Our Court System in a Nutshell: Difference between revisions

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{{Dial-A-Law TOC|expanded = lawyers}}
{{Dial-A-Law TOC|expanded = lawyers}}
This script explains our court system and other ways to solve legal disputes besides court, known as “alternative dispute resolution” or ADR.
This script explains our court system and other ways to solve legal disputes besides court, known as “alternative dispute resolution” or ADR.  


=OUR COURT SYSTEM=
==British Columbia has two levels of trial court==
==British Columbia has two levels of trial court==
These two levels are:
These two levels are:
*Provincial Court
*[http://www.provincialcourt.bc.ca/ Provincial Court]
*Supreme Court
*[http://www.courts.gov.bc.ca/supreme_court/ Supreme Court]


Trial courts hear evidence and decide cases.
Trial courts hear evidence and decide cases.  


==Most cases start in Provincial Court==
==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:
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”
*Criminal Division, known as Criminal Court
*Family and Youth Division, sometimes called “Family Court” and “Youth Court”
*Family and Youth Division, sometimes called Family Court and Youth Court
*Small Claims Division, known as “Small Claims Court”
*Small Claims Division, known as Small Claims Court
*Traffic Division, or “Traffic Court”
*Traffic Division, or Traffic Court
 
The BC Provincial Court website is [http://www.provincialcourt.bc.ca www.provincialcourt.bc.ca].


==Criminal Court deals with criminal issues==
==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 [[Defending Yourself Against a Criminal Charge (Script 211)|211]] on “Defending Yourself Against a Criminal Charge”.
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, check script [[Defending Yourself Against a Criminal Charge (Script 211)|211]].


==The Family and Youth Division handles family, youth and criminal cases==
==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 [[Family Court (Script 110)|110]] for more information on Family Court.
It deals with family problems like maintenance for spouses, child support, custody and access, as well as some criminal cases involving families, like spousal abuse. This court also hears young offender cases involving youth aged 12 to 17. Check script [[Family Court (Script 110)|110]] for more information.


==Small Claims Court deals with “civil” cases for $25,000 or less==
==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 [[What is Small Claims Court? (Script 165)|165]], [[Suing Someone in Small Claims Court  (Script 166)|166]], [[Being Sued in Small Claims Court  (Script 167)|167]], [[Going to Trial in Small Claims Court  (Script 168)|168]] and [[Getting Your Judgment Paid (Script 169)|169]].
In these cases, someone sues 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, check scripts [[What is Small Claims Court? (Script 165)|165]], [[Suing Someone in Small Claims Court  (Script 166)|166]], [[Being Sued in Small Claims Court  (Script 167)|167]], [[Going to Trial in Small Claims Court  (Script 168)|168]] and [[Getting Your Judgment Paid (Script 169)|169]].


==Traffic Court handles traffic and some other offences==
==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.
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?==
==BC Supreme Court deals with serious criminal and civil trials==
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.
Supreme 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.
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 so most people use lawyers, but they don’t have to.


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


More information on BC Supreme Court is at [http://www.courts.gov.bc.ca/supreme_court www.courts.gov.bc.ca/supreme_court].
==The BC Court of Appeal==
The [http://www.courts.gov.bc.ca/Court_of_Appeal/ 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, and 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.


==There is also the BC Court of Appeal==
==The federal courts==
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 [http://www.courts.gov.bc.ca/Court_of_Appeal/ www.courts.gov.bc.ca/Court_of_Appeal/] for more information.
The [http://www.fct-cf.gc.ca/ Federal Court of Canada] and the [http://www.scc-csc.gc.ca/ Supreme Court of Canada] are the two federal courts.


==What are the federal courts?==
==Federal Court has two parts and deals with federal laws==
At the federal level, we have the Federal Court of Canada and the Supreme Court of Canada.
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.  


==What does the Federal Court deal with?==
==The Supreme Court of Canada is the highest appeal court==  
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 [http://www.fct-cf.gc.ca www.fct-cf.gc.ca].
Based in Ottawa, the Supreme Court of Canada 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 must agree to hear an appeal – and it doesn't agree to hear every appeal that people request. In some cases, 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 a live video link to a court in Vancouver.
 
