Chapter 7 - Judiciary Branch of Government

Define court

Court is a state sanctioned forum where disputes between opposing litigants are formally adjudicated

What are the three types of courts in Canada?

Inferior, Superior and Supreme

What are defined as inferior courts?

Provincial and territorial courts whose jurisdiction is limited to the less serious criminal matters, family and youth matters, and small claims disputes

What little known court system is part of the inferior court classification?

The federal courts martial; part of the military court system

What may be referred to as a section 96 court and why?

Provincial superior courts because their judges are appointed under section 96 of the Constitution Act, 1867

Define the provincial superior court system

Provincially constituted courts with inherent jurisdiction to hear all matters (unless taken away by legislation)

What are the two levels of provincial superior court?

Trial and appeal (some provinces only refer to the trial level)

What are the four federal courts?

- Federal Court

- Federal Court of Appeals

- Tax Court of Canada

- Court Martial Appeal Court

What are the Territorial Superior Courts

Federally constituted superior courts with jurisdiction in the territories

What kind of court may the Supreme Court of Canada be classified as?

Federal Superior Court

When did the Supreme Court of Canada run as Canada's General Court of Appeals?

1875-1949

In 1949, Canada's General Court of Appeals became what label of court of appeals

Final Court of Appeals

What is Canada's highest court and final court of appeal?

Supreme Court of Canada

What is puisne a term for? Give one example

Applied to describe judges who rank below another judge or judges on the same court

Ex. The judges below the chief justice on an appeal court

What are the three ways cases may go before the Supreme Court of Canada

1. Leave to appeal

2. Appeal as of right

3. On a reference

Briefly describe the leave to appeal process to go before the SCC

When a court grants a party leave to appeal their case on the SCC. Applicants must file written submissions with the court.

The case submissions in the "Leave of appeal" process gets considered by one of three panels selected by whom?

The Chief of Justice

The SCC may grant leave to appeal if it id of the opinion that the case involves what three factors?

1. A matter of public importance

2. A significant legal question

3. Any other matter the Court believes warrants its attention

What constitutional matters have the greatest chance of success on a leave application?

Civil liberties or Aboriginal rights

Important matters in criminal, administrative, or private law

What is the most common way a case goes before the SCC?

Leave to appeal

Which process of going before the SCC doesn't need a prior leave application

Appeal of right

What are the circumstances under which an appeal of right exists for an accused person?

1. The person is convicted of an indictable offence at trial, and the conviction is upheld by the Court of Appeal, but one of the judges dissents on a question of law

2. The person is acquitted of an indictable offence at trial, but the Court of Appeal sets aside the acquittal and substitutes a guilty verdict

Which section of the Criminal Code identifies the cases that don't need prior leave of appeal?

Section 691

If there is no prescribed right of appeal, an accused can still use what process to submit an appeal?

Leave to appeal

Section 52 of what Act provides the third way for a matter to go before the SCC?

The Supreme Court Act

What is one differentiation factor within the "Appeal on a Reference" method of going before the SCC

Unlike the two other method, appeal on a reference is not depending on an existing legal action in a lower court

Give a brief description of how someone may get a reference to go before the SCC

A special case in which the executive branch of government refers a question of law, usually a question concerning the constitutionality of a statute or course of action the government is considering, to a court

What documents are needed before an appeal is heard to help Supreme Court judges prepare for it?

- Trial transcripts

- The facta of all parties, which contain the written legal arguments to be presented on the appeal

- A book of authorities containing copies of all precedent cases, statutes, and secondary sources (such as excerpts from books and articles)

What is dissent?

(In the context of a split decision on appeal) refers to the judgement of one or more justices in the minority

Define Facta

Written legal arguments to be presented on an appeal

Who are intervenors?

Persons or groups who are not parties to the lawsuit but can participate in the hearing with the court's permission

What is responsible for the application and interpretation of the law within the judiciary branch of government?

The separation of powers doctrine

What is the open court principle?

Judicial proceedings should be administered in public

What federally constituted superior courts have jurisdiction in the territories?

Territorial Superior Courts

Which level of court is the highest at the provincial level?

Provincial Court of Appeals

What is the difference between the terms "section 96 courts" and "territorial superior courts"?

Section 96 courts are provincial superior courts with judges appointed under section 96 of the Constitution Act 1867, while territorial superior courts are federally constituted and have jurisdiction in the territories

What title is given to the judge in highest rank over the other 8 in the supreme court?

Chief Justice of Canada

The Supreme Court of Canada often heard private law appeals until what year?

1970

What is the difference between the terms "King's Privy Council for Canada" and "Supreme Court of Canada"

Kings Privy Council for Canada is primarily an advisory body to the governor general, with its active component being the federal Cabinet

The Supreme Court of Canada is the highest judicial authority in the country, serving as the final court of appeal

Therapeutic Courts are part of what court system?

Inferior courts