Topic 4

Question 1

 Judicial system: … … …

 Court system: … … (…) …
Functions:
- …
-…
- …
- …
- establishing …
- enforcing …

 Formalized courts date back to the Ancient period (i.e., Roman court system)
judicial is our court system

Answer 1

 Court system: the structure of formal legal tribunals (judicial bodies) in a society
Functions:
- dispute resolution
- administering justice
- answering legal questions
- interpreting law
- establishing case law
- enforcing contracts

 Judicial system: a wider term encompassing a court system and the judicial branch of government
 Formalized courts date back to the Ancient period (i.e., Roman court system)

Question 2

Canada’s Court System
 Consist of a … and a duality of … law and … law (Quebec)
 A federal court system with jurisdictions established by the …

 Includes … courts and … courts

civil law has 2 meaning:
- codified law, don’t practice …
- role of justices
- Quebec has its own law
- LAW that does … (… law)

 … is a cornerstone of Canada’s court system
-Established via
i) …,
ii) …
iii) …

Security of Tenure: until afe 75

Answer 2

Canada’s Court System
 Consist of a hierarchical structure and a duality of common law and civil law (Quebec)
 A federal court system with jurisdictions established by the British North America Act, 1867

 Includes criminal courts and civil courts

civil law has 2 meaning:
- codified law, don’t practice case law
- role of justices
- Quebec has its own law
- LAW that does not include government (private law)

 Judicial independence is a cornerstone of Canada’s court system
-Established via i) security of tenure,
ii) financial security, and
iii) administrative independence

Question 3

The Structure of Canada’s Court System

Question 4

Administrative (Law) Boards & Tribunals
….

Created by …. (…)
-Regulated by …

Adjudication, rule-making and standard setting roles
- L…
- H…
- N…
- W…

Answer 4

Administrative (Law) Boards & Tribunals
Regulation & dispute resolution outside of the court process

Created by provincial and federal legislation (delegated authority)
-Regulated by statute

Adjudication, rule-making and standard setting roles
- Labor Relations Board
- Human Rights Tribunal
- National Parole Board
- Worker’s Compensation Review Board, etc

Question 5

Military Courts
* Deal with violations of the …
* Consists of
i) … …, and
ii) …

Have …
Military judges …

ONLY LOWER COURTS OF THE PROVINCES ARE APPOINTED BY THE PROVINCE. ALL OTHER JUSTICES ARE APPOINTED BY THE FEDERAL GOVERNMENT

R v. Gènèreux (1992) 1 SCR 259
- …
- …

Answer 5

Military Courts
* Deal with violations of the Code of Service Discipline
* Consists of
i) various types of military courts, and
ii) Court Martial Appeal Court

Have the same rights, powers and privileges as superior courts
Military judges appointed by the Minister of National Defence

R v. Gènèreux (1992) 1 SCR 259
- ESTABLISHED THE CONSTITUTIONALITY OF MILITARY COURTS
- BROUGHT MILITARY COURTS IN THE CONSTITUTIONAL FOLD

Question 6

Provincial & Territorial Courts - Who appoints and why?

Provincial court: the … into Canada’s court system
With the exception of … in Quebec, Canadian provinces and territories practice …
Judges are appointed by …

4 divisions:
i) … division
ii) … division
iii) … division - … and …
iv) … division..

section 533 - …

SMALLL CLAIMS:
quebec is 15000
BC is 35000
Alberta is 100,000

Answer 6

Provincial & Territorial Courts - Lower down, so by the province

Provincial court: the primary entry into Canada’s court system
With the exception of civil law in Quebec, Canadian provinces and territories practice common law
Judges are appointed by provincial governments

4 divisions:
i) youth division
ii) family division
iii) civil claims division - minor and summary
iv) criminal division

section 533 - fraud and mischief, trafficking of some degree

Question 7

The SUPERIOR courts of the provinces: the … provinces and territories

Judges appointed by the …

2 divisions:
i) … division:
- …
- …
- … from …

ii) … division:
- … from the …
2 ground?

Question of Law. Or Fact
People choose juries over judges.

Answer 7

The superior courts of the provinces: the highest level of courts in the provinces and territories

Judges appointed by the federal government

2 divisions:
i) Trial division:
- indictable offenses
- larger claims
- criminal appeals from lower courts(from lower provincial)

ii) Appeal division:
- appeals from the trial division
QUESTION OF LAW AND FACT

Panels of Judges

Question 8

The Federal Court of Canada
2 divisions:

I. Trial division:
- responds …
- …- … disputes
- … disputes
- …/…
- … law
- maritime law and class proceedings

II. Appeal division: hears appeals from the
- … of the …
- … and …

CLASS ACTION - ….
-McLean v. Canada (Attorney General) (2018) FC 642
……
-Merlo v. Canada (2017) FC 51
…..

