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The Court System for Family Matters (view source)
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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
There are three levels of court in British Columbia, the Provincial Court, the Supreme Court and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts; the Court of Appeal only hears appeals. The Provincial Court has limited authority, but the Supreme Court and the Court of Appeal are our province's superior courts and their jurisdiction is limited only by their rules and the constitution. | There are three levels of court in British Columbia, the Provincial Court, the Supreme Court and the Court of Appeal. Above all of these courts is the Supreme Court of Canada, the highest court in Canada. The Provincial Court and the Supreme Court are trial courts; the Court of Appeal only hears appeals. The Provincial Court has limited authority, but the Supreme Court and the Court of Appeal are our province's superior courts and their jurisdiction is limited only by their rules and the constitution. | ||
These pages provide an overview | These pages provide an overview of the Provincial Court, the Supreme Court and the Court of Appeal and their processes. | ||
==Introduction== | ==Introduction== | ||
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As the rule of law became more and more important in maintaining a civil society, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them called judges. Eventually the monarchy got out of the business altogether, and left the hearing of petitions only to the judges. The English court system became more complex as time went on, and different types of courts, like the Courts of Equity and the Courts of the Exchequer, were eventually set up to deal with different kinds of problems. | As the rule of law became more and more important in maintaining a civil society, kings and queens began to farm out the job of hearing petitions to people specially appointed to hear them called judges. Eventually the monarchy got out of the business altogether, and left the hearing of petitions only to the judges. The English court system became more complex as time went on, and different types of courts, like the Courts of Equity and the Courts of the Exchequer, were eventually set up to deal with different kinds of problems. | ||
The English court system was | The English court system was brought to British Columbia when the colonies of Vancouver Island and British Columbia were founded in the middle of the nineteenth century. Our local court system was brought into the Canadian system when British Columbia entered confederation in 1871. | ||
The fundamental purpose of the courts today is the same as it was then, to resolve disputes. We still use a lot of the same terms that were used hundreds of years ago — there's even a court form called a Petition — although we've merged the different types of courts into a single system with the authority to decide every sort of problem. | The fundamental purpose of the courts today is the same as it was then, to resolve disputes. We still use a lot of the same terms that were used hundreds of years ago — there's even a court form called a Petition — although we've merged the different types of courts into a single system with the authority to decide every sort of problem. | ||
Our courts deal with all manner of disputes, from the government's complaint that someone has committed a crime, to a property owner's complaint that someone has trespassed on his or her property, to an employee's complaint of wrongful dismissal, to a driver's complaint that someone else was responsible for an accident and the damage the accident caused. The job of the judge is to hear each case and decide what an appropriate and fair solution should be, in a | Our courts deal with all manner of disputes, from the government's complaint that someone has committed a crime, to a property owner's complaint that someone has trespassed on his or her property, to an employee's complaint of wrongful dismissal, to a driver's complaint that someone else was responsible for an accident and the damage the accident caused. The job of the judge is to hear each case and decide what an appropriate and fair solution should be, in a fair, impartial and unbiased manner, free from any interference by the government. | ||
===The Courts of British Columbia=== | ===The Courts of British Columbia=== | ||
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Each successive level of court is "superior" to the other, with the Provincial Court being the lowest level of court and the Court of Appeal being the highest. Above our Court of Appeal is the Supreme Court of Canada, which deals with cases from all of the courts of appeal across Canada. | Each successive level of court is "superior" to the other, with the Provincial Court being the lowest level of court and the Court of Appeal being the highest. Above our Court of Appeal is the Supreme Court of Canada, which deals with cases from all of the courts of appeal across Canada. | ||
The Provincial Court and the Supreme Court of British Columbia are where the bulk of family law proceedings are heard. The Court of Appeal and the Supreme Court of Canada only hear appeals of decisions made by the lower courts. As a result, only a few family law cases are brought to the Court of Appeal. Fewer still are brought to the Supreme Court of Canada, partly because that court must give permission to hear appeals in non-criminal cases and partly because it can cost a great deal of money to take a case that far. Appeals generally tend to be complicated and fairly expensive, | The Provincial Court and the Supreme Court of British Columbia are where the bulk of family law court proceedings are heard. The Court of Appeal and the Supreme Court of Canada only hear appeals of decisions made by the lower courts. As a result, only a few family law cases are brought to the Court of Appeal. Fewer still are brought to the Supreme Court of Canada, partly because that court must give permission to hear appeals in non-criminal cases and partly because it can cost a great deal of money to take a case that far. Appeals generally tend to be complicated and fairly expensive, which generally discourage carrying cases beyond trial. | ||
===Making the Choice of Forum=== | ===Making the Choice of Forum=== | ||
There are important differences between | There are important differences between the Provincial Court and the Supreme Court. Deciding in which court to start a proceeding is called making the ''choice of forum''. | ||
The Provincial Court can only deal with issues relating to parenting and the care of children, child support, spousal support and protection orders. The Supreme Court has the authority to deal with all of those issues as well, but only the Supreme Court can | The Provincial Court can only deal with issues relating to parenting and the care of children, child support, spousal support and protection orders. The Supreme Court has the authority to deal with all of those issues as well, but only the Supreme Court can make an order for divorce, make other orders under the ''Divorce Act'', or mke orders about the division of family property and family debts. | ||
The rules of the Supreme Court can be very complicated and fees are charged for common activities, like starting a court proceeding, making an application or hearing a trial. The rules of the Provincial Court are more straightforward and no fees are charged. | |||
It is possible to start a proceeding in the Provincial Court to deal with things like child support and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. However | It is possible to start a proceeding in the Provincial Court to deal with things like child support and then start a proceeding in the Supreme Court to get a divorce and deal with things like property. However it can confusing to manage two court proceedings, and you have to be careful not to bring up issues in one court that are being dealt with by the other court. | ||
==Provincial Court== | ==Provincial Court== | ||
The Provincial Court is usually the most accessible court for people who aren't represented by a lawyer. The rules which govern the court's process are written in easy-to-understand language, the court doesn't charge any filing fees, and | The Provincial Court is usually the most accessible court for people who aren't represented by a lawyer. The rules which govern the court's process are written in easy-to-understand language, the court doesn't charge any filing fees, and most people who use the Provincial Court don't have a lawyer. There are also a lot more courthouses across the province for the Provincial Court than there are for the Supreme Court. | ||
There are four divisions of the Provincial | There are four divisions of the Provincial Court. Provincial (Family) Court is the one that deals with family law problems. | ||
=== | ===Jurisdiction=== | ||
The Provincial Court can only deal with claims for orders under the ''Family Law Act'' and the ''Interjurisdictional Support Orders Act''. The Provincial Court does not have the jurisdiction to make orders for the division of family property or family debt, the management of children's property or financial restraining orders, and cannot make orders under the ''Divorce Act''. The Provincial Court cannot make declarations about the parentage of a child except in | The Provincial Court can only deal with claims for orders under the ''Family Law Act'' and the ''Interjurisdictional Support Orders Act''. The Provincial Court does not have the jurisdiction to make orders for the division of family property or family debt, the management of children's property or financial restraining orders, and cannot make orders under the ''Divorce Act''. The Provincial Court cannot make declarations about the parentage of a child except in necessary to deal with another claim about children, like a claim for child support or guardianship. | ||
The Provincial Court can hear claims about these issues: | The Provincial Court can hear claims about these issues: | ||