Difference between revisions of "Our Court System in a Nutshell"

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{{REVIEWEDPLS | reviewer = [https://www.gilchristlaw.com/team/ Steven Gjukich], Gilchrist & Company|date= March 2018}} {{Dial-A-Law TOC|expanded = courts}}
Trial courts hear evidence and decide cases. British Columbia has two levels of trial court, Provincial Court and Supreme Court. Learn which type of cases each of these courts handle.


{{Dial-A-Law TOC|expanded = lawyers}}
==What you should know==
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=
===Most cases start in Provincial Court===
==British Columbia has two levels of trial court==
There are provincial courts in nearly 100 communities in British Columbia. '''Provincial Court''' has the following four main parts or divisions:
These two levels are:
* Criminal Division, known as '''Criminal Court'''
*[http://www.provincialcourt.bc.ca/ Provincial Court]
* Family and Youth Division, sometimes called '''Family Court''' and '''Youth Court'''
*[http://www.courts.gov.bc.ca/supreme_court/ Supreme Court]
* Small Claims Division, known as '''Small Claims Court'''
* Traffic Division, or '''Traffic Court'''


Trial courts hear evidence and decide cases.  
===Criminal Court deals with crime===
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 their trial. For less serious crimes, the trial is also held in this court. At the trial, evidence is presented and a decision made about whether the accused is guilty of the crime.


==Most cases start in Provincial Court==
For more serious crimes, the accused person may be able to choose a trial in Criminal Court 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 on the criminal court process, see our information on [[Defending Yourself Against a Criminal Charge|defending yourself against a criminal charge]].
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==
===Family and Youth Division handles family and youth cases===
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]].
Family problems like custody and access, child and spousal support, and family violence cases are dealt with in '''Family Court'''. For details, see our information on [[Family Court]].


==The Family and Youth Division handles family, youth and criminal cases==
'''Youth Court''' handles criminal cases involving young people aged 12 to 17. Our information on [[Youth Justice Court Trials|youth justice trials]] explains proceedings in this 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==
===Civil disputes under $35,000===
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]].
In a '''civil case''', one party in a conflict says they suffered '''damage''' as a result of conduct of another party. Examples include a contract dispute, a car accident claim, a claim to recover a debt, or a conflict between family members about who inherits property.


==Traffic Court handles traffic and some other offences==
In a civil case, one party files court documents to [[Starting a Lawsuit|start the lawsuit]]. The other party can file documents to put forward their own position. If the parties can’t settle their case, it goes to trial, where each side presents evidence and the court decides the outcome of the case.
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==
For civil disputes worth between $5,000 and $35,000, the case can be brought in '''Small Claims Court'''. [http://www.provincialcourt.bc.ca/types-of-cases/small-claims-matters This court] is designed for people to act for themselves; for example, all the forms are in plain language. For more, see our information on [https://dialalaw.peopleslawschool.ca/category/courts-crime/resolving-disputes/small-claims-court/ Small Claims 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 so most people use lawyers, but they don’t have to.
Claims of $5,000 and less are dealt with by the '''Civil Resolution Tribunal'''. [https://civilresolutionbc.ca/ This tribunal] is an online system people can use without the help of a lawyer.


BC Supreme Court also hears appeals of some Provincial Court decisions.
===Traffic Court handles traffic and some other offences===
If someone disputes a ticket for a driving offence under provincial laws (such as speeding, distracted driving, or driving without insurance), a hearing will be set in '''Traffic Court'''.


==The BC Court of Appeal==
This court also handles some other offences under provincial laws, such as trespass or liquor offences, as well as bylaw offences like zoning and building code violations.
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.


==The federal courts==
===BC Supreme Court deals with serious criminal and civil trials===
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.
'''BC Supreme Court''' handles both criminal and civil cases. [https://www.courts.gov.bc.ca/supreme_court/ This court] is where the most serious criminal trials, for murder and treason, are heard. Other serious criminal cases involving drugs, rape and attempted murder are usually tried here too.


==Federal Court has two parts and deals with federal laws==
For civil cases, Supreme Court hears claims for more than $35,000 and some cases for less than that where the law requires the claim to be brought in Supreme Court. For example, the law requires that a builders’ lien claim or an order for divorce be sought in Supreme 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 Supreme Court of Canada is the highest appeal court==
Trials in Supreme Court can be in front of a judge, or a judge and jury.
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==
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.
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=
BC Supreme Court also hears appeals of some Provincial Court decisions.
==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.
===BC Court of Appeal hears appeals===
The '''BC Court of Appeal''' is the highest court in BC. It doesn't hold trials. Instead, [https://www.courts.gov.bc.ca/Court_of_Appeal/ this court] 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. The Court of Appeal also hears appeals of some criminal cases from Provincial Court.


==Why choose ADR over court?==
The Court of Appeal is in Vancouver, but it also travels to Victoria, Kamloops and Kelowna to hear cases.
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.
===Canada’s two federal courts===
There are two federal courts in Canada: the [https://www.fct-cf.gc.ca/ Federal Court of Canada] and the [https://www.scc-csc.ca/ Supreme Court of Canada].


==How does negotiation work?==
The '''Federal Court of Canada''' has two parts and deals with federal laws. It consists of the Federal Court, which is a trial court, and the Federal Court of Appeal. The Federal Court holds trials for cases where the federal government is being sued or the dispute deals with federal laws (such as immigration or income tax laws). The Federal Court of Appeal hears appeals of decisions by the Federal 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 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.  
The '''Supreme Court of Canada''' is the highest appeal court in the country. 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.


