1. Introduction
  2. Provincial/Territorial Courts
  3. Provincial/Territorial Superior Courts
  4. Courts of Appeal
  5. The Federal Courts
  6. Specialized Federal Courts
  7. The supreme court of Canada

Introduction

Canada’s court system is a four-level hierarchy from highest to lowest in terms of legal authority. There are many courts differing in levels of legal superiority and separated by jurisdiction as follow:

  • Provincial Level Courts/Tribunals: Provincial Administrative Tribunals, Provincial Courts, Provincial/Territorial Superior Courts and Provincial Court of Appeal;
  • Federal Level Courts/Tribunal: Federal Administrative Tribunals, Federal Court Trial Division, and Federal Court of Appeal;
  • Tax Court of Canada;
  • The military court and Court Martial Appeal Court and
  • The supreme court is the final court of appeal.

Provincial/Territorial Courts

Each province and territory has a court that hears cases related to federal or provincial/territorial laws. These courts go by different names and divisions but serve the same purpose. They handle criminal offences, family law matters (excluding divorce), cases involving young persons breaking the law, traffic violations, regulatory offences, and small civil claims.

Provincial/Territorial Superior Courts

Each province and territory has superior courts, also known by various names: Superior Court of Justice, Supreme Court, and Court of Queen’s Bench. However, despite the different names, the court system is basically the same nationwide. Superior courts hold “inherent jurisdiction” allowing them to try cases in all areas except those limited to another court level. These courts handle the most serious criminal and civil cases, including divorce and cases involving significant sums of money.

Courts of Appeal

Each province and territory has an appellate court that hears appeals from superior and provincial/territorial courts. The number of judges on these courts may vary, but typically there is a panel of three judges. These courts also handle constitutional questions in appeals involving individuals, governments, or governmental agencies.

The Federal Courts

The Federal Court and Federal Court of Appeal are superior courts with civil jurisdiction created by an Act of Parliament. They only deal with matters specified in federal laws. Provincial and territorial superior courts have jurisdiction in all matters except those specifically excluded by a statute. The Federal Court is the trial-level court; appeals are heard by the Federal Court of Appeal. Judges of both Courts conduct hearings nationwide. Their jurisdiction includes interprovincial and federal-provincial disputes, intellectual property proceedings, citizenship appeals, Competition Act cases, and cases involving Crown corporations or departments of the Government of Canada.

Specialized Federal Courts

The federal government has established specialized courts like the Tax Court of Canada and military courts to better handle certain areas of the law. These courts are created by law and can only make decisions related to the specific jurisdiction granted to them.

The tax court of Canada

The Tax Court of Canada allows individuals and companies to resolve disputes with the federal government regarding federal tax and revenue laws. The court handles disagreements between the government and taxpayers after the taxpayers have exhausted other options under the Income Tax Act. The Tax Court operates independently from the Canada Revenue Agency and other government departments. Its main office is in Ottawa, with regional offices in Montreal, Toronto, and Vancouver.

The military court and Court Martial Appeal

Court Military courts in Canada include the summary trial hearing, court martial (including general court martial and standing court martial), and the Court Martial Appeal Court of Canada. Summary trials are ad hoc hearings used to dispense with minor service offences. The courts martial are conducted and presided over by military personnel and exist for the prosecution of military personnel, as well as civilian personnel who accompany military personnel, accused of violating the Code of Service Discipline, which is found in the National Defense Act and constitutes a complete code of military law applicable to persons under military jurisdiction. The decisions of the courts martial can be appealed to the Court Martial Appeal Court of Canada which, in contrast, exists outside the military and is made up of civilian judges.

This appellate court is the successor of the Court Martial Appeal Board which was created in 1950, presided over by civilian judges and lawyers, and was the first ever civilian-based adjudicating body with authority to review decisions by a military court.

The supreme court of Canada

The Supreme Court of Canada serves as the highest court in the country, ruling on legal disputes in various areas of the law. The Court is made up of a Chief Justice and eight judges appointed by the federal government.