Canada’s Legal System - Revision history

Drew Jackson: /* Provincial Court of British Columbia */

2023-03-13T23:20:56Z

Provincial Court of British Columbia

← Older revision		Revision as of 23:20, 13 March 2023
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	{{PLSStorybox		{{PLSStorybox
	\| image = [[File:ranjit.png\|link=]]		\| image = [[File:ranjit.png\|link=]]
	\| text = “Last year, I loaned $10,000 to a friend to help him buy a used car. He agreed to pay me $150 per month, plus interest, until the loan was paid back. We even wrote this down. It’s been over a year and he hasn’t made any payments. He doesn’t answer my texts or calls. I’m starting a small claims case against him in Provincial Court for the money he owes me.” <br>- Ranjit, Prince George, BC		\| text = “Last year, I loaned $10,000 to a friend to help him buy a used car. He agreed to pay me $150 per month, plus interest, until the loan was paid back. We even wrote this down. It’s been over a year and he hasn’t made any payments. He doesn’t answer my texts or calls. I’m starting a small claims case against him in Provincial Court for the money he owes me.” <br>– Ranjit, Prince George, BC
	}}		}}

Drew Jackson: /* Two kinds of law: Criminal law and civil law */

2023-03-13T23:18:32Z

Two kinds of law: Criminal law and civil law

← Older revision		Revision as of 23:18, 13 March 2023
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	Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.		Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.

	'''Criminal law''' deals with crimes, like assault or theft. The ''Criminal Code'' is the main law setting out what amounts to a crime and how it should be dealt with. This law is the same all across Canada. The purpose of criminal law is to make sure people stay safe and secure. If someone is charged and found guilty of a crime, they face legal consequences ranging from a discharge to a fine to time in jail.		'''Criminal law''' deals with crimes, like assault or theft. The [https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html ''Criminal Code''] is the main law setting out what amounts to a crime and how it should be dealt with. This law is the same all across Canada. The purpose of criminal law is to make sure people stay safe and secure. If someone is charged and found guilty of a crime, they face legal consequences ranging from a discharge to a fine to time in jail.

	'''Civil law''' deals with all other legal issues, like having a contract with someone or buying property. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other.		'''Civil law''' deals with all other legal issues, like having a contract with someone or buying property. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other.

Drew Jackson at 20:40, 13 March 2023

2023-03-13T20:40:35Z

Elena Renderos at 03:31, 8 March 2023

2023-03-08T03:31:16Z

← Older revision		Revision as of 03:31, 8 March 2023
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	===The courts are separate from government===		===The courts are separate from government===
	In Canada, the courts are separate from the government. This arrangement is often called "a separation of powers."		In Canada, the courts are separate from the government. This arrangement is often called "a separation of powers."

	The courts decide how the laws that are made by the government apply to individuals in everyday situations. A key purpose of the courts is to protect the rights and freedoms of everyone in Canada.		The courts decide how the laws that are made by the government apply to individuals in everyday situations. A key purpose of the courts is to protect the rights and freedoms of everyone in Canada.

	When judges make a ~~<span class="noglossary">~~decision~~</span>~~ in court, they apply the law made by our elected representatives. They are also guided by what other judges have decided in previous similar cases.		When judges make a decision in court, they apply the law made by our elected representatives. They are also guided by what other judges have decided in previous similar cases.

	===Judges are independent===		===Judges are independent===
	In Canada, judges are free to make decisions without interference or influence from any source, including government.		In Canada, judges are free to make decisions without interference or influence from any source, including government.

	It is our constitutional right to have our legal issues decided by a fair, independent ~~<span class="noglossary">~~decision~~</span>~~-maker. Judges have a responsibility to listen to both sides of a case and then to make fair decisions based on the law, the facts, and the ~~<span class="noglossary">~~evidence~~</span>~~ before them.		It is our constitutional right to have our legal issues decided by a fair, independent decision-maker. Judges have a responsibility to listen to both sides of a case and then to make fair decisions based on the law, the facts, and the evidence before them.

	If a ~~<span class="noglossary">~~judge~~</span>~~ felt pressure from the government — or anyone else — to decide a case in a particular way, the result would be unfair. The rights of individual citizens would not be protected.		If a judge felt pressure from the government — or anyone else — to decide a case in a particular way, the result would be unfair. The rights of individual citizens would not be protected.

