Introduction to the Canadian Judicial System
POLS 3130: Law, Politics, and the Judicial Process
Instructor: Professor Minh Do, Political Science, University of Guelph
Introduction to the Canadian Judicial System
Today's Agenda
Introduction to the course
Law & Politics: What do we mean?
Legal Systems
Types of Law
Prototype of Courts (Shapiro)
Case Study: Roncarelli v. Duplessis (1959)
Course Structure
Welcome to POLS*3130
Course divided into 2 parts
4 assessments focusing on independent learning
In-Class Participation: 30%
Tests: 2 in-class tests (40%), final exam (30%)
Support Services: SAS (Student Accessibility Services)
Teaching Assistants: Emily Gibbons and Margaret Empke
In-Class Participation Expectations
Content: Answer prompts clearly and creatively
Engagement with course materials
Communication: Must be clear and free of errors
Style and Formatting: Follow guidelines provided
Length: Responses must fit within 3-5 minutes of writing time
Law & Politics
Definitions
Law: A system of rules created, applied, and enforced by the state.
Politics: Defined by Harold D. Lasswell as “who gets what, when, and how” relating to the exercise of power.
Interrelationship of Law and Politics
Laws are inherently political since:
State officials are responsible for creating laws.
The judiciary functions as a state institution.
Political actors often appeal to the courts for conflicts.
Legal Systems
Common Law
Emphasizes precedent: Principles derived from previous decisions are observed. This is known as stare decisis.
Incorporates legislation and is characteristic of organic legal frameworks.
Predominantly used in the UK and former commonwealth countries such as the USA, Australia, India, and English Canada.
Civil Law
Features comprehensive codification of laws.
Originated from the Napoleonic Code.
Common in Continental Europe, as well as Central and South America, Asia, Africa, and Quebec.
Types of Law
Overview
There are two main categories of law:
Private Law: Governs disputes between private entities including individuals, groups, and corporations.
Public Law: Governs disputes that involve the state.
Private Law Categories
Torts: Civil wrongs that cause harm orloss.
Contracts: Legally binding agreements between parties.
Family Law: Deals with family-related issues and domestic relations.
Property Law: Governs ownership and tenancy of real and personal property.
Public Law Categories
Constitutional Law: Governs the interpretation and implementation of the constitution.
Criminal Law: Involves prosecution of individuals who commit acts deemed harmful to society.
Administrative Law: Covers regulations created by government agencies.
Tax Law: Deals with taxation policies and enforcement.
Prototype of Courts
Characteristics of an “Ideal” Judiciary
Should be independent and impartial.
Tasked with applying legal rules consistently.
Functions as a check on governmental power.
Case Study: Roncarelli v. Duplessis (1959)
Overview: In this case, Maurice Duplessis, Premier of Quebec, wrongfully revoked the liquor license of Roncarelli, a restaurant owner who had provided bail for many Jehovah’s Witnesses.
Significance: The court discovered it was a gross abuse of legal power aimed at punishing Roncarelli for unrelated acts, intending to damage his economic existence.
Quote from case: “… it was gross abuse of legal power expressly intended to punish him for an act wholly irrelevant to the statute, a punishment which inflicted on him, as it was intended to do, the destruction of his economic life as restaurant keeper within the province.”
Judicial Concepts from Shapiro
The judiciary plays a dual role:
Conflict resolution
Social control
Establishing consent among the populace
Judicial Structure and Jurisdictions
Types of Courts under the Constitution Act, 1867 (BNA Act)
Section 92 Courts:
Administered and appointed by the provincial government.
Handle provincial offences, civil law (small claims), etc.
Section 96 Courts:
Administered by the provincial government but appointed by the federal government.
Handle more serious criminal and civil law issues including appeals from Section 92 courts.
Section 101 Courts:
Administered and appointed by the federal government.
Handle federal matters with national significance.
Section 92 Courts
Considered the “workhorse” of the judicial system.
Jurisdiction includes:
Provincial offences (e.g., Ontario Highway Traffic Act)
Summary criminal offences under the Criminal Code of Canada
Family law (excluding divorce)
Civil law involving small monetary claims.
Section 96 Courts
Have expansive jurisdiction as trial courts (Superior Courts):
Handle appeals from Section 92 courts.
Address serious criminal law charges and complex civil issues such as divorce and custody battles.
Different regional designations:
Supreme Court (BC, NFL, NS, PEI)
Superior Court of Justice (ON)
Superior Court of QC (QC)
Court of King’s Bench (AB, SK, MB, NB)
Section 101 Courts
Pertaining to national matters:
Federal Court handles trials; appeals are managed by the Federal Court of Appeal.
Oversee federal administrative matters like immigration and human rights.
Vital for maintaining federal-provincial relations.
Supreme Court of Canada (SCC)
Designated as the final court of appeal since 1949.
Composed of 9 justices, with specific representation from regions, retiring at age 75.
Titles of justices include:
Chief Justice: The Right Honourable Richard Wagner, P.C.
Others: Honourables Michelle O’Bonsawin, Andromache Karakatsanis, Suzanne Côté, Nicholas Kasirer, Malcolm Rowe, Sheilah L. Martin, Mahmud Jamal, and Mary T. Moreau.
Characteristics of the SCC
Acts primarily as an appellate court with unlimited jurisdiction, covering both public and private laws.
Decisions are binding on all lower courts, ensuring centralization and uniformity in the application of laws across Canada.
Appeal Process
Docket Control
The SCC reviews cases for few appeals as a matter of right and requires leave to appeal for others.
Definition of Appeals:
Appeals as of Right: When an appellate judge dissents on a question of law.
Leave to Appeal: When three-judge panels review applications for appeal.
Public Importance Test for Appeals
Factors that can elevate a case to be heard by the SCC include:
Novelty of the legal issue presented.
Conflict with lower courts’ rulings.
Importance of the statute concerned.
Aboriginal rights considerations.
Need for national standards in judicial processes.
Next Lecture
Topic: The Judicial Process
Aspects to be covered include:
Justiciability
Standing
Mootness
Ripeness
Political Questions
Structure of the Department of Justice (DOJ)