Lec 1 - Introduction to Legal System

Who can attend the courtroom?

Open to the public unless the judge deems otherwise due to sensitivity of case

What are the different types of matter a court may hear?

1. Civil Matter

   • related to money (ex: suing someone)

2. Criminal Matter

   • assault, manslaughter, etc.

3. Administrative Matter

   • related to human right laws

   • have to fall under protective grounds to be considered in this and need to file a proper claim

     • ex: fired due to pregnancy

4. Family Matters

   • divorce, child welfare, spousal/child support

What does the colour of sash determine?

Determines the order of people in court

What is the provincial court system in Alberta? **on exam

1. Alberta Court of Justice (lowest/initial level)

2. Court of King’s Bench of Alberta

3. Alberta Court of Appeal (highest)

What are the former names of these courts? ^

1. Alberta Court of Justice was formerly called the Provincial Court of Alberta

2. Court of King’s Bench of Alberta was queen’s bench

   • name change happened automatically after queen died due to an existing act

What is Canlii?

Free resource with case names, documents, acts, commentary, etc.

• it is jurisdiction-federal/provincial

• reported decisions on here

When did Court of Justice Act come into place?

RSA 2000 - revised statues of Alberta 2000

What kind of cases/matters are heard in court of justice?

Majority of criminal and civil cases in Alberta

• also traffic, regulatory, and bylaw enforcement hearings

• claims involving less than $10 000

This court is assigned certain matters - like specialist

What is judges attires and how are they appointed in court of justice?

Judges wear robes and blue sashes

Judges appointed by the Provincial Government

When did Court of King’s Bench Act come into place?

RSA 2000, c C-31

What kind of cases/matters are heard in court of king’s bench?

Superior Trial Court

• civil and criminal matters

• appeals from the Provincial Court Decisions

• essentially all matters heard here

What is judges attires and how are they appointed in court of justice?

Red Sashes

Justices/judges appointed by the Federal government

sashes mc

When did Court of Appeal Act come into place?

RSA 2000, c C-30

What kind of cases/matters are heard in Alberta Court of Appeal?

Highest court in Alberta

• hears appeals from the Court of King’s Bench

• if Court of Appeal decision is appeal, seek leave to appeal to the Supreme Court of Canada

What is Appeal as of right?

The automatic right to have a case heard by the Supreme Court in some criminal cases where one judge on the court of appeal has dissented on a point of law. This means the appellant does not need to apply to the Court for permission to have their case heard

Simple terms:

• In some criminal cases, if one judge in the Court of Appeal disagrees (dissents) with the others about a point of law, then the person appealing (the appellant) automatically has the right to take their case to the Supreme Court. Don’t need permission from court - straight to Supreme Court

How are Court of Appeal judges appointed?

Justices appointed by the federal government

• Minister of justice (provincial or federal) decides who the judges are

Panel of judges where majority rules

What/who are part of the courtroom?

1. Judge

2. Clerk (middleman between lawyers and judge)

3. Podium (where you speak)

4. Counsel Table (need permission to sit there if not a lawyer)

5. Witness (sitting on counsel table)

6. CCTV (if inmate can’t be present they come on the TV)

7. The Bar (figurative and literal in the sense you have to pass it)

Who are the parties in a courtroom for a criminal matter? **on exam

Criminal-prosecutor

• acting in public interest and proceeding on charge laid by police

• can decide to proceed or withdraw a charge

Accused

• person being charged

Defence Counsel

• represents the accused

Witness

Who are the parties in a courtroom for a civil matter? **on exam

Civil-plaintiff

• starts the action such as suing

Defendant

• responds to the plaintiff

Witness

What is public ban?

Judge can close courts and decide what information can be disclosed to the public

• no cameras in courtroom

How to address the court?

To address the judge say: Justice (last name)

What are the unwritten rules in for court decorum?

Senior lawyers go first in the courtroom (respecting longevity)

• the other counsel/lawyers

What is KC?

King’s Counsel (queen’s counsel in the past)

• A title to recognize and honour senior members of the profession - a designation that is highly sought out after and can be applied after 10 year mark

KC is more important than senior lawyer

• hence they get to go first

What is the Supreme Court of Canada?

Highest court in Canada

• includes 9 judges including the chief justice

• majority rules with uneven number

Hear appeals from Appellate Courts all across Canada

• last resort for appeals in Canada / decision is kinda final here

What matters does supreme court listen to?

They decide what matters they will hear

• appeal as of right

• public importance matters: law isn’t clear, to develop all branches of law in future

Dissenting decision in supreme court of canada?

A dissenting decision in the Supreme Court of Canada (or any appellate court) is a legal opinion written by one or more judges who disagree with the majority decision of the court.

• not binding

• can persuasive for future arguments

• public record

• may become law later if court agrees

What is the court’s authority?

Depends on the courts legislation

• can impose sanction / jail time - refer to the legislation as they have a range/limit

• sentencing in criminal matters

• fines

• decision from appeals

What are some sport related disputes?

• team selection

• doping

• awarding of medals

• sport governance

• carding (refers to an athlete being approved for financial support)

Where are sport related disputes heard?

• Court of Arbitration for Sport (CAS) - international body

• Sports Dispute Resolution Centre of Canada

• Sport Governing Bodies (local, provincial, national, international)