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77-408: The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada . Some of the courts are federal in nature, while others are provincial or territorial. The Constitution of Canada gives the federal Parliament of Canada exclusive jurisdiction in criminal law , while

154-485: A courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on

231-510: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or

308-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over

385-520: A Provincial (or Territorial) Court, to hear certain types of cases. For historical reasons, these courts are sometimes referred to as "inferior courts", indicating their position in the judicial hierarchy as subject to the superior courts. The term is not a commentary on their professionalism or expertise. In Nunavut, the functions of superior and territorial court are combined in the Nunavut Court of Justice . Appeals from these courts are heard either by

462-483: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs

539-510: A breakdown of a relationship, and these matters consequently go to the Court of King’s Bench. The Civil Division of the Alberta Court of Justice provides a means to resolve private disputes, including landlord and tenant matters. The maximum amount that may be claimed in the Alberta Court of Justice's civil division is $ 100,000. If the claims exceed $ 100,000 or involve matters that cannot be heard in

616-400: A court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as

693-636: A fair result. Rather, the Tax Court can only make decisions based on its interpretation of the legislation. The first federal court was the Exchequer Court of Canada, created in 1875 at the same time as the Supreme Court of Canada. The Exchequer Court was a trial court, with a limited jurisdiction over civil actions brought against the federal government, tax disputes under federal tax laws, admiralty matters, compensation for expropriation of private property by

770-479: A federal court, it lacks the power to deal with disputes relating to provincial income taxes and provincial sales taxes, and has no jurisdiction to grant any relief where a taxpayer wishes to sue the Canada Revenue Agency for damages. Lastly, the Tax Court's powers are also limited by the statutes that impose the tax in dispute. The Tax Court is not empowered to make decisions on the basis that they will yield

847-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to

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924-456: A province, or between different provinces, provided the province in question has passed corresponding legislation granting the Federal Court jurisdiction over the dispute. The Federal Court have the power to review decisions, orders, and other administrative actions of most federal boards, commissions, and tribunals. That means most federal government administrative decisions can be challenged in

1001-471: A statute specifically provides for review or appeal. The term is not limited to trial courts. The provincial courts of appeal and the Federal Court of Appeal are also superior courts. The more limited sense is that "Superior Court" can be used to refer to the superior trial court of original jurisdiction in the Province. This terminology is used in the court systems of Ontario and Quebec. The difference between

1078-582: Is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . The practical authority given to the court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of

1155-513: Is bound by the rulings of the courts above them, under the principle of stare decisis . They are not bound by the rulings of other courts at the same level in the hierarchy, or of higher cour s in a different branch of the hierarchy (for example, an appeals court in a different province from the trial court). There are two terms used in describing the Canadian court structure which can be confusing for which clear definitions are useful. The first

1232-530: Is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on

1309-426: Is limited to matters which are governed by existing federal laws. The Federal Court has concurrent jurisdiction with the provincial superior courts over claims against the federal government, and review of the constitutional validity of federal laws. The Federal Court of Appeal hears appeals from decisions rendered by the Federal Court, the Tax Court of Canada and a certain group of federal administrative tribunals like

1386-482: Is the highest court of its respective province or territory. The chief justice of each province or territory's court of appeal is styled the province or territory's chief justice . The superior trial courts of the provinces and territories have inherent jurisdiction over civil and criminal matters, except where that jurisdiction is limited by statute. Though statutes grant authority over small claims, some family claims, and almost all criminal matters to provincial courts,

1463-481: Is the term "provincial court", which has two quite different meanings, depending on context. The first, and most general meaning, is that a provincial court is a court established by the legislature of a province, under its constitutional authority over the administration of justice in the province, set out in s. 92(14) of the Constitution Act, 1867 . This head of power gives the provinces the power to regulate "...

