Our Court System in a Nutshell

This script explains our court system and other ways to solve legal disputes besides court, known as “alternative dispute resolution” or ADR.

British Columbia has two levels of trial court

These two levels are:

• Provincial Court
• Supreme Court

Trial courts hear evidence and decide cases.

Most cases start in Provincial Court

There are provincial courts in nearly 100 BC communities. Provincial Court has the following four main parts or divisions:

• Criminal Division, known as “Criminal Court”
• Family and Youth Division, sometimes called “Family Court” and “Youth Court”
• Small Claims Division, known as “Small Claims Court”
• Traffic Division, or “Traffic Court”

The BC Provincial Court website is www.provincialcourt.bc.ca.

Criminal Court deals with criminal issues

A person accused of a crime makes a first appearance in Criminal Court. If the person is in jail, a judge decides whether to release the person or keep them in jail until the trial. For less serious crimes, the trial is also held in this court. For more serious crimes, the accused person may be able to choose a trial here or in BC Supreme Court. The most serious crimes, like murder and treason, must be tried in Supreme Court. But even for those cases, a provincial court judge will still hold a preliminary inquiry to decide if there's enough evidence to have a trial in Supreme Court. For more information on criminal cases in Provincial Court, check script 211 on “Defending Yourself Against a Criminal Charge”.

The Family and Youth Division handles family, youth and criminal cases

It deals with family problems like maintenance for spouses, child support, custody and access, as well as some criminal cases involving families, like spouse abuse. This court also hears young offender cases involving youth aged 12 to 17. Check script 110 for more information on Family Court.

Small Claims Court deals with “civil” cases for $25,000 or less

In these cases, someone is suing someone else for money. People don't need a lawyer in this court; for example, all the forms are in plain language. For more information on Small Claims Court, check scripts 165, 166, 167, 168 and 169.

Traffic Court handles traffic and some other offences

These other offences include by-law offences like zoning and building code violations, plus some other offences under provincial law.

What does the BC Supreme Court deal with?

This court handles both criminal and civil cases. The most serious criminal trials, for murder and treason, are heard in this court, not in Provincial Court. Other serious criminal cases involving drugs, rape and attempted murder are usually tried here too. For civil cases, Supreme Court hears cases for more than $25,000 and some cases for less than that. For example, the law requires some types of cases, such as builders’ liens and divorce, to be handled in Supreme Court.

Both criminal and civil trials can be in front of a judge, or a judge and jury. BC has several Supreme Court “resident” judges. These judges also travel to other places throughout BC to hold trials. Cases in Supreme Court are usually complicated and, while not legally required, most people use lawyers.

BC Supreme Court also hears appeals of some Provincial Court decisions.

More information on BC Supreme Court is at www.courts.gov.bc.ca/supreme_court.

There is also the BC Court of Appeal

The BC Court of Appeal is the highest court in BC. It doesn't hold trials. The Court of Appeal reviews decisions of trial courts if any of the people in a case disagree with the decision and appeal it. It hears appeals of civil and criminal cases from the BC Supreme Court, as well as appeals of some criminal cases from Provincial Court. The Court of Appeal is in Vancouver, but it also travels to Victoria, Kamloops, and Kelowna to hear cases. See www.courts.gov.bc.ca/Court_of_Appeal/ for more information.

What are the federal courts?

At the federal level, we have the Federal Court of Canada and the Supreme Court of Canada.

What does the Federal Court deal with?

The Federal Court of Canada consists of the Federal Court, which is a trial court, and the Federal Court of Appeal. The Federal Court holds trials for cases on federal laws, mainly in the areas of immigration, income tax, and maritime law. These trials are before a judge only. The Federal Court of Appeal hears appeals of decisions by the Federal Court. The Federal Court’s website is www.fct-cf.gc.ca.