The Tax Court of Canada: hears … from … assessments by individuals and companies

Answer 8

The Federal Court of Canada
2 divisions:
I. Trial division:
- responds to civil disputes arising from federal government actions
- federal- provincial disputes
- intellectual property disputes
- citizenship/immigration
- refugee law
- maritime law and class proceedings

II. Appeal division: hears appeals from the
- trial division of the federal court
- federal administrative boards and tribunals

CLASS ACTION - One sueing on behalf of others
-McLean v. Canada (Attorney General) (2018) FC 642
Allegations of mistreatment of residential school attendees. Offer 10,000 each and much much more for others who had sexual or physical.
-Merlo v. Canada (2017) FC 51
Allegations that the government let sexual and racist conduct occur in the RCMP. 2300 complainers. 125 million dollars awarded

The Tax Court of Canada: hears appeals from tax assessments by individuals and companies

Question 9

The Supreme Court of Canada - … total justices
* The Supreme Court of Canada: Canada’s …
* Appointments made on recommendation by …

Consists of … justices and … chief justice
-3 must be from Quebec, 3 come from Ontario, 2 from Western provinces and 1 from Atlantic provinces

SUPREME COURT
- Hears … … cases from …
- Address … -…
- Offer … to …
- Hear … and …
- Bound by …
-Can also … …

R. v. Morgentaler (1998) 1 SCR 30 - …
Vriend v. Alberta (1998) 1 SCR 493- …

• Dunmore v. Ontario (Attorney General) (2001)

Answer 9

The Supreme Court of Canada - 9 total justices
* The Supreme Court of Canada: Canada’s final court of appeal
* Appointments made on recommendation by the Prime Minister

Consists 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

SUPREME COURT
- Hears appeals in relation to criminal cases from provincial court of appeals and the Federal Court of Appeal
- Address constitutional matters -Judicial review
- Offer legal opinions to government
- Hear both common law and civil law cases
- Bound by legislation
-Can also interpret legislation in terms of the Constitution of Canada

R. v. Morgentaler (1998) 1 SCR 30 - Abortion
Vriend v. Alberta (1998) 1 SCR 493- legal rights based on sexual orientation

• Dunmore v. Ontario (Attorney General) (2001)

Question 10

Other Characteristics of Canada’s Court System
* …
* …
* …
* …

… - over … months in provincial. Federal: … months
-R. v. Jordan (2016)
….

Answer 10

Other Characteristics of Canada’s Court System
* An adversarial system
* High level of formality
* Open access
* Jury of peers

Reasonable timeliness - over 18 months in provincial. Federal: 30 months
-R. v. Jordan (2016)
urged to hurry up his process.
His conviciton was thrown out after 4 years

Question 11

National Parole Board

R v Jordan

the Human Rights Tribunal

Mclean vs Canada

R. v. Gladue (1999) 1 SCR 668

Vriend V. Alberta

Merlo V Canada

section 533

R v. Gènèreux

Labor Relations Board

British North America Act

Stare Decisis

GORRIS VS SCOT

Criminal Code section 718.2(e)

Worker’s Compensation Review Board

Civil Law 2 things

Answer 11

• Criminal Code section 718.2(e) - adopts principles of restorative justice, It requires judges to consider all reasonable alternatives to prison for every offender, with special attention to Indigenous offenders.
• R. v. Gladue (1999) 1 SCR 668 - first case to offer a test to 718.2, young indigenous woman, history of substance abuse. Kill her partner, off of reserve land. ONLY APPLIED TO ON RESERVE

Labor Relations Board, the Human Rights
Tribunal, the National Parole Board, the Worker’s Compensation Review Board, Admisnistrive tribunals

Established Canada’s court system

to stand by things, Case and common law, precedents

3 rules of statutoury interpretation - MISCHIEF RULE

Codified (dont practice common law) - PRIVATE law outside of government

Question 12

The power of courts to decide whether a law or government action is constitutional.
Example: A court reviews a new law that limits freedom of speech and declares it unconstitutional, so the law can no longer be enforced.

A precedent is a past judicial decision that serves as an authoritative guide for judges when deciding later cases with similar facts or legal issues.
Example: After a supreme court rules that police must inform suspects of their rights when arrested, lower courts follow that earlier decision in all similar future cases.