1540-539: The Federal Court , Federal Court of Appeal , and Tax Court . There are also the courts martial, for military offences, with an appeal to the Court Martial Appeal Court . The jurisdiction of the Federal Court and the Federal Court of Appeal is limited to cases where the subject matter is within federal jurisdiction and regulated by federal law, and where the administration of that law has been conferred upon

1617-784: The National Energy Board and the Canada Industrial Relations Board . All judges of the Federal Court are ex officio judges of the Federal Court of Appeal, and vice versa, although it is rare that a judge of one court will sit as a member of the other. The Federal Court of Appeal is a travelling court. The judges of the Court sit in panels of three, and hear cases in English and in French in 18 cities, from Vancouver to St. John's , including locations in northern Canada. The Federal Court exists primarily to review administrative decisions by federal government bodies such as

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1694-498: The Nunavut Court of Justice is akin to a combined superior court and territorial court. The second is the term "superior courts". This term also has two different meanings, one general and one specific. The general meaning is that a superior court is a court of inherent jurisdiction. Historically, these courts are the descendants of the royal superior courts in England. The decisions of a superior court are not subject to review unless

1771-556: The Nunavut Court of Justice , unlike the situation in the provinces and other territories. The Supreme Court is established by the Supreme Court Act as the "General Court of Appeal for Canada". The Court consists of nine justices, which include the Chief Justice of Canada and eight puisne justices. The court's duties include hearing appeals of decisions from the appellate courts and, on occasion, delivering references ( i.e. ,

1848-549: The Supreme Court Act which abolished all appeals to the Judicial Committee, making the Supreme Court of Canada the final court of appeal. However, cases which had been instituted in the lower courts prior to the amendment could still be appealed to the Judicial Committee. The last Canadian appeal to the Judicial Committee was not decided until 1960. These courts of appeal exist at the provincial and territorial levels. They are superior courts and were separately constituted in

1925-624: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of

2002-410: The immigration board and to hear lawsuits under the federal government's jurisdiction such as intellectual property and maritime law . It also has concurrent jurisdiction with the superior trial courts of the provinces to hear civil lawsuits brought against the federal government. The Federal Court also has jurisdiction to determine inter-jurisdictional legal actions between the federal government and

2079-479: The "Provincial Court" is the term used to refer to a specific court created by the province which is the main criminal court, having jurisdiction over most criminal offences except for the most serious ones. The Provincial Court of a particular province may also have a limited civil jurisdiction, over small claims and some family law matters. The exact scope of the jurisdiction of the Provincial Court will depend on

2156-585: The "Supreme Court", they are not the highest courts in their respective province or territory. Most provinces and territories have special courts dealing with small claims. The value of such claims varies between $ 15,000 and $ 50,000. Some are divisions of superior courts, while in other provinces they are lower courts or divisions of lower courts. Parties often represent themselves, without lawyers, in these courts. Each province and territory in Canada (other than Nunavut) also has an additional trial court, usually called

2233-508: The Conservative government of Sir John A. Macdonald proposed the creation of a Supreme Court and introduced two bills in successive sessions of Parliament to trigger public debate on the proposed court and its powers. Eventually, in 1875, the Liberal government of Alexander Mackenzie passed an Act of Parliament that established the Supreme Court. The 1875 Act built upon the proposals introduced by

2310-532: The Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts". All courts created by a province, from the small claims court or municipal by-law court, up to the provincial court of appeal, are "provincial courts" in this general sense. However, there is a more limited meaning to the term. In most provinces,

2387-455: The Court of Justice. The Alberta Court of Justice's traffic division deals with offences pursuant to many provincial statutes and regulations, municipal bylaws and a few specified federal statutes. In spite of its name, Traffic Court is not limited to only hearing traffic-related offences. Trials in Traffic Court, whether involving an adult or a young person, are usually heard by a Justice of

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2464-532: The Court of King's Bench ( Cour du Banc du Roi ); and in Newfoundland and Labrador, British Columbia, Nova Scotia, Prince Edward Island, Yukon, and the Northwest Territories as the Supreme Court ( Cour suprême ). The term "Supreme Court" can be confusing as it could suggest a final appellate court, like the Supreme Court of Canada; each province has an appellate court with an appellate jurisdiction from