==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 [http://www.scc-csc.gc.ca www.scc-csc.gc.ca].


==Courts are normally open to the public==
==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.
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 gang and biker trials and the Air India trial) are not completely open to the public. They have intense screening of anyone who wants to attend.


=ALTERNATIVE DISPUTE RESOLUTION=
==What is alternative dispute resolution?==
==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:
Alternative dispute resolution, or ADR, is an alternative to going to court. The four most common alternative ways to solve legal disputes are:
*negotiation
*negotiation
*collaboration
*collaboration
Line 63: Line 61:
*arbitration
*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.
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 or entrenched in your positions, and ignore the common interests you may have, it’s harder to reach a solution you can both accept.


==Why choose ADR over court?==
==Why choose ADR over court?==
Line 71: Line 69:


==How does negotiation work?==
==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.
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.
A lawyer or counselor may be able to help you negotiate an agreement. But a negotiator represents only one side of the dispute, and acts only for that side of the dispute.  


==How does collaboration work?==
==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.
Collaboration involves both sides agreeing not to go to court, to disclose all relevant information, and to seek an agreement that suits everyone. 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 only for them in the collaborative process. The lawyers focus on settlement, not on conflict. They meet 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).
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 gives you emotional support and 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 [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.
For more on collaborative divorce and collaboration in family law, check script [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.


==How does mediation work?==
==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 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 process. They help 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, they don’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.
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 as parents.  


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.
But mediation works only 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 [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.
For more information, check script [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.


==How does arbitration work?==
==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. An arbitrator (a neutral person or a panel of them) listens to the evidence you each present and then makes a decision. You and the other person agree in advance on the rules for the arbitration process. You can both agree on a process that will allow the arbitrator to reach a decision on a limited budget.  


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.
Arbitration works well for commercial and business disputes. An arbitrator is often experienced with the type of dispute you have. They may be an expert on the subject.  


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.
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 cannot go to court later if you’re unhappy with the arbitration result.


==Where can you find a mediator or arbitrator?==
==Where can you find a mediator or arbitrator?==
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*For collaborative lawyers, see:
*For collaborative lawyers, see:
:Victoria: [http://www.collaborativefamilylawgroup.com www.collaborativefamilylawgroup.com]
:Victoria: [http://www.collaborativefamilylawgroup.com www.collaborativefamilylawgroup.com
:Vancouver: [http://www.collaborativedivorcebc.com www.collaborativedivorcebc.com]
:Vancouver: [http://www.collaborativedivorcebc.com
www.collaborativedivorcebc.com]
:Outside Vancouver: [http://www.nocourt.net www.nocourt.net]
:Outside Vancouver: [http://www.nocourt.net 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 [http://www.amibc.org www.amibc.org] for more information.
*The '''[BC Arbitration and Mediation Institute]''' can direct you to a chartered mediator or arbitrator who is a member of the ADR Institute of Canada. Its phone number is 604.736.6614 in Vancouver and 1.877.332.2264 elsewhere in BC.
 
*The '''[http://www.adrcanada.ca/ ADR Institute of Canada]''' is a national, non-profit organization that sets education and training standards for its chartered mediators and arbitrators.


*Try the '''Mediate BC Society''' at 604.681.6050 in Vancouver or 1.888.713.0433 elsewhere in BC. Or visit their website at [http://www.mediatebc.com www.mediatebc.com].
*The '''[http://www.mediatebc.com/ Mediate BC Society]''' has a list of mediators. Its numbers are 604.684.1300 in Vancouver or 1.877.656.1300 elsewhere in BC.  


