The Criminal Court System

The Criminal Court System The provincial court system consists of the provincial and the superior courts of the province. The provincial courts have trial divisions, while the superior courts have both trial and appeal divisions   Provincial Court – the lowest level in the hierarchy of Canadian Courts.

The Provincial Court, Criminal Division Provincial Courts are constituted under the provincial statutes with judges appointed by the provincial government. Cases are tried by judge alone. Divided into separate divisions Criminal, Civil (small Claims) & family Provincial court criminal division hear summary conviction offences and certain indictable offences.

The Provincial Court, Criminal Division Summary Conviction offences- less serious crimes that carry a lighter penalty i.e. Public nudity, or causing a disturbance. Indictable offences – more serious criminal offences with a higher penalty i.e. mischief, theft under $5000 and theft or fraud over $5000 For offences tried in the Provincial Court the accused cannot choose a jury but get tried with judge alone. Provincial court also tries violations of provincial statutes or municipal bylaws.

Preliminary Hearing Provincial Court, Criminal Division conducts all preliminary hearings. These are used to determine if there is enough evidence to put the accused on trial by a higher court. Preliminary Hearings serve as a screening process protecting the accused from an unnecessary trial, or prevent the crown from an expensive unrequired trial. Preliminary Hearing – a judicial inquiry to determine whether there is sufficient evidence to put the accused person on trial.

Appeal Provincial Court can hear an appeal from a summary conviction offence. It’s heard from a single judge of the Superior Court of the province. An appeal from an indictable offence is heard by the appeal division of the Superior Court, comprised of a panel of three or five judges.

Superior Courts Of the Province Highest court of the provincial and civil court system Consists of trial and appeal division Has jurisdiction in both civil and criminal matters that are beyond jurisdiction of the lower courts. Has jurisdiction to hear all offences in s.469 of the code, the most serious crimes i.e. murder, treason These offences must be both judge & jury, unless the accused and attorney General agree to judge alone. Superior Court also tries s.554 offences (breaking /entering, robbery, attempted murder). In s.554 offences the accused can pick either judge & jury, or judge alone.

The Federal Court System Federal Court of Canada consists of a trial division, appeal division, & Supreme Court of Canada. Canada’s highest court of appeal

Federal Court of Canada Has a trial and appeal division. Trial division has jurisdiction over civil claims involving the federal government. Has jurisdiction to hear appeals from federally appointed boards, commissions and administrative tribunals.

Supreme Court Of Canada Canada’s highest court Consists of a chief judge and 8 justices appointed by the federal government. By law – 3 justices must come from Quebec Traditionally – 3 come from ont, 2 from western Canada, 1 from Atlantic Canada Court (in Ottawa) has three sessions a year: winter, spring and fall Cases are heard by a panel of 5, 7 or 9 judges, depending on the appeal The court uses teleconferencing to hear presentation across Canada. Only deals with appeals Because of high volume of cases, the court needs to grant leave, or permission to appeal to Supreme Court. Only hears matters of national significance of when decisions conflict in the provincial appeals courts. The Federal Gov. may ask the Supreme Court of Canada to rule on questions relating to constitutional or federal issues.

Other Courts Tax Court of Canada hears cases dealing with income tax matters Court Martial Appeal Court hears appeals from courts martial in the Armed Forces. Nisga’a Court acts like a provincial court hearing cases from the Nisga’a First Nations