2541-500: The Federal Court to the Federal Court of Appeal. The Tax Court of Canada has a very specialized jurisdiction. It hears disputes over federal taxes, primarily under the federal Income Tax Act , between taxpayers and the federal government. Also, for most people that live in Canada, it is the Tax Court's power to hear appeals under the Income Tax Act . The Tax Court has the jurisdiction to hear appeals under various statutes. However, as

2618-468: The Federal Court was significantly greater than the Exchequer Court, as it received the power to review decisions of federal administrative officials and tribunals. That Court had two divisions: the Federal Court – Trial Division, and the Federal Court – Appeal Division. Although the two divisions had different functions, they were all part of a single court. The Exchequer Court and then the Federal Court initially had exclusive jurisdiction over claims against

2695-417: The Federal Court. Also with the Federal Court, the system may refer back to questions of law, jurisdiction, or price to one of the federal courts at any stage of proceeding. In the aftermath of 9/11, Parliament enacted a number of laws to protect national security. The Federal Court has exclusive jurisdiction to determine many issues which arise under those laws relating to national security. Appeals lie from

2772-616: The Judicial Committee eventually was tested in the courts. In 1926, the Judicial Committee ruled that the Canadian Parliament lacked the jurisdiction to extinguish appeals to the Judicial Committee, as the right of appeal was founded in the royal prerogative and could only be terminated by the Imperial Parliament. Following the enactment of the Statute of Westminster , in 1933 the federal Parliament passed legislation again abolishing

2849-532: The Judicial Committee. That clause resulted in the Governor General reserving the bill for consideration by the Queen-in-Council. After much debate between Canadian and British officials, royal assent was granted on the understanding the clause did not in fact affect the royal prerogative to hear appeals, exercised through the Judicial Committee. The question of the power of Parliament to abolish appeals to

2926-491: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply

3003-444: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply

3080-583: The Macdonald government, and passed with all-party support. Initially, decisions of the Supreme Court could be appealed to the Judicial Committee of the British Privy Council . As well, litigants could appeal directly from the provincial courts of appeal directly to the Judicial Committee, by-passing the Supreme Court entirely. There was a provision in the 1875 Act which attempted to limit appeals to

3157-484: The Peace. However, in some situations or locations trials are heard by a Justice of the Court of Justice. Justices in the Alberta Court of Justice's family division hear applications for child and spousal support, parenting arrangements, private guardianship and all child protection cases. The Alberta Court of Justice does not have jurisdiction to decide divorce applications or claims with respect to property rights arising from

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3234-798: The Provincial court of Alberta, it established in 1978 by the Provincial Court Act . In August 2023, it was officially renamed the Alberta Court of Justice . This legislation combined the previous Magistrates Court, the Juvenile Court, the Small Claims Court, and the Family Court into one institution. The court is led by the Chief Justice of the Alberta Court of Justice, who is appointed by

3311-494: The Supreme Court of Canada, there are three civil courts created by the federal Parliament under its legislative authority under section 101 of the Constitution Act, 1867 : the Federal Court of Appeal , the Federal Court , and the Tax Court of Canada . There is also the military court system of courts martial, with an appeal to the Court Martial Appeal Court of Canada . Parliament's ability to grant jurisdiction to federal courts

3388-504: The Supreme Court would sit as a judge of the Exchequer Court, with an appeal lying to the Supreme Court. The Exchequer Court did not have any jurisdiction to review the actions of federal administrative agencies; this function was fulfilled by the provincial superior trial courts. In 1971, Parliament passed the Federal Court Act which abolished the Exchequer Court and created a new court, the Federal Court of Canada. The jurisdiction of

3465-526: The appellate courts, are appointed and paid by the federal government. Many of these courts have specialized branches that deal only with certain matters such as family law or, in the case of Ontario, a Divisional Court which only appeals and judicial reviews of administrative tribunals and whose decisions have greater binding authority than those from the "regular" branch of the Ontario Superior Court of Justice. Although some of these courts are named