	==Courts in British Columbia==		==Courts in British Columbia==
	~~[[File:Provincial Court of BC.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via <span class="noglossary">Provincial Court</span> of British Columbia</span>]]~~
	In BC there are three levels of court:		In BC there are three levels of court:
	*<span class="noglossary">Provincial Court</span>		*<span class="noglossary">Provincial Court</span>
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	===<span class="noglossary">Provincial Court</span> of British Columbia===		===<span class="noglossary">Provincial Court</span> of British Columbia===
			The Provincial Court is the first level of court. It deals with:
			* most cases about criminal law matters
			* most types of family cases, including those involving child protection
			* civil cases dealing with claims between $5,000 and $35,000 (smaller claims of up to $5,000 are brought to an online '''tribunal''', which is like a court but less formal)
			* cases that involve traffic offences

	~~The~~ [~~https~~:~~//www~~.~~provincialcourt.bc.ca/ Provincial Court~~] ~~is the first level of court. It deals with:~~		{{PLSStorybox
	* most cases about criminal law matters		\| image = [[File:ranjit.png\|link=]]
	* most types of family cases, ~~including those involving child protection~~		\| text = “Last year, I loaned $10,000 to a friend to help him buy a used car. He agreed to pay me $150 per month, plus interest, until the loan was paid back. We even wrote this down. It’s been over a year and he hasn’t made any payments. He doesn’t answer my texts or calls. I’m starting a small claims case against him in Provincial Court for the money he owes me.” <br>- Ranjit, Prince George, BC
	* civil cases dealing with between $5,000 ~~and~~ $35,~~000 (smaller~~ claims ~~of up to $5~~,~~000 are brought to [https://civilresolutionbc.ca/ an online tribunal]~~, ~~which is like a court but less formal)~~		}}
	* cases that involve traffic offences

	===BC <span class="noglossary">Supreme Court</span> ===		===BC <span class="noglossary">Supreme Court</span> ===

	The ~~[https://www.bccourts.ca/supreme_court/~~ BC Supreme Court] has the power to decide most legal cases. It hears:		The BC Supreme Court has the power to decide most legal cases. It hears:
	* serious criminal cases (like murder)		* serious criminal cases (like murder)
	* civil cases involving amounts over $35,000		* civil cases involving amounts over $35,000
	* family cases of all types, including those dealing with ~~<span class="noglossary">~~divorce~~</span>~~ or dividing ~~<span class="noglossary">~~property~~</span>~~ owned by the family		* family cases of all types, including those dealing with divorce or dividing property owned by the family
	* appeals of cases from the ~~<span class="noglossary">~~Provincial Court~~</span>~~		* appeals of cases from the Provincial Court

	===<span class="noglossary">Court of Appeal</span> for British Columbia===		===<span class="noglossary">Court of Appeal</span> for British Columbia===
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	==Federal Courts==		==Federal Courts==

	The ~~[https://www.fct-cf.gc.ca/en/home~~ federal court system] is separate from the provincial court system. The Federal Court of Canada deals with some types of cases that involve the rights of all Canadians, like immigration, citizenship, and income taxes.		The federal court system is separate from the provincial court system. The Federal Court of Canada deals with some types of cases that involve the rights of all Canadians, like immigration, citizenship, and income taxes.

	An ~~<span class="noglossary">~~appeal~~</span>~~ from the Federal Court goes to the Federal ~~<span class="noglossary">~~Court of Appeal~~</span>, then to the <span class="noglossary">Supreme Court of Canada</span>~~.		An appeal from the Federal Court goes to the Federal Court of Appeal.

	==<span class="noglossary">Supreme Court of Canada</span>==		==<span class="noglossary">Supreme Court of Canada</span>==

	The ~~[https://www.scc-csc.ca/home-accueil/index-eng.aspx~~ Supreme Court of Canada] in Ottawa is the highest court in Canada. It hears appeals from ~~all other~~ courts in ~~Canada~~. Usually, someone has to ask the ~~<span class="noglossary">~~Supreme Court of Canada~~</span>~~ for permission to ~~<span class="noglossary">~~appeal~~</span>~~ — it’s not automatic. The court will decide if it will hear an ~~<span class="noglossary">~~appeal~~</span>~~.		The Supreme Court of Canada in Ottawa is the highest court in Canada. It hears appeals from the highest courts in each province and territory. It also hears appeals from the Federal Court of Appeal. Usually, someone has to ask the Supreme Court of Canada for permission to appeal — it’s not automatic. The court will decide if it will hear an appeal.

