tribunals all have in common is that they are created by statute, their adjudicators are usually appointed by government, and they focus on very particular and specialized areas of law. Because some subject matters (e.g., immigration) fall within federal jurisdiction while others (e.g., liquor licensing and workers' compensation) in provincial jurisdiction, some tribunals are created by federal law while others are created by provincial law. There are both federal and provincial tribunals for some subject matters such as unionized labour and human rights. Most importantly, from a lawyer's perspective, is the fact that the principle of does not apply to tribunals. In other words, a tribunal adjudicator could legally make a decision that differs from a past decision, on the same subject and issues, delivered by the highest court in the land. Because a tribunal is not bound by legal precedent, established by itself or by a reviewing court, a tribunal is not a court even though it performs an important adjudicative function and contributes to the development of law like a court would do. Although ' does not apply to tribunals, their adjudicators will likely nonetheless find a prior court decision on a similar subject to be highly persuasive and will likely follow the courts in order to ensure consistency in the law and to prevent the embarrassment of having their decisions overturned by the courts. The same is true for past decisions of the tribunal. Among the federal tribunals, there is a small group of tribunals whose decisions must be appealed directly to the Federal Court of Appeal rather than to the Federal Court Trial Division. These so-called "super tribunals" are listed in subsection 28(1) of the ''Federal Courts Act'' and some examples include the National Energy Board, Canadian International Trade Tribunal, the Competition Tribunal, the Canada Industrial Relations Board (''i.e.'', federal labour board), the Copyright Board and the Canadian Radio-television and Telecommunications Commission (CRTC).


Judicial independence

In 1982, as part of the ''
Constitution Act, 1982 The ''Constitution Act, 1982'' (french: link=no, Loi constitutionnelle de 1982) is a part of the Constitution of Canada.Formally enacted as Schedule B of the ''Canada Act 1982'', enacted by the Parliament of the United Kingdom. Section 60 of t ...
'', Section 11(d) of the ''
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
'' came into effect, which provides that: In the '' Reference re Remuneration of Judges'', it was held that the right to judicial independence was thus extended to provincial court judges in the following core characteristics: :* security of tenure (ie, judges can only be removed for cause, after an inquiry in which he must be given a full opportunity to be heard) :* financial security (ie, the right to salary of a provincial court judge is established by law, and there is no way in which the Executive can interfere with that right in a manner to affect the independence of the individual judge) :* administrative independence (which is the control by the courts over the administrative decisions that bear directly and immediately on the exercise of the judicial function) In addition, there are two dimensions of judicial independence: :* the individual independence of a judge, and :* the institutional or collective independence of the court or tribunal of which that judge is a member The relationship between these two aspects of judicial independence is that an individual judge may enjoy the essential conditions of judicial independence but if the court or tribunal over which the judge presides is not independent of the other branches of government, in what is essential to its function, the judge cannot be said to be an independent tribunal. With respect to its applicability to protecting the financial security of judges' salaries, the following principles were stated: :* salaries of provincial courts may be varied, but only after undertaking an independent, effective, and objective process by an independent body; :* under no circumstances is it permissible for the judiciary — not only collectively through representative organizations, but also as individuals — to engage in negotiations over remuneration with the executive or representatives of the legislature; :* any reductions to judicial remuneration, including ''
de facto ''De facto'' ( ; , "in fact") describes practices that exist in reality, whether or not they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with ''de jure'' ("by la ...
'' reductions through the erosion of judicial salaries by inflation, cannot take those salaries below a basic minimum level of remuneration which is required for the office of a judge.


Inherent versus statutory jurisdiction


Courts of inherent jurisdiction

The superior courts from the provinces and territories are courts of
inherent jurisdiction Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other cou ...
, which means that the
jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...
of the superior courts is more than just what is conferred by statute. Following the principles of English common law, because the superior courts derive their authority from the Constitution, they can hear any matter unless there is a federal or provincial statute that says otherwise or that gives
exclusive jurisdiction Exclusive jurisdiction exists in civil procedure if one court has the power to adjudicate a case to the exclusion of all other courts. The opposite situation is concurrent jurisdiction (or non-exclusive jurisdiction) in which more than one cour ...
to some other court or tribunal. The doctrine of inherent jurisdiction gives superior courts greater freedom than statutory courts to be flexible and creative in the delivering of legal remedies and relief.