3542-679: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as

3619-447: The central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur

3696-409: The court's opinion) on constitutional questions raised by the federal government. By law, three of the nine justices are appointed from Quebec because of Quebec's use of civil law ; by convention, the other justices are divided among the other regions of Canada. The Constitution Act, 1867 gives the federal Parliament the power to create a "General Court of Appeal for Canada". Following Confederation,

3773-663: The decisions of administrative tribunals. In the province of Ontario, most municipal and provincial offences are dealt with in the Provincial Offences Court, established under the Ontario Provincial Offences Act and the Courts of Justice Act . Quebec also has a system of municipal courts that hear cases such as municipal and traffic infractions. Municipal courts in large cities such as Montreal and Quebec City may also hear minor criminal cases. In addition to

3850-448: The early decades of the 20th century, replacing the former full courts of the old supreme courts of the provinces. Their function is to hear appeals from decisions rendered by the trial courts and to deliver references when requested by a provincial or territorial government as the Supreme Court of Canada does for the federal government. These appellate courts do not normally conduct trials or hear witnesses. Each of these appellate courts

3927-623: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created

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4004-464: The federal Crown, negligence of federal public servants, and intellectual property, including patents and copyright. The name of the court came from the Exchequer Court of England , which had a similar jurisdiction over tax disputes. At first, there were no separate judges for the Exchequer Court. The judges of the Supreme Court of Canada were also appointed to the Exchequer Court. Individual judges of

4081-412: The federal courts by a statute passed by Parliament. These matters include immigration and refugee law, navigation and shipping, intellectual property, federal taxation, some portions of competition law and certain aspects of national security, as well as the review of most federal administrative decisions. The federal courts and provincial and territorial courts share jurisdiction over civil actions against

4158-472: The federal government, but this jurisdiction was made concurrent with the provincial superior courts by amendments to the Federal Courts Act in 1990. In 2003, Parliament passed legislation which divided the Federal Court into two courts. The Federal Court – Trial Division became the Federal Court of Canada, while the Federal Court – Appeal Division became the Federal Court of Appeal. The jurisdiction of

4235-508: The federal government. The Supreme Court of Canada is the final court of appeal for all levels of court in Canada. Any legal issue, whether under the Constitution of Canada, federal law, or provincial law, potentially can be heard and determined by the Supreme Court. The federal government appoints and pays for both the judges of the federal courts and the judges of the superior appellate and trial level courts of each province. The provincial governments are responsible for appointing judges of

4312-567: The former lay magistrates ' courts. The courts martial are conducted and presided over by military personnel and exist for the prosecution of military personnel, as well as civilian personnel who accompany military personnel, accused of violating the Code of Service Discipline , which is found in the National Defence Act and constitutes a complete code of military law applicable to persons under military jurisdiction. Court A court

4389-415: The judicial system and are generally private arbitrators , are depicted within the court show genre; however, the courts depicted have been criticized as misrepresenting real-life courts of law and the true nature of the legal system. Notable court shows include: Alberta Court of Justice Although Alberta’s provincial court system has been in operation for more than a century, originally known as

4466-420: The laws enacted by the particular province. Provincial Courts in this sense are courts of limited statutory jurisdiction, sometimes referred to as "inferior courts". As courts of limited jurisdiction, their decisions are potentially subject to judicial review by the superior courts via the prerogative writs, but in most cases there are now well-established statutory rights of appeal instead. To distinguish between

4543-422: The lower provincial courts. Although not judicial courts themselves, administrative tribunals also feed into the provincial/territorial and federal court hierarchies. This intricate interweaving of federal and provincial powers is typical of the Canadian constitution. Generally speaking, Canada 's court system is a four-level hierarchy, as shown below from highest to lowest in terms of legal authority. Each court

4620-517: The majority of criminal and civil cases in Alberta. All of Alberta’s criminal cases start in the Court of Justice, and 95 percent conclude there. Many traffic, regulatory and bylaw enforcement hearings take place at the Alberta Court of Justice. Most civil cases also take place in the Court of Justice, including cases involving landlord and tenant and claims involving less than $ 100,000. A majority of family law cases and child protection cases are also heard by

