The Law of Canada: Case Law

There are basiclly four levels of courts in Canada. First, there are provincial/territorial courts that handle the great majority of cases arising under provincial/territorial and federal law, including most criminal offenses, family law matters ( except divorce), juvenile cases, traffic violations, provincial/territorial regulatory infractions, and civil claims involving money up to a certain amount (set by each jurisdiction). These courts also conduct pre-trial hearings in more serious criminal matters, such as murder and piracy, destined for determination by a superior court. The names and divisions of these courts varies by jurisdiction.

Each province and territory has two levels of superior courts, one for trials and the other for appeals. Superior courts handle serious criminal offenses, divorces, civil cases involving large amounts of money, Charter challenges, and review the decisions of administrative tribunals and lower courts.The Superior Courts are courts of general jurisdiction, meaning they hear cases in any area of federal or provincial/territorial law except those expressly conferred on other courts. The superior trial court has various names depending on the jurisdiction: it is the Superior Court in Québec, Superior Court of Justice in Ontario, Court of Queen's Bench in most of the western provinces and New Brunswick, and elsewhere the Supreme Court. The appellate superior courts, known variously as the Court of Apeal or Appeal Division, hear appeals from the trial level superior courts, and are the highest courts within the provinces/territories. Provinces/territories provide courthouses and other facilities and support staff for the trial and appeal divisions of the superior courts, buth the federal goverrnment appoints and pays the superior couort judges.

The Federal Court (known until 1971 as the Exchequer Court) and Federal Court of Appeals are essentially superior courts with civil jurisdiction expressly conferred by federal statute. The courts' jurisdiction includes interprovincial and federal/provincial disputes, intellectual property proceedings, citizenship appeals, Competition  Act cases, and cases involving Crown corporations or departments of the Government of Canada. These courts also have jurisdiction to review administrative actions of federal boards, commissions, and tribunals.

For certain matters, such as maraitime law, cases may be brought either before the Federal Court, Federal Court of Appeal, or before provincial/territorial superior courts.

The federal government has created several specialized federal courts, notably the Tax Court of Canada and courts serving the Military Justice System. These courts have been created by statute and can only decide matters within jurisdiction conferred on them by statute.

The Supreme Court of Canada is the final court of appeal from all other courts. The Supreme Court has jurisdiction over disputes in all areas of law, including constitutional law. The court cinsists of a Chief Justice and eight other judges appointed by the federal government. The Supreme  Court Act requiress that at leaast three judges  come from Qubec. Traditionally, three also come from Ontario, two from western Canada, and one from the Atlantic Provinces. All other avenues of appeal must have been used befoe a case can reach the Supreme Court of Canada, and even then only if granted leave by the Court. However, the right of appeal is automatic in some instances, e.g., in criminal cases where a court of appeals judge has dissented on  how the law should be interpreted, and where a court of appeal has found someone guilty who was acquitted at the original trial.

The Supreme Court can also render advisory opinions when requested by the federal government; it may be asked to consider questions on any important matter of law or fact, epecially concerning interpretation of the Constitution, questions of interpretation of federal or provincial/territorial legislation or the powers of Parliament or legislatures. (Provincial/territorial courts have a similar power to hear refrences from their respective governments.)

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