Canada’s Legal System: Difference between revisions

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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.  
 
{{Learning about the Law Wikibook TOC}}
==Two kinds of law: Criminal law and civil law==
==Two kinds of law: Criminal law and civil law==
[[File:Criminal law cover book.jpg | left| frame | link= | <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
Broadly speaking, laws in Canada fall into two categories: criminal law or civil law.  
There are two kinds of law in Canada.
 
'''Criminal law''' deals with crimes, like assault or theft. People can go to jail if they are found guilty of a crime. The purpose of criminal law is to make sure we stay safe and secure. Criminal law is the same all across Canada. The Criminal Code of Canada lists what the crimes are and how they should be dealt with.
 
'''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.  


==The courts apply the laws==
'''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.


The 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 the criminal law and they ''resolve'' civil law disputes among people.  
'''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.


Two very important principles are fundamental to the Canadian court system:
==Courts apply the laws==
*the courts are separate from government, and
[[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>]]
*judges are independent.
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.


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


===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 government apply to individuals in everyday situations. The purpose of the courts is to protect the rights and freedoms of  
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.  
everyone in Canada.


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.
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 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.  
 
It is our constitutional right to have our legal issues decided by a fair decision-maker. Judges have a responsibility to listen to both sides of a case and then to make fair decisions based on the law and on the facts and evidence before them.  


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.
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==
In BC there are three levels of court:
In BC there are three levels of court:
*Provincial Court,
*<span class="noglossary">Provincial Court</span>
*Supreme Court, and
*<span class="noglossary">Supreme Court</span>
*Court of Appeal.
*<span class="noglossary">Court of Appeal</span>


===Provincial Court of British Columbia===
===<span class="noglossary">Provincial Court</span> of British Columbia===
[[File:Gavel and books.jpg | right | frame |  link= | <span style="font-size:60%;">Copyright www.shutterstock.com</span>]]
The [https://www.provincialcourt.bc.ca/ Provincial Court] is the first level of court. It deals with:
The Provincial Court is the first level of court. The Provincial Court hears most cases about [http://www.provincialcourt.bc.ca/types-of-cases/criminal-and-youth criminal law matters]. It also hears cases involving ''young offenders'' who have been ''charged'' with committing a crime.
* 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 Provincial Court also has several parts that hear cases about civil law matters:
{{PLSStorybox
*Family law cases are heard in [http://www.provincialcourt.bc.ca/types-of-cases/family-matters Family Court] (but not divorce or division of property used by the family; those are heard in Supreme Court).
| image = [[File:ranjit.png|link=]]
*Cases about smaller amounts of money (up to $25,000) are heard in [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters Small Claims Court].
| 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
*Cases that involve traffic offences are heard in Traffic Court.
}}


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


The BC Supreme Court has jurisdiction 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,
* serious criminal cases (like murder)
*civil cases involving large amounts of money,
* civil cases involving amounts over $35,000
*family cases that are about divorce or dividing property owned by the family, and
* family cases of all types, including those dealing with divorce or dividing property owned by the family  
*appeals of cases from the Provincial Court.
* appeals of cases from the Provincial Court


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


If someone does not agree with the decision from their trial in the BC Supreme Court, they may be able to appeal their case to the Court of Appeal for British Columbia. Usually, three judges from the Court of Appeal will hear the appeal.
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==


The federal court system is separate from the provincial court system. The Federal Court can only deal with some cases that involve the rights of all Canadians, like citizenship, and  
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.  
cases that involve an organization owned by the Government of Canada.
 
An appeal from the Federal Court goes to the Federal Court of Appeal, then to the Supreme Court of Canada.


===Citizenship Court of Canada===
An appeal from the Federal Court goes to the Federal Court of Appeal. 


This court examines all applications for Canadian citizenship. The judges of the Citizenship Court may interview permanent residents who apply to become Canadian citizens. The Citizenship Court has citizenship ceremonies for new Canadians.
==<span class="noglossary">Supreme Court of Canada</span>==


===Supreme Court of Canada===
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.


The Supreme Court of Canada in Ottawa is the highest court in Canada. It hears appeals from all other courts in Canada. 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.  


==Tribunals==
==Tribunals==


''Tribunals'' hear disputes about government rules or regulations. Tribunals are like courts but are not part of the court system. Tribunals are less formal than courts.  
'''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.  
 
At the tribunal, each side has a chance to present its case and the decision-maker makes the decision. The decision-maker, also called an ''adjudicator'', is someone with specialized
knowledge. The decision-maker may be a judge or may be someone who is an expert in a specialized area of law.


Here are some examples of the issues where you can use a tribunal to resolve your dispute:
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.  
*disability benefits,  
*employment insurance,
*human rights claims,
*landlord tenant matters, and
*refugee claims.


{{REVIEWED | reviewer = [[People's Law School]], 2013}}
Here are more examples of issues where you can use a tribunal to resolve your dispute:
* small claims disputes up to $5,000
* employment and assistance benefits
* human rights claims
* landlord and tenant matters
* workers’ compensation benefits


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


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{{Creative Commons for PLS
|title = Learning about the Law Wikibook
|title = Learning about the Law
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|author =  
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__NOGLOSSARY__

Latest revision as of 23:20, 13 March 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School in February 2023.

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

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.

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

Image via Provincial Court of British Columbia

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:

  • the courts are separate from government
  • judges are independent

The courts are separate from government

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.

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

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 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 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

In BC there are three levels of court:

  • Provincial Court
  • Supreme Court
  • Court of Appeal

Provincial Court 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

BC Supreme Court

The BC Supreme Court has the power to decide most legal cases. It hears:

  • serious criminal cases (like murder)
  • civil cases involving amounts over $35,000
  • family cases of all types, including those dealing with divorce or dividing property owned by the family
  • appeals of cases from the Provincial Court

Court of Appeal for British Columbia

The 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 Supreme Court, they may be able to appeal their decision to the Court of Appeal. Usually, three judges from the Court of Appeal will hear the appeal.

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.

An appeal from the Federal Court goes to the Federal Court of Appeal.

Supreme Court of Canada

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 appeal from a decision made by the Supreme Court of Canada.

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 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, 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:

  • small claims disputes up to $5,000
  • employment and assistance benefits
  • human rights claims
  • landlord and tenant matters
  • workers’ compensation benefits


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