Canada’s Legal System

Two kinds of law: Criminal law and 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

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.

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

• the courts are separate from government, and
• 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 government apply to individuals in everyday situations. The 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 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.

Courts in British Columbia

In BC there are three levels of court:

• Provincial Court,
• Supreme Court, and
• Court of Appeal.

Provincial Court of British Columbia

The Provincial Court is the first level of court. The Provincial Court hears most cases about criminal law matters. It also hears cases involving young offenders who have been charged with committing a crime.

The Provincial Court also has several parts that hear cases about civil law matters:

• Family law cases are heard in Family Court (but not divorce or division of property used by the family; those are heard in Supreme Court).
• Cases about smaller amounts of money (up to $25,000) are heard in Small Claims Court.
• Cases that involve traffic offences are heard in Traffic Court.

BC Supreme Court

The BC Supreme Court has jurisdiction over most legal cases. It hears:

• serious criminal cases,
• civil cases involving large amounts of money,
• family cases that are about divorce or dividing property owned by the family, and
• appeals of cases from the Provincial Court.

Court of Appeal 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.

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 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

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.

Supreme Court of Canada

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.

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.

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:

• disability benefits,
• employment insurance,
• human rights claims,
• landlord tenant matters, and
• refugee claims.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by People's Law School, 2013.

Learning about the Law Wikibook © People's Law School is, except for the images, licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence.

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."

An agreement between two or more people, giving them obligations towards each other that can be enforced in court. A valid contract must be offered by one person and accepted by the other, and some form of payment or other thing of value must generally be exchanged between the parties to the contract.

Something which can be owned. See "chattels" and "real property."

In family law, the decision of one or both parties to terminate a married or unmarried relationship; the act of one person leaving the family home to live somewhere else with the intention of terminating the relationship. There is no such thing as a "legal separation." In general, one separates by simply moving out, however, it is possible to be separated but still live under the same roof. See "divorce, grounds of."

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."

(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."

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.

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."

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."

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."

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."

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."

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."

A kind of legislation that provides supplemental rules for a particular act. Regulations are created and amended by the government, not by the legislature, and as a result the legislature has no say in how or what regulations are imposed by government. See "act."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."