The Supreme Court of Canada is the highest appeal court

Based in Ottawa, it hears appeals from decisions of the BC Court of Appeal, from the appeal courts of other provinces, and from the Federal Court of Appeal. Usually, the Supreme Court of Canada must agree to hear an appeal – and it doesn't agree to hear every appeal that people request. But there are some cases where the right to appeal is automatic. Until recently, people often had to go to the court in Ottawa, but now the court hears some appeals by live video over a satellite link to a court in Vancouver. For more information on the Supreme Court of Canada, see its website at www.scc-csc.gc.ca.

Courts are normally open to the public

All courtrooms are normally open to the public, so you can attend and watch. You can walk in and no one will ask you what you’re doing, as long as you’re quiet and don't disturb the proceeding. Some high profile trials (such as those gang and biker trials and the Air India trial) are not completely open to the public. They have intense screening and secureity of anyone who wants to attend.

What is alternative dispute resolution?

Alternative dispute resolution or ADR is an alternative to going to court. The four most common alternative ways to solve legal disputes are:

• negotiation
• collaboration
• mediation
• arbitration

ADR often works best at an early stage of a dispute (unless the issues are very complex, in which case, examining the documents and questioning the people involved might first be required. For less complex cases, the more time that goes by, the more likely it is that you and the other person will believe that you’re each “right” and the other person is “wrong”. Once you become stuck in your beliefs and positions, and ignore the common interests you may have, it’s more difficult to reach a solution which you both can accept.

Why choose ADR over court?

Courts are often slow and expensive. They’re not always the best place to solve a dispute. Going to court can often end up costing more than the dispute is worth. And going to court may not work if you need a quick solution. Also, court proceedings are open to the public, while ADR is private.

Even if you go to court, you can still try ADR in most cases. After a lawsuit has started, lawyers often negotiate settlements for their clients so they don’t have to go to trial. Or your lawyer might recommend you try mediation or arbitration before going further with a lawsuit.

How does negotiation work?

Negotiation involves reaching an agreement with another person – you both work out a solution together that fits both of your interests. Negotiation happens every day. It’s probably something you often do, perhaps without even realizing it. If you try to negotiate a legal dispute without a lawyer, you should both sign an agreement first that says your negotiations are “without prejudice” to your legal rights – meaning that your discussions won’t be used against either person if one of you decides to go to court.

A lawyer or counsellor may be able to help you negotiate an agreement. But a negotiator represents one side of the dispute only, and only acts for that side of the dispute only.

How does collaboration work?

Collaboration involves both sides agreeing not to go to court, to disclose all relevant information and to work together towards an agreement that is in everyone’s best interests. Collaborative negotiation is used in some non-criminal cases, but it’s most widely used in family law. Both spouses have their own lawyers, who act for them only in the collaborative process. The lawyers are focused on settlement and instead of working against one another, they meet together with you and your spouse to minimize conflict and reach an agreement. If you can’t reach an agreement, the collaborative process ends, and each of you must look for a resolution elsewhere and hire new lawyers.

Collaborative negotiation is an effective process for moving past conflict to resolution—even if you’ve tried other ways to come to an agreement. It also provides you with emotional support as well as legal guidance, and it’s more private than going to court (court documents are public, but your collaborative agreement is not).

For more information on collaborative divorce and collaboration in family law, refer to script 111 on “Mediation and Collaborative Settlement Processes”.

How does mediation work?

Mediation is a voluntary process that both people in the dispute agree to. A neutral person, called a mediator, listens to you and the other person in the dispute, and helps the two of you reach a solution that works for both of you. The mediator doesn’t work for either person, or favour one person over the other. The mediator manages the process and organizes your discussions, remaining a neutral facilitator throughout the mediation process. He or she helps clear up misunderstandings and reduce tension, so you and the other person feel comfortable sorting out your problems together. But while the mediator helps the two of you to come to an agreement, he or she won’t decide for you, or force you to accept a solution.

Mediation works well for most disputes—especially when the facts are clear, the people are in an on-going relationship, and they want to protect their privacy. For example, mediation can be ideal for solving family disputes and divorce issues, where the spouses have a continuing relationship and need to work together to solve parenting issues.

But mediation only works if both people are willing to resolve their dispute. It doesn’t work if one person isn’t interested in a solution that satisfies both people. In that case, court may be the only solution.