	There is no ~~<span class="noglossary">~~appeal~~</span>~~ from a ~~<span class="noglossary">~~decision~~</span>~~ made by the ~~<span class="noglossary">~~Supreme Court of Canada~~</span>~~.		There is no appeal from a decision made by the Supreme Court of Canada.

	==Tribunals==		==Tribunals==

	'''Tribunals''' are like courts but are less formal. They hear specific types of disputes. An example is the Employment Standards Tribunal, which hears complaints workers in BC bring against their employers.		'''Tribunals''' are like courts but are less formal. They hear specific types of disputes. An example is the Employment Standards Tribunal, which hears complaints that workers in BC bring against their employers.

	Tribunals are typically faster and cheaper than courts as a way to resolve disagreements. Similar to a court, at a tribunal ~~each side~~ has a chance to present its ~~<span class="noglossary">~~case~~</span>~~, and an independent ~~<span class="noglossary">~~decision~~</span>~~-maker makes a ~~<span class="noglossary">~~decision~~</span>~~. The ~~<span class="noglossary">~~decision~~</span>~~-maker is someone with specialized knowledge~~. They may be an expert in a specific area of law~~.		Tribunals are typically faster and cheaper than courts as a way to resolve disagreements. Similar to a court, each side at a tribunal has a chance to present its case, and an independent decision-maker makes a decision. The decision-maker is someone with specialized knowledge.

	Here are more examples of issues where you can use a tribunal to resolve your dispute:		Here are more examples of issues where you can use a tribunal to resolve your dispute:
	* small claims disputes up to $5,000		* small claims disputes up to $5,000
	* employment and assistance benefits		* employment and assistance benefits
	* human rights claims		* human rights claims
	* landlord and tenant matters		* landlord and tenant matters
	* ~~worker’s~~ compensation benefits		* workers’ compensation benefits

	{{Learning about the Law Wikibook Navbox}}		{{Learning about the Law Wikibook Navbox}}

Elena Renderos at 03:16, 8 March 2023

2023-03-08T03:16:22Z

← Older revision		Revision as of 03:16, 8 March 2023
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	{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= ~~January~~ 2023}}{{Learning about the Law Wikibook TOC}}In this section, you will learn the role courts and tribunals play in applying Canada's laws.		{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= February 2023}}{{Learning about the Law Wikibook TOC}}In this section, you will learn the role courts and tribunals play in applying Canada's laws.

	==Two kinds of law: Criminal law and civil law==		==Two kinds of law: Criminal law and civil law==
	Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.		Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.

	'''Criminal law''' deals with crimes, like assault or theft. The ''Criminal Code'' is the main law setting out what amounts to a crime and how it should be dealt with. This law is the same all across Canada. The purpose of criminal law is to make sure people stay safe and secure. If someone is charged and found guilty of a crime, they face legal consequences ranging from a discharge to a fine to time in jail.		'''Criminal law''' deals with crimes, like assault or theft. The ''Criminal Code'' is the main law setting out what amounts to a crime and how it should be dealt with. This law is the same all across Canada. The purpose of criminal law is to make sure people stay safe and secure. If someone is charged and found guilty of a crime, they face legal consequences ranging from a discharge to a fine to time in jail.

	'''Civil law''' deals with all other legal issues, like having a contract with someone or buying ~~<span class="noglossary">~~property~~</span>~~. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other.		'''Civil law''' deals with all other legal issues, like having a contract with someone or buying property. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other.

	==Courts apply the laws==		==Courts apply the laws==
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	A '''court''' is a place where legal matters are decided, usually by a judge. Courts exist to provide a way to apply the laws in a fair and rational manner. Courts have a variety of functions. For example, they enforce criminal law and they resolve civil law disagreements among people.		A '''court''' is a place where legal matters are decided, usually by a judge. Courts exist to provide a way to apply the laws in a fair and rational manner. Courts have a variety of functions. For example, they enforce criminal law and they resolve civil law disagreements among people.