==How does collaboration work?==
==Common questions==
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).
===Are courts 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, if you’re quiet and don't disturb the proceeding. Some high-profile trials (such as high-profile murder trials or gang trials) are not completely open to the public. They have intense screening of anyone who wants to attend.


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”.
===Are there options other than court to resolve a dispute?===
Going to court is one way to resolve a dispute. But there are other ways that can be cheaper, faster, and more effective. Learn about options for “alternative dispute resolution” in our information on [[Resolving Disputes Without Going to Court|resolving disputes without going to court]].


==How does mediation work?==
==Who can help==
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.  
===With more information===
The '''BC Provincial Court''' website features guides on how to handle a case before the court, as well as past court decisions.


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.  
* [http://www.provincialcourt.bc.ca/ Visit website]


For more information, check script [[Mediation and Collaborative Settlement Processes (Script 111)|111]] on “Mediation and Collaborative Settlement Processes”.
The '''BC Superior Courts''' website includes information for BC Supreme Court and BC Court of Appeal, including information for self-represented litigants appearing in those courts.


==How does arbitration work?==
* [https://www.courts.gov.bc.ca/ Visit website]
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.
The '''Justice Education Society''' provides online help guide websites for all levels of court in BC.
 
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: [http://www.nocourt.net www.nocourt.net]
 
*The '''[http://www.amibc.org/ 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. 
 
*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.
 
*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.
 
==More information==
*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 on ADR, check the [http://www.ag.gov.bc.ca/dro Dispute Resolution Office] of the BC Ministry of Attorney General.
 
 
[updated February 2016]
 
'''The above was last reviewed for accuracy by Steve Gjukich and edited by John Blois.'''
 
 
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* [https://www.justiceeducation.ca/ Visit website]


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Latest revision as of 03:51, 28 October 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Steven Gjukich, Gilchrist & Company in March 2018.

Trial courts hear evidence and decide cases. British Columbia has two levels of trial court, Provincial Court and Supreme Court. Learn which type of cases each of these courts handle.

What you should know

Most cases start in Provincial Court

There are provincial courts in nearly 100 communities in British Columbia. 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 crime

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 their trial. For less serious crimes, the trial is also held in this court. At the trial, evidence is presented and a decision made about whether the accused is guilty of the crime.

For more serious crimes, the accused person may be able to choose a trial in Criminal Court 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 on the criminal court process, see our information on defending yourself against a criminal charge.

Family and Youth Division handles family and youth cases

Family problems like custody and access, child and spousal support, and family violence cases are dealt with in Family Court. For details, see our information on Family Court.

Youth Court handles criminal cases involving young people aged 12 to 17. Our information on youth justice trials explains proceedings in this court.

Civil disputes under $35,000

In a civil case, one party in a conflict says they suffered damage as a result of conduct of another party. Examples include a contract dispute, a car accident claim, a claim to recover a debt, or a conflict between family members about who inherits property.

In a civil case, one party files court documents to start the lawsuit. The other party can file documents to put forward their own position. If the parties can’t settle their case, it goes to trial, where each side presents evidence and the court decides the outcome of the case.

For civil disputes worth between $5,000 and $35,000, the case can be brought in Small Claims Court. This court is designed for people to act for themselves; for example, all the forms are in plain language. For more, see our information on Small Claims Court.

Claims of $5,000 and less are dealt with by the Civil Resolution Tribunal. This tribunal is an online system people can use without the help of a lawyer.

Traffic Court handles traffic and some other offences

If someone disputes a ticket for a driving offence under provincial laws (such as speeding, distracted driving, or driving without insurance), a hearing will be set in Traffic Court.

This court also handles some other offences under provincial laws, such as trespass or liquor offences, as well as bylaw offences like zoning and building code violations.

BC Supreme Court deals with serious criminal and civil trials

BC Supreme Court handles both criminal and civil cases. This court is where the most serious criminal trials, for murder and treason, are heard. Other serious criminal cases involving drugs, rape and attempted murder are usually tried here too.

For civil cases, Supreme Court hears claims for more than $35,000 and some cases for less than that where the law requires the claim to be brought in Supreme Court. For example, the law requires that a builders’ lien claim or an order for divorce be sought in Supreme Court.

Trials in Supreme Court 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 Court of Appeal hears appeals

The BC Court of Appeal is the highest court in BC. It doesn't hold trials. Instead, this court 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. The Court of Appeal also hears 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.

Canada’s two federal courts

There are two federal courts in Canada: the Federal Court of Canada and the Supreme Court of Canada.

The Federal Court of Canada has two parts and deals with federal laws. It consists of the Federal Court, which is a trial court, and the Federal Court of Appeal. The Federal Court holds trials for cases where the federal government is being sued or the dispute deals with federal laws (such as immigration or income tax laws). The Federal Court of Appeal hears appeals of decisions by the Federal Court.

The Supreme Court of Canada is the highest appeal court in the country. 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.

Common questions

Are courts 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, if you’re quiet and don't disturb the proceeding. Some high-profile trials (such as high-profile murder trials or gang trials) are not completely open to the public. They have intense screening of anyone who wants to attend.

Are there options other than court to resolve a dispute?

Going to court is one way to resolve a dispute. But there are other ways that can be cheaper, faster, and more effective. Learn about options for “alternative dispute resolution” in our information on resolving disputes without going to court.

Who can help

With more information

The BC Provincial Court website features guides on how to handle a case before the court, as well as past court decisions.

The BC Superior Courts website includes information for BC Supreme Court and BC Court of Appeal, including information for self-represented litigants appearing in those courts.

The Justice Education Society provides online help guide websites for all levels of court in BC.

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