For more information on family mediation, check script 111 on “Mediation and Collaborative Law.”

How does arbitration work?

If you and the other person in the dispute are really quarrelling, or if you'd prefer a neutral person (or panel of people) to decide for you, you may choose arbitration as an alternative to going to court. An arbitrator is often experienced with the type of dispute you have and may be an expert on the subject. Arbitration works well for commercial and business disputes.

Arbitration is more formal than mediation, but less formal than court. You and the other person agree in advance on the rules for the arbitration process. If you wish, you can both agree on a process that will allow the arbitrator to reach a decision on a limited budget. The arbitrator listens to the evidence you each present and then makes a decision.

Before arbitration begins, you and the other person must decide if you can still go to court if you don’t like the arbitrator’s decision. This may depend on the law that applies to your particular problem. Usually, you’re not able to go to court later if you’re unhappy with the arbitration result.

Where can you find a mediator or arbitrator?

Professionals who provide alternative dispute resolution include lawyers, social workers, and psychologists. When looking for a mediator or arbitrator, it’s important to work with a qualified and skilled professional experienced in the type of dispute resolution process you want to use.

• For collaborative lawyers, see:

Victoria: www.collaborativefamilylawgroup.com

Vancouver: www.collaborativedivorcebc.com

Outside Vancouver: www.nocourt.net

• The BC Arbitration and Mediation Institute can put you in touch with a chartered mediator or arbitrator who is a member of the ADR Institute of Canada. The ADR Institute of Canada is a national, non-profit organization that sets education and training standards for its chartered mediators and arbitrators (http://www.adrcanada.ca www.adrcanada.ca]). Contact the BC Arbitration and Mediation Institute at 604.736.6614 in Vancouver or toll-free 1.877.332.2264 elsewhere in BC. Also, check their website at www.amibc.org for more information.

• Try the Mediate BC Society at 604.681.6050 in Vancouver or 1.888.713.0433 elsewhere in BC. Or visit their website at www.mediatebc.com.

• Call the Lawyer Referral Service, operated by the BC Branch of the Canadian Bar Association, for a lawyer experienced in alternative dispute resolution. Call 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in BC.

• Organizations related to a specific business, product or service may also offer ADR. For example, the Canadian Motor Vehicle Arbitration Plan has an arbitration program for disputes between consumers and vehicle manufacturers about alleged manufacturing defects or new vehicle warranties (www.camvap.ca). If you have a complaint involving a business, the Better Business Bureau offers both mediation and arbitration (www.mbc.bbb.org) for the BBB of mainland BC). The BC Arbitration and Mediation Institute has a new program specifically for resolving strata bylaw disputes through mediation.

Where can you find more information?

• For information on the court system, contact the Justice Education Society. The society has offices throughout BC. Their website is www.JusticeEducation.ca. The Vancouver phone number is 604.660.9870. Also, see the website of BC’s Court Services Branch at www.ag.gov.bc.ca/courts.
• For more information on ADR, visit the website of the Dispute Resolution Office of the BC Ministry of Attorney General at www.ag.gov.bc.ca/dro.

[updated September 2014]

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In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

A phrase referring to a number of processes intended to resolve people's disputes outside of the court system. This includes arbitration, mediation, negotiation, and collaborative settlement processes. In family law, the purpose of alternative dispute resolution is to offer a less adversarial and less expensive way to resolve a dispute than having to go to court so that a judge can resolve things.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

A court established and staffed by the provincial government, which includes Small Claims Court, Youth Court, and Family Court. The Provincial Court is the lowest level of court in British Columbia and is restricted in the sorts of matters it can deal with. It is, however, the most accessible of the two trial courts and no fees are charged to begin or defend a family law proceeding. The Family Court of the Provincial Court cannot deal with the division of family property or any claims under the Divorce Act. See "Divorce Act," "judge" and "jurisdiction."

