The Court System in Canada

Vocabulary flashcards detailing the structure, jurisdictions, appointments, and processes of the five levels of the Canadian criminal court system.

Five Levels of Court in Canada

The primary court structure outside of civil law, consisting of the Provincial Court – Criminal Division, Provincial Superior Court – Appeals & Trials, Provincial Court of Appeal, Federal Court, and Supreme Court of Canada.

Provincial Court – Criminal Division

The court level that arraigns the accused, holds preliminary hearings for very serious indictable offences, and hears and tries summary conviction offences and less serious indictable offences (e.g., theft under $\$5000$); judges are appointed by provincial governments.

Arraignment

A formal criminal court proceeding in Provincial Court where the charge is read to the accused person and their plea is officially entered.

Preliminary Hearing

A hearing conducted in the Provincial Court for very serious indictable offences to assess the evidence before proceeding to trial.

Provincial Superior Court

The court level that tries the most serious crimes (such as murder and robbery), hears criminal appeals in summary offences, and sets provincial precedents; presided over by a judge alone or a judge and jury, with judges appointed by the federal government.

Provincial Precedent

A legal ruling established by a provincial court (such as the Provincial Superior Court or Provincial Court of Appeal) that creates a new decision that must be followed by other judges within that province.

Provincial Court of Appeal

The final court of appeal within a province; it sets provincial precedents for other judges to follow, has $3$ to $5$ judges to hear appeals, and its judges are appointed by the federal government.

Federal Court

A court divided into two parts (Federal Court and Federal Court of Appeal) that resolves legal disputes involving the federal government and disputes between provinces regarding matters like jurisdiction, immigration, and copyright; its rulings can be appealed to the Supreme Court.

Federal Court of Appeal

The appellate division of the Federal Court system that reviews decisions made by the Federal Court Trial Division before any potential appeal to the Supreme Court of Canada.

Supreme Court of Canada

The highest court of appeal in Canada, possessing unlimited jurisdiction and establishing national precedents; consists of $9$ judges appointed by the federal government who may serve until reaching age $75$.

Conditions for Supreme Court of Canada Appeals

The specific criteria required for an appeal to be heard by Canada's highest court: the legal issue must be of national importance, or an existing law must require interpretation.

National Precedent

A binding legal precedent established across the entire country when the Supreme Court of Canada issues a decision.