	Two very important principles are fundamental to the Canadian court system:		Two very important principles are fundamental to the Canadian court system:
	* the courts are separate from government		* the courts are separate from government
	* judges are independent		* judges are independent

	===The courts are separate from government===		===The courts are separate from government===

Drew Jackson at 22:17, 1 February 2023

2023-02-01T22:17:22Z

← Older revision		Revision as of 22:17, 1 February 2023
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	{{Creative Commons for PLS		{{Creative Commons for PLS
	\|title = Learning about the Law ~~Wikibook~~		\|title = Learning about the Law
	\|author =		\|author =
	}}		}}
	__NOGLOSSARY__		__NOGLOSSARY__

Drew Jackson at 21:31, 1 February 2023

2023-02-01T21:31:55Z

← Older revision		Revision as of 21:31, 1 February 2023
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	{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= ~~April 2022~~}}{{Learning about the Law Wikibook TOC}}In this section, you will learn the role courts and tribunals play in applying Canada's laws.		{{REVIEWEDPLS \| reviewer = [[People's Law School]]\|date= January 2023}}{{Learning about the Law Wikibook TOC}}In this section, you will learn the role courts and tribunals play in applying Canada's laws.

	==Two kinds of law: Criminal law and civil law==		==Two kinds of law: Criminal law and civil law==
	Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.		Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.

	'''Criminal law''' deals with crimes, like assault or theft. The ''Criminal Code'' is the main law setting out what amounts to a crime and how it should be dealt with. This law is the same all across Canada. The purpose of criminal law is to make sure people stay safe and secure. If someone is charged and found guilty of a crime, they face legal consequences ranging from a discharge, to a fine, to time in jail.		'''Criminal law''' deals with crimes, like assault or theft. The ''Criminal Code'' is the main law setting out what amounts to a crime and how it should be dealt with. This law is the same all across Canada. The purpose of criminal law is to make sure people stay safe and secure. If someone is charged and found guilty of a crime, they face legal consequences ranging from a discharge to a fine to time in jail.

	'''Civil law''' deals with all other legal issues, like having a contract with someone or buying <span class="noglossary">property</span>. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other.		'''Civil law''' deals with all other legal issues, like having a contract with someone or buying <span class="noglossary">property</span>. Family law is another kind of civil law. The purpose of civil law is to make sure that we are fair in our dealings with each other.
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	===<span class="noglossary">Court of Appeal</span> for British Columbia===		===<span class="noglossary">Court of Appeal</span> for British Columbia===

	The [https://www.bccourts.ca/Court_of_Appeal/ Court of Appeal] is the highest level of court in BC. If someone ~~does not agree with the <span class="noglossary">decision</span> they got~~ in the BC <span class="noglossary">Supreme Court</span>, they may be able to <span class="noglossary">appeal</span> their ~~case~~ to the <span class="noglossary">Court of Appeal</span>. Usually, three judges from the <span class="noglossary">Court of Appeal</span> will hear the <span class="noglossary">appeal</span>.		The [https://www.bccourts.ca/Court_of_Appeal/ Court of Appeal] is the highest level of court in BC. If someone believes a big mistake was made in their case by the BC <span class="noglossary">Supreme Court</span>, they may be able to <span class="noglossary">appeal</span> their decision to the <span class="noglossary">Court of Appeal</span>. Usually, three judges from the <span class="noglossary">Court of Appeal</span> will hear the <span class="noglossary">appeal</span>.

	==Federal Courts==		==Federal Courts==

Drew Jackson: /* Tribunals */

2022-06-13T22:28:22Z

Tribunals

← Older revision		Revision as of 22:28, 13 June 2022
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	'''Tribunals''' are like courts but are less formal. They hear specific types of disputes. An example is the Employment Standards Tribunal, which hears complaints workers in BC bring against their employers.		'''Tribunals''' are like courts but are less formal. They hear specific types of disputes. An example is the Employment Standards Tribunal, which hears complaints workers in BC bring against their employers.

	Tribunals are typically ~~less costly~~ and ~~faster~~ than courts as a way to resolve disagreements. Similar to a court, at a tribunal each side has a chance to present its <span class="noglossary">case</span>, and an independent <span class="noglossary">decision</span>-maker makes a <span class="noglossary">decision</span>. The <span class="noglossary">decision</span>-maker is someone with specialized knowledge. They may be an expert in a specific area of law.		Tribunals are typically faster and cheaper than courts as a way to resolve disagreements. Similar to a court, at a tribunal each side has a chance to present its <span class="noglossary">case</span>, and an independent <span class="noglossary">decision</span>-maker makes a <span class="noglossary">decision</span>. The <span class="noglossary">decision</span>-maker is someone with specialized knowledge. They may be an expert in a specific area of law.