Normally referred to as the "Supreme Court of British Columbia," this court hears most of the trials in this province. The Supreme Court is a court of inherent jurisdiction and has no limits on the sorts of claims it can hear or on the sorts of orders it can make. Decisions of the Provincial Court are appealed to the Supreme Court; decisions of the Supreme Court are appealed to the Court of Appeal. See "Court of Appeal," "jurisdiction," "Provincial Court" and "Supreme Court of Canada."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government. The decisions of a judge are binding upon the parties to the proceeding, subject to appeal.

In family law, a legal document in which a person gives up a right or a claim, or the entitlement to enforce a right or advance a claim; a waiver. Releases are usually signed following the settlement of a court proceeding or legal dispute. See "action" and "claim."

In law, in British Columbia a person under the age of 19.

In family law, an antiquated term referring to child support and spousal support. See "child support" and "spousal support."

Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.

In family law, an antiquated term used by the old Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. Replaced in the new Divorce Act with the term decision-making responsibility." See "access," "decision-making responsibility" and "parenting time."

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."

Under the Divorce Act, either of two people who are married to one another, whether of the same or opposite genders. Under the Family Law Act, spouse includes married spouses, unmarried parties who have lived together in a marriage-like relationship for at least two years, and, for all purposes of the act other than the division of property or debt, unmarried parties who have lived together for less than two years and have had a child together. See "marriage" and "marriage-like relationship."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

The legal termination of a valid marriage by an order of a judge; the ending of a marital relationship and the conjugal obligations of each spouse to the other. See "conjugal rights," "marriage" and "marriage, validity of."

The highest level of court in the province, having the jurisdiction to review decisions of the Supreme Court, all provincial lower courts, and certain tribunals. See "appeal."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

The highest level of court in Canada. This court hears appeals from the decisions of the Federal Court of Appeal and the provincial courts of appeal, including the Court of Appeal for British Columbia. There is no court to appeal to beyond this court. See "Court of Appeal" and "Supreme Court."

In law, (1) the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to (2) a specific hearing or trial. See "action."

Processes used to resolve legal disputes, including negotiation, collaborative settlement processes, mediation, arbitration and litigation.

In law, a phrase used to indicate secondary relief or a secondary ground of relief in a claim or application, usually presented as an option to the primary relief or primary ground of relief sought. For example, "I'd like to have all of the house but, in the alternative, I'll take half." See “motion," “pleadings," and “relief."

In family law, the process by which an agreement is formed between the parties to a legal dispute resolving that dispute, usually requiring mutual compromise from the parties' original positions to the extent tolerable by each party. See "alternative dispute resolution" and "family law agreements."

A dispute resolution process in which a specially-trained neutral person facilitates discussions between the parties to a legal dispute and helps them reach a compromise settling the dispute. See "alternative dispute resolution" and "family law mediator."

A dispute resolution process in which an arbitrator hears the evidence and arguments presented by the parties to a legal dispute and makes an award that resolves the dispute and is binding on the parties. The arbitration of family law disputes is governed by rules set out in Part 2, Division 4 of the Family Law Act. See "alternative dispute resolution" and "family law arbitrator."

(1) In the context of negotiation or mediation, an arrangement that neither party will be able to use the content of the settlement discussions in a court proceeding. (2) In the context of litigation, an arrangement that a party's agreement to a certain order will not affect the legal rights of either party. (3) In the context of a settlement proposal, a stipulation that the contents of the proposal may not be shown to the court until the court proceeding has concluded. See "consent order," "mediation," "negotiation," "offer to settle" and "settlement."

(1) Intentionally doing a thing, or (2) a law passed by a government, also called "legislation" or a "statute." See "regulations."

A resolution of one or more issues in a court proceeding or legal dispute with the agreement of the parties to the proceeding or dispute, usually recorded in a written agreement or in an order that all parties agree the court should make. A court proceeding can be settled at any time before the conclusion of trial. See "action," "consent order," "family law agreements" and "offer."

In family law, this usually refers to one party obtaining a part of any property at issue before the property has been finally divided by court order or the parties' agreement, usually in order to help pay for that person's legal fees.

In contract law, the expression, either orally or in writing, of a willingness to be bound by a proposed agreement, contract, or settlement. See "offer to settle."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."