Statutory courts

The
Supreme Court of Canada The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
, the federal courts, the various appellate courts from the provinces and territories, and the numerous low-level provincial courts are statutory courts whose decision-making power is granted by either the federal parliament or a provincial legislature. The word "statutory" refers to the fact that these courts' powers are derived from a
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
and is defined and limited by the terms of the statute. A statutory court cannot try cases in areas of law that are not mentioned or suggested in the statute. In this sense, statutory courts are similar to non-judicial adjudicative bodies such as administrative tribunals, boards, and commissions, which are created and given limited power by legislation. The practical implication of this is that a statutory court cannot provide a type of legal remedy or relief that is not expressly or implicitly referred to in its enabling or empowering statute.


Appointment and regulation of judges

Judges in Canada are appointed and not elected. Judges of the Supreme Court of Canada, the federal courts, the appellate courts and the superior-level courts are appointed by the Governor-in-Council (by the Governor General on the advice of the Federal Cabinet). For example, judges of the Ontario Superior Court of Justice are chosen not by Ontario's provincial government but upon the recommendations of His Majesty's Canadian Government. Meanwhile, judicial appointments to judicial posts in the so-called "inferior" or "provincial" courts are made by the local provincial governments. As
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
is seen by Canadian law to be essential to a functioning democracy, the regulating of Canadian judges requires the involvement of the judges themselves. The
Canadian Judicial Council The Canadian Judicial Council (CJC; french: Conseil canadien de la magistrature) is the national council of the judiciary of Canada, overseeing the country's federal judges. The Council has 41 members, composed of chief justices and associate chi ...
, made up of the chief justices and associate chief justices of the federal courts and of each province and territory, receive complaints from the public concerning questionable behaviour from members of the bench. Salaries of superior courts are set by Parliament under section 100 of the ''Constitution Act, 1867''. Since the ''
Provincial Judges Reference The ''Reference re Remuneration of Judges of the Provincial Court (P.E.I.)'' 9973 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of prov ...
'', provincial courts' salaries are recommended by independent commissions, and a similar body called the
Judicial Compensation and Benefits Commission The Judicial Compensation and Benefits Commission is a Canadian commission that recommends judicial salaries for federally appointed judges. The commission was created in 1999 by the government of Prime Minister Jean Chrétien, under the Judges Act ...
was established in 1999 for federally appointed judges.


Tenure of judges and removal from the bench

Judges in positions that are under federal control (federally appointed positions) are eligible to serve on the bench until age 75. In some but not all Provincial and Territorial positions, appointed judges have tenure until age 70 instead. As for removal from the bench, judges have only rarely been removed from the bench in Canada. For federally appointed judges, it is the task of The Canadian Judicial Council to investigate complaints and allegations of misconduct on the part of federally appointed judges. The Council may recommend to the (federal) Minister of Justice that the judge be removed. To do so, the Minister must in turn get the approval of both the House of Commons and the Senate before a judge can be removed from office. (The rules for provincial/territorial judges are similar, but they can be removed by a provincial or territorial cabinet.)


Languages used in court

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
and French are both official languages of the federal government of Canada. Either official language may be used by any person or in any pleading or process in or issuing from any Court of Canada established by Parliament under the ''Constitution Act, 1867''. This constitutional guarantee applies to the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court, the Tax Court of Canada and the Court Martial Appeal Court. Parliament has expanded on that constitutional guarantee to ensure the federal courts are institutionally bilingual. The right to use either language in the provincial and territorial courts varies. The Constitution guarantees the right to use either French or English in the courts of Quebec, Manitoba, and New Brunswick. There is a statutory right to use either English or French in the courts of Ontario and Saskatchewan, and a limited right to use French in oral submissions in the courts of Alberta. As well, in all criminal trials under the ''
Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
'', a federal statute, every accused whose language is either English or French has the right to be tried in the language of their choice. As a result, every court of criminal jurisdiction in Canada, whether federal, provincial or territorial, must have the institutional capacity to provide trials in either language. Furthermore, under section 14 of the ''Canadian Charter of Rights and Freedoms'', a party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter. In the Northwest Territories and NunavutOfficial Languages Act =
S.Nu. 2008, c. 10
, s. 8
the official aboriginal languages may be used as well.


Court customs

Courtroom custom is largely based upon the British tradition, with a few modifications.