	Here are more examples of issues where you can use a tribunal to resolve your dispute:		Here are more examples of issues where you can use a tribunal to resolve your dispute:

Drew Jackson: /* BC Supreme Court */

2022-05-02T18:37:14Z

BC Supreme Court

← Older revision		Revision as of 18:37, 2 May 2022
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	===BC <span class="noglossary">Supreme Court</span> ===		===BC <span class="noglossary">Supreme Court</span> ===

	The [https://www.bccourts.ca/supreme_court/ BC Supreme Court] has ~~<span class="noglossary">jurisdiction</span> over~~ most legal cases. It hears:		The [https://www.bccourts.ca/supreme_court/ BC Supreme Court] has the power to decide most legal cases. It hears:
	* serious criminal cases (like murder)		* serious criminal cases (like murder)
	* civil cases involving amounts over $35,000		* civil cases involving amounts over $35,000

Drew Jackson: /* Courts apply the laws */

2022-04-29T02:18:11Z

Courts apply the laws

← Older revision		Revision as of 02:18, 29 April 2022
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	==Courts apply the laws==		==Courts apply the laws==
	[[File:Law courts BC.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via <span class="noglossary">Provincial Court</span> of British Columbia</span>]]		[[File:Law courts BC.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via <span class="noglossary">Provincial Court</span> of British Columbia</span>]]
	Courts exist to provide a way to apply the laws in a fair and rational manner. Courts have a variety of functions. For example, they enforce criminal law and they resolve civil law disagreements among people.		A '''court''' is a place where legal matters are decided, usually by a judge. Courts exist to provide a way to apply the laws in a fair and rational manner. Courts have a variety of functions. For example, they enforce criminal law and they resolve civil law disagreements among people.

	Two very important principles are fundamental to the Canadian court system:		Two very important principles are fundamental to the Canadian court system:

← Older revision		Revision as of 20:40, 13 March 2023
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	===<span class="noglossary">Provincial Court</span> of British Columbia===		===<span class="noglossary">Provincial Court</span> of British Columbia===
	The Provincial Court is the first level of court. It deals with:		The [https://www.provincialcourt.bc.ca/ Provincial Court] is the first level of court. It deals with:
	* most cases about criminal law matters		* most cases about criminal law matters
	* most types of family cases, including those involving child protection		* most types of family cases, including those involving child protection
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	===BC <span class="noglossary">Supreme Court</span> ===		===BC <span class="noglossary">Supreme Court</span> ===

	The BC Supreme Court has the power to decide most legal cases. It hears:		The [https://www.bccourts.ca/supreme_court/ BC Supreme Court] has the power to decide most legal cases. It hears:
	* serious criminal cases (like murder)		* serious criminal cases (like murder)
	* civil cases involving amounts over $35,000		* civil cases involving amounts over $35,000
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	==Federal Courts==		==Federal Courts==

	The federal court system is separate from the provincial court system. The Federal Court of Canada deals with some types of cases that involve the rights of all Canadians, like immigration, citizenship, and income taxes.		The [https://www.fct-cf.gc.ca/en/home federal court system] is separate from the provincial court system. The Federal Court of Canada deals with some types of cases that involve the rights of all Canadians, like immigration, citizenship, and income taxes.

	An appeal from the Federal Court goes to the Federal Court of Appeal.		An appeal from the Federal Court goes to the Federal Court of Appeal.
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	==<span class="noglossary">Supreme Court of Canada</span>==		==<span class="noglossary">Supreme Court of Canada</span>==

	The Supreme Court of Canada in Ottawa is the highest court in Canada. It hears appeals from the highest courts in each province and territory. It also hears appeals from the Federal Court of Appeal. Usually, someone has to ask the Supreme Court of Canada for permission to appeal — it’s not automatic. The court will decide if it will hear an appeal.		The [https://www.scc-csc.ca/home-accueil/index-eng.aspx Supreme Court of Canada] in Ottawa is the highest court in Canada. It hears appeals from the highest courts in each province and territory. It also hears appeals from the Federal Court of Appeal. Usually, someone has to ask the Supreme Court of Canada for permission to appeal — it’s not automatic. The court will decide if it will hear an appeal.

	There is no appeal from a decision made by the Supreme Court of Canada.		There is no appeal from a decision made by the Supreme Court of Canada.