intro to Canadas legal system

Judiciary

The third branch of government that exercises its power by rendering decisions in the country's courts.

Inferior courts

Courts that fall into two categories:provincial/territorial and federal, with limited jurisdiction over less serious criminal matters, family and youth matters, and small claims disputes.

Superior courts

Courts that also fall into two categories:provincial/territorial and federal, with inherent jurisdiction to hear all matters and two levels of trial and appeal.

Section 96 courts

Provincial superior courts with judges appointed under section 96 of the Constitution Act, 1867.

Federal courts

Courts constituted under federal legislation with federally appointed judges, including the Federal Court, Federal Court of Appeal, Tax Court of Canada, and Court Martial Appeal Court.

Supreme Court of Canada (SCC)

Canada's highest court and final court of appeal, 3 ways to get there include provincial and territorial courts of appeal, federal court of appeal, and court martial appeal court.

Reserve

Postponing the decision after a hearing to prepare the reasons for judgment.

Majority

The group of justices who form the majority and whose decision becomes the decision of the court in a split decision on appeal.

Dissent

The judgment of one or more justices in the minority in a split decision on appeal.

Judicial independence

The principle that judges should be free to make decisions based on the law and free from outside interference, including security of tenure, financial security, and administrative independence.

Plaintiff

The individual, corporation, or entity who initiates a non-criminal lawsuit.

Defendant

The individual, corporation, or entity who defends a non-criminal lawsuit initiated by the plaintiff.

Appellant

The individual, corporation, or entity who lost at trial and initiates an appeal to a higher court.

Respondent

The individual, corporation, or entity who won at trial and responds to the appellant on an appeal to a higher court.

Judgment

The final outcome or disposition of a dispute heard before the court, including the reasons for judgment.

Decision

The outcome or disposition of a case, the holding in the case, or the entire set of reasons the court gives for its judgment.

Case

Refers to the reasons for judgment or the court process, depending on the context.

Case brief

A summary of a case with the constituent parts of the court's reasons for judgment arranged in a set order.

Evolution of civil liberties in Canada

The legislative protection of civil liberties in Canada due to growing dissatisfaction, influence of the civil rights movement in the United States, dissatisfaction with the Canadian Bill of Rights, and the advent of the Canadian Charter of Rights and Freedoms in 1982.

Bone fide occupational requirement

A legitimate requirement in employment that exists for a legitimate reason and cannot be removed without undue hardship on the employer.

Fee simple

The closest form of absolute ownership of land, entitling the owner to possess, build on, and transfer the property.

Leasehold interest

A form of property ownership that implies an obligation to pay rent.

Mortgage

A charge against land that secures a debt owed by the landowner.

Joint tenancy

A form of co-ownership with the right of survivorship and the "four unities" of possession, interest, time, and title.

Tenancy in common

A form of co-ownership that does not involve the right of survivorship or the four unities, allowing co-owners to transfer their interests during their lifetime or in their will.

Personal property

Tangible and intangible objects, including moveable objects and intangible interests like shares in a company.

Chattels

Tangible, moveable objects such as furniture, equipment, and cars.

How cases come before the SCC

Three ways - leave to appeal, appeals of right, and on a reference.

Qualifications for provincial superior court judge

Being a barrister or advocate of at least ten years standing at the bar of any province and having ten years of experience as a barrister or advocate or serving full-time in a judicial body.

Qualifications for SCC judge

Prior appointment as a judge of the superior court of a province and being a barrister of at least ten years standing at the bar of a province.