Assigned Judge Clerk of Court C P G S and Family Court

How the Courts are Organized

Each blazon of court has its own jurisdiction, which means that it has the authority to decide specific types of cases. Canada has 4 levels of court.

1. Provincial and territorial (lower) courts: These courts handle most cases that come into the arrangement. They are established by provincial and territorial governments.
2. Provincial and territorial superior courts: These are courts of plenary, or complete, jurisdiction established under department 96 of the Constitution Act, 1867. They deal with more than serious crimes and also hear appeals from provincial and territorial courts. The Federal Courtroom is on the same level, but is responsible for deciding ceremonious matters assigned to it past statute, such every bit immigration and patents.
3. Provincial and territorial courts of appeal and the Federal Court of Appeal.
4. The Supreme Court of Canada, which is the last courtroom of appeal for Canada.

Outline of Canada's Court System

Outline of Canada'southward Court Organisation – Text version

This nautical chart provides an overview of the hierarchy of Canada'due south Court System. It is bundled every bit follows:

Courts

• Supreme Court of Canada
  • Courtroom Martial Entreatment Courtroom
    • Military machine Courts
  • Provincial/Territorial Courts of Appeals
    • Provincial/Territorial Superior Courts
      • Provincial/Territorial Courts
  • Federal Court of Appeal
    • Federal Court
    • Tax Courtroom of Canada

Administrative Boards and Tribunals

• Provincial/Territorial Administrative Tribunals
• Federal Administrative Tribunals

Provincial/territorial courts

Each province and territory has a provincial/territorial courtroom and hears cases involving either federal or provincial/territorial laws.

In Nunavut, the Nunavut Court of Justice, which is Canada'due south only single-level trial court, combines the power of the superior trial courtroom and the territorial court and then that the same estimate can hear all cases that ascend in the territory.

Provincial/territorial courts deal with:

• most criminal offences, except the most serious ones;
• family police force matters (e.g., child support, kid protection, adoption, but not divorce);
• immature persons from 12 to 17 years old in conflict with the law;
• traffic and bylaw violations;
• provincial/territorial regulatory offences;
• claims involving money, up to a certain amount (set by the province or territory in question);
• small claims (civil cases that resolve private disputes involving limited sums of money); and
• all preliminary inquiries (hearings to determine whether in that location is enough show to justify a full trial in serious criminal cases).

Some courts at this level are defended to particular types of offences or groups of offenders. One case is the Drug Treatment Court. The objective of these courts is to address the needs of non-tearing offenders who are charged with criminal offences that were motivated by their addiction. Those who qualify are offered judicial supervision and treatment for their habit, with the help of community support services. Some provinces and territories have also established Domestic Violence Courts, with the objective of improving justice system responses to domestic violence, providing better support to victims and survivors, and holding offenders accountable.

Youth courts handle cases for young people 12 to 17 years sometime who are charged with an offence nether federal youth justice laws. Youth courts provide protections appropriate to the age of the accused, including protecting his or her privacy. Any court at either the provincial/territorial or superior court level can be designated a youth court.

Provincial/territorial superior courts

Each province and territory has superior courts, which are courts of "inherent jurisdiction." This means that they can hear cases in any surface area except when a statute or rule limits that authority. The superior courts try the nearly serious criminal and civil cases. These include divorce cases and cases that involve big amounts of money (the minimum is set by the province or territory in question). The jurisdiction of superior courts originally came from the first courts in England, whose potency over government actions was based on Magna Carta. Proceedings in superior courts are thus a continuation of a court process that dates correct dorsum to the beginnings of the common law arrangement.

The superior courts besides deed every bit a court of first appeal for the provincial and territorial courts that the provinces and territories maintain. Although the provinces and territories administer superior courts, the federal government appoints and pays the judges.

Although there are permanent court houses and judicial centres in all of Canada'due south provinces and territories, Canada'due south population is scattered widely across huge expanses of land, and it may exist difficult for individuals to travel to a court house to have their affair heard. In response, courts often travel "on excursion" to pocket-sized or isolated areas.

For example, in Nunavut, well-nigh of the communities are pocket-size and isolated from Iqaluit, the uppercase, so the courtroom travels to them. The circuit court includes a gauge, a clerk, a courtroom reporter, a prosecutor, and at least ane defense force chaser. Interpreters are hired in the communities when possible, or travel with the circuit court when necessary. The courtroom holds regular sessions in Iqaluit and flies to about 85 percent of all 25 communities in Nunavut, as often every bit every half-dozen weeks or as seldom as every two years, depending on how often it's needed.

Family courts

In virtually provinces and territories, the superior court has special divisions, such as the family division. Some superior courts accept established specialized family courts to deal with specific family unit police matters, including divorce and property claims.

Several provinces (Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Isle and Saskatchewan) use unified family courts. This allows a single court to deal with all aspects of family law, using specialized superior court judges and services. These courts encourage constructive, non-adversarial techniques to resolve problems, and provide access to support services through community organizations. These services typically include such programs as parent-education sessions, mediation, and counselling.

Provincial/territorial courts of appeal

Each province and territory besides has a court of entreatment. These courts hear appeals from the decisions of the superior courts and the provincial/territorial courts. These tin include commercial disputes, property disputes, negligence claims, family disputes, bankruptcies, and corporate reorganizations. Appeals are usually heard by a panel of iii judges. The courts of entreatment too hear constitutional questions that may be raised in appeals involving individuals, governments, or governmental agencies.

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Source: https://justice.gc.ca/eng/csj-sjc/ccs-ajc/02.html