Symbols

Canadian courts derive their authority from the monarch. Consequently, the judicial system in Canada is formally known as "the King on the Bench". As a result, important symbols in a courtroom include the picture of the Canadian monarch and their heraldic
Arms Arms or ARMS may refer to: *Arm or arms, the upper limbs of the body Arm, Arms, or ARMS may also refer to: People * Ida A. T. Arms (1856–1931), American missionary-educator, temperance leader Coat of arms or weapons *Armaments or weapons **Fi ...
, although not all courtrooms display these symbols. Many courts display Canadian and provincial flags. In the British Columbia courts as well as in the
Supreme Court of Newfoundland and Labrador The Supreme Court of Newfoundland and Labrador is the superior court for the Canadian province of Newfoundland and Labrador. The Supreme Court has jurisdiction to hear appeals in both criminal and civil matters from the Provincial Court and design ...
, the
Royal coat of arms of the United Kingdom The royal coat of arms of the United Kingdom, or the royal arms for short, is the arms of dominion of the British monarch, currently King Charles III. These arms are used by the King in his official capacity as monarch of the United Kingdom. Varian ...
is displayed for reasons of tradition.


Dress

In superior courts, lawyers wear black robes and white neck tabs, like barristers in the United Kingdom, but they do not wear wigs. Business attire is appropriate when appearing before judges of superior courts sitting in chambers and before judges of provincial or territorial courts or
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
. Judges dress in barrister's robes similar to the lawyers'. Judges of some courts adorn their robes with coloured sashes. For example, Federal Court Judges' robes are adorned with a gold sash, and Tax Court of Canada Judges' robes with a purple sash.


Etiquette/Decorum

* Judges do not use
gavel A gavel is a small ceremonial mallet commonly made of hardwood, typically fashioned with a handle. It can be used to call for attention or to punctuate rulings and proclamations and is a symbol of the authority and right to act officially in the ...
s. Instead, a judge raises their voice (or stands up if necessary) to restore order in the courtroom. * In most jurisdictions, when entering or leaving a courtroom when there is a judge seated inside, one should bow, while standing inside the court but near the doorway, in the direction of the seated judge. Many lawyers also bow when crossing the
bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (u ...
. * Judges of superior courts in some provinces are traditionally addressed as "My
Lord Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or ar ...
" or "My Lady," but in other provinces are referred to as "Your Honour". Judges of inferior courts are always traditionally referred to in person as "Your Honour". The practice varies across jurisdictions, with some superior court judges preferring the titles "Mister Justice" or "Madam Justice" to "Lordship".Styles of address
/ref> Judges of the Supreme Court of Canada and of the federal-level courts prefer the use of "Mister/Madam (Chief) Justice". Justices of the Peace are addressed as "
Your Worship Worship is an honorific prefix for mayors, Justice of the Peace, justices of the peace and magistrates in present or former Commonwealth realms. In spoken address, these officials are addressed as Your Worship or referred to as His Worship, Her Wor ...
". The French-language style used in Quebec is in all levels of court, although some lawyers unofficially say or (your lordship). * Judges of inferior courts are referred to as "Judge urname while judges of superior and federal courts are referred to as "Mister/Madam Justice urname" except in Ontario, where all trial judges in referred to as "Mister/Madam Justice". * A lawyer advocating in court typically uses "I" when referring to him or herself. The word "we" is not used, even if the lawyer is referring to him/herself and his/her client as a group. * The judge in court refers to a lawyer as "counsel" (not "counsellor"), or simply "Mr./Ms. urname. In Quebec, the title "" is used. * In court, it is customary for opposing counsel to refer to one another as "my friend", or sometimes (usually in the case of
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel ( post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
) "my learned friend". * In any criminal law case, the prosecuting party is "
the Crown The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different ...
" while the criminally prosecuted person is called the "accused" (not the "defendant"). The prosecuting lawyer is called "
Crown Counsel Crown counsel are lawyers, generally in Common Law jurisdictions, who provide advice to the government and acts as prosecutors in cases. In various jurisdictions their title can vary and they could also be known as the Queen's Advocate, King's Advo ...
" (or, in Ontario, "
Crown attorney Crown attorneys or crown counsel (or, in Alberta and New Brunswick, crown prosecutors) are the prosecutors in the legal system of Canada. Crown attorneys represent the Crown and act as prosecutor in proceedings under the Criminal Code and vario ...
"). Crown counsel in criminal proceedings are customarily addressed and referred to as "Mr. Crown" or "Madam Crown." * The "versus" or "v." in the style of cause of Canadian court cases is often pronounced "and" (rather than "vee" or "versus" as in the U.S. or "against" in criminal proceedings in England,
Scotland Scotland (, ) is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the ...
, and
Australasia Australasia is a region that comprises Australia, New Zealand and some neighbouring islands in the Pacific Ocean. The term is used in a number of different contexts, including geopolitically, physiogeographically, philologically, and ecologica ...
). For example, ''
Roncarelli v Duplessis ''Roncarelli v. Duplessis'', 959S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by o ...
'' would be pronounced "Roncarelli and Duplessis".


