1. Canada’s Court System

3. Provincial Courts- Criminal Division
What happens here?
Arraignments
Preliminary hearings
Less serious criminal trials

4. Arraignments The charges are read aloud and the accused enters a plea
Arraignments for all criminal trials are done here

5. Preliminary Hearings
Prelim hearings are done for the more serious indictable offences
The Crown presents some or all of it’s evidence against the accused to a judge at a prelim hearing
The judge determines if there is enough evidence to go to trial
If not, charges will be dismissed

6. Criminal Trials
Provincial Courts try summary conviction offences as well as the least serious indictable offences

7. The Judges
The judges in provincial court are appointed by the provincial governments
A judge alone hears summary convictions offences
For the (less serious) indictable offences heard in this court, the accused may chose between a judge or a jury

8. Provincial Superior Court- Appeals and Trials
What happens here?
The most serious criminal offence trials are tried here
Appeals from the lower Provincial Courts

9. Superior Court Trials
This court hears and tries the most serious (indictable) offences
Ie murder, sexual assault, armed robbery
The Terpstra case from Wingham was tried in Goderich’s Ontario Superior Court of Justice

10. Superior Court Appeals
This court is the first court of appeal for criminal cases coming from the Provincial Courts
ie if you are found guilty of assault, you may appeal the conviction to this court

11. Precedent
The Provincial Superior Courts set provincial precedent- decisions made must be followed by other court judges in that province
Ie A St. Catherine’s Provincial Superior Court may strike down the marijuana laws, so all courts would have to abide by this decision

12. Judges in Superior Court
Judges are appointed by the federal government

13. Provincial Court of Appeal
This is the highest court and final court of appeal in the province. Many appeals stop here.
What happens here?

14. Provincial Court of Appeal
This court hears appeals from the Provincial Superior Courts
Ie if the Ontario government or Health Canada decide to appeal the St. Catherine’s Superior Court ruling on the marijuana laws, this court would hear the appeal.

15. Precedent
Sets provincial precedent

16. The Judges
The judges in this court are appointed by the federal government
Has three to five judges
Decisions do not have to be unanimous

17. Federal Courts
The Federal Court and the Federal Court of Appeal hears disputes involving the federal government
For example issues related to immigration, copyright.
Decisions from the Federal Court of Appeal may be further appealed to the Supreme Court of Canada.

18. Supreme Court of Canada
This is the final court of appeal in Canada.
The SCC only hears appeals that are of great importance or that have to do with a question of law. Ie how to interpret one, decide if one is unconstitutional
The SCC also automatically hears appeals in split decisions on the Provincial Court of Appeal
Hears appeals from Federal Court of Appeal

19. Precedent
The Supreme Court of Canada is Canada’s highest court and thus sets national precedents
All courts in all provinces and territories must follow decisions

20. The Judges Judges in the SCC are appointed by the federal government
Supreme Court decisions may be either unanimous or majority