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


==Where can you find more information?==
==More information==
*For information on the court system, contact the Justice Education Society. The society has offices throughout BC. Their website is [http://www.JusticeEducation.ca www.JusticeEducation.ca]. The Vancouver phone number is 604.660.9870. Also, see the website of BC’s Court Services Branch at [http://www.ag.gov.bc.ca/courts www.ag.gov.bc.ca/courts].  
*For more on the court system, contact the [http://www.lawcourtsed.ca/ Justice Education Society]. It has offices throughout BC. The Vancouver phone number is 604.660.9870. Also, see [http://www.ag.gov.bc.ca/courts BC’s Court Services Branch].  
*For more information on ADR, visit the website of the Dispute Resolution Office of the BC Ministry of Attorney General at [http://www.ag.gov.bc.ca/dro www.ag.gov.bc.ca/dro].
*For more on ADR, check the [http://www.ag.gov.bc.ca/dro Dispute Resolution Office] of the BC Ministry of Attorney General.


[updated February 2016]


[updated September 2014]
'''The above was last reviewed for accuracy by Steve Gjukich and edited by John Blois.'''





Revision as of 17:33, 1 March 2016

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

OUR COURT SYSTEM

British Columbia has two levels of trial court

These two levels are:

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

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, check script 211.

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 spousal abuse. This court also hears young offender cases involving youth aged 12 to 17. Check script 110 for more information.

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

In these cases, someone sues 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, 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.

BC Supreme Court deals with serious criminal and civil trials

Supreme 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 so most people use lawyers, but they don’t have to.

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

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, and 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.

The federal courts

The Federal Court of Canada and the Supreme Court of Canada are the two federal courts.

Federal Court has two parts and deals with federal laws

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 Supreme Court of Canada is the highest appeal court

Based in Ottawa, the Supreme Court of Canada 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 must agree to hear an appeal – and it doesn't agree to hear every appeal that people request. In some cases, 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 a live video link to a court in Vancouver.

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 gang and biker trials and the Air India trial) are not completely open to the public. They have intense screening of anyone who wants to attend.

ALTERNATIVE DISPUTE RESOLUTION

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 or entrenched in your positions, and ignore the common interests you may have, it’s harder to reach a solution you can both 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 counselor may be able to help you negotiate an agreement. But a negotiator represents only one side of the dispute, and acts only for that side of the dispute.

How does collaboration work?

Collaboration involves both sides agreeing not to go to court, to disclose all relevant information, and to seek an agreement that suits everyone. 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 only for them in the collaborative process. The lawyers focus on settlement, not on conflict. They meet 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 gives you emotional support and legal guidance. And it’s more private than going to court (court documents are public, but your collaborative agreement is not).

For more on collaborative divorce and collaboration in family law, check 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 process. They help 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, they don’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 as parents.

But mediation works only 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, check script 111 on “Mediation and Collaborative Settlement Processes”.

How does arbitration work?

Arbitration is more formal than mediation, but less formal than court. An arbitrator (a neutral person or a panel of them) listens to the evidence you each present and then makes a decision. You and the other person agree in advance on the rules for the arbitration process. You can both agree on a process that will allow the arbitrator to reach a decision on a limited budget.

Arbitration works well for commercial and business disputes. An arbitrator is often experienced with the type of dispute you have. They may be an expert on the subject.

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 cannot 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: [http://www.collaborativefamilylawgroup.com www.collaborativefamilylawgroup.com
Vancouver: [http://www.collaborativedivorcebc.com
www.collaborativedivorcebc.com]
Outside Vancouver: www.nocourt.net
  • The [BC Arbitration and Mediation Institute] can direct you to a chartered mediator or arbitrator who is a member of the ADR Institute of Canada. Its phone number is 604.736.6614 in Vancouver and 1.877.332.2264 elsewhere in BC.
  • The ADR Institute of Canada is a national, non-profit organization that sets education and training standards for its chartered mediators and arbitrators.
  • The Mediate BC Society has a list of mediators. Its numbers are 604.684.1300 in Vancouver or 1.877.656.1300 elsewhere in BC.
  • 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. If you have a complaint involving a business, the Better Business Bureau offers both mediation and arbitration. The BC Arbitration and Mediation Institute has a new program specifically for resolving strata bylaw disputes through mediation.

More information

[updated February 2016]

The above was last reviewed for accuracy by Steve Gjukich and edited by John Blois.





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