Procedure

* The judicial function of the Royal Prerogative is performed in trust and in the King's name by officers of His Majesty's court, who enjoy the privilege granted conditionally by the sovereign to be free from criminal and civil liability for unsworn statements made within the court. This dispensation extends from the notion in common law that the sovereign "can do no wrong". * There are no so-called "sidebars" where lawyers from both sides approach the bench in order to have a quiet and discreet conversation with the judge while court is in session. * Trial judges typically take a passive role during trial; however, during their charge to the
jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty o ...
, judges may comment upon the value of certain testimony or suggest the appropriate amount of damages in a civil case, although they are required to tell the jury that it is to make its own decision and is not bound to agree with the judge. * Jury trials are less frequent than in the United States and usually reserved for serious criminal cases. A person accused of a crime punishable by imprisonment for five years or more has the constitutional right to a jury trial. Only
British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
and
Ontario Ontario ( ; ) is one of the thirteen provinces and territories of Canada.Ontario is located in the geographic eastern half of Canada, but it has historically and politically been considered to be part of Central Canada. Located in Central Ca ...
regularly use juries in civil trials. * Evidence and documents are not passed directly to the judge, but instead passed to the judge through the court clerk. The clerk, referred to as "Mister/Madam Clerk" or "Mister/Madam Registrar", also wears a robe and sits in front of the judge and faces the lawyers. * In some jurisdictions, the client sits with the general public, behind counsel's table, rather than beside his or her lawyer at counsel's table. The accused in a criminal trial sits in the prisoners box often located on the side wall opposite the jury, or in the middle of the courtroom. However it is becoming increasingly common for accused persons to sit at counsel table with their lawyers or in the body of the courtroom, particularly when the accused is not in custody. * In four provinces (British Columbia, Alberta, Manitoba and Ontario), the superior-level courts employ judicial officers known as
Master Master or masters may refer to: Ranks or titles * Ascended master, a term used in the Theosophical religious tradition to refer to spiritually enlightened beings who in past incarnations were ordinary humans *Grandmaster (chess), National Master ...
s who deal only with
interlocutory Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and conclusion of a cause of action, used to provide a temporary or provisional decision on an is ...
motions (or interlocutory applications) in civil cases. With such Masters dealing with the relatively short interlocutory motion/application hearings, trial judges can devote more time on more lengthy hearings such as trials. In the Federal Court, a Prothonotary holds a similar positions to that of a Master.


See also

* Canadian legal system


References


Further reading

*Leishman, Rory, ''Against Judicial Activism: The Decline of Freedom and Democracy in Canada'', McGill-Queen's University Press, 2006, * *


External links

* a searchable database containing nearly all new and many older decisions emanating from all Canadian courts and most Canadian tribunals are available at the
CanLII The Canadian Legal Information Institute (CanLII; french: Institut canadien d'information juridique) is a non-profit organization created and funded by the Federation of Law Societies of Canada in 2001 on behalf of its 14 member societies. CanLII ...
br>website
and the decisions of individual courts are provided through that court's website (see partial list below)
Supreme Court of CanadaFederal Court and Federal Court of Appeal Courts of the Northwest TerritoriesCourts of British ColumbiaCourts of AlbertaCourts of ManitobaCourts of SaskatchewanCourts of OntarioCourts of QuebecCourts of New BrunswickCourts of Nova ScotiaSupreme Court of Prince Edward IslandCourt Martial Appeal Court of CanadaCanadian Judicial Council
{{DEFAULTSORT:Court System Of Canada