4697-509: The occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from

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4774-479: The provinces have exclusive control over much of civil law. Each province has authority over the administration of justice within that province. Most cases are heard in provincial and territorial courts . Provincial and territorial superior courts have inherent jurisdiction over civil and criminal cases. Provincial and territorial lower courts try most criminal offences, small civil claims, and some family matters. The smaller federal court system consists of

4851-501: The provincial government to serve a seven-year term. There are more than 130 full-time Justices in the Alberta Court of Justice, working out of more than 70 locations across the province. The Alberta Court of Justice is an inferior court of first instance in Alberta, which means decisions from the Court of Justice may be appealed at the Court of King's Bench of Alberta and/or the Court of Appeal of Alberta . The Alberta Court of Justice hears

4928-459: The right of appeal in criminal matters. In 1935, the Judicial Committee upheld the constitutional validity of that amendment. In 1939, the federal government proposed a reference to the Supreme Court of Canada, asking whether the federal Parliament could terminate all appeals to the Judicial Committee. By a 4–2 decision, the Supreme Court held that the proposal was within the powers of the federal Parliament and would be constitutional. The question

5005-725: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of

5082-466: The same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In the United States, the legal authority of

5159-547: The successors of older local courts presided over by lay magistrates and justices of the peace who did not necessarily have formal legal training. However, today all judges are legally trained, although justices of the peace may not be. Many inferior courts have specialized functions, such as hearing only criminal law matters, youth matters, family law matters, small claims matters, "quasi-criminal" offences (i.e., violations of provincial statutes), or bylaw infractions. In some jurisdictions these courts serve as an appeal division from

5236-475: The summary trial hearing, court martial (including general court martial and standing court martial), and the Court Martial Appeal Court of Canada. Summary trials are ad hoc hearings used to dispense with minor service offences. The Presiding Officer will have little formal legal training and is generally the service member's Commanding Officer . In this respect, these hearings are similar to

5313-487: The superior trial court of the province or territory or by the provincial or territorial court of appeal. In criminal cases, this depends on the seriousness of the offence. Preliminary hearings are normally held in provincial courts prior to the case being transferred to superior court for trial. These courts are created by provincial statute and only have the jurisdiction granted by statute. Accordingly, inferior courts do not have inherent jurisdiction . These courts are usually

5390-527: The superior trial court. Certain superior courts include specialized commercial court programs. The Superior Court in Toronto has a Commercial List created in 1991, a team of judges who have experience in managing complex commercial litigation. The Superior Court in Montreal has a Commercial Division. The Court of the King's Bench of Alberta has a Commercial List. In Nunavut, there is a single unified trial court,

5467-527: The superior trial courts remain the courts of first instance for divorce petitions, any civil claims, and criminal prosecutions for some indictable offences . They also hear appeals from the lower trial court and decide upon petitions for judicial review of decisions of administrative agencies such as labour relations boards, human rights tribunals and licensing authorities. Superior trial court judges establish and interpret legal precedents in civil and criminal law. The judges sitting on these courts, like those of

5544-607: The two meanings of the term, capitalization is used. A reference to a "provincial court" normally is a reference to the broad meaning of the term, any court created by the province. A reference to "Provincial Court" normally is referring to the specific court of limited statutory jurisdiction, created by the province. The term "Provincial Court" is used in the name of each such court, except for those of Alberta ( Alberta Court of Justice ), Ontario ( Ontario Court of Justice ), and Quebec ( Court of Quebec ). The Northwest Territories and Yukon each possess an analogous Territorial Court, while

5621-403: The two new courts is essentially the same as the corresponding former divisions of the Federal Court. Although the federal courts can be said to have the same prestige as the superior courts from the provinces and territories, they lack the "inherent jurisdiction" (to be explained later) possessed by superior courts such as the Ontario Superior Court of Justice. Military courts in Canada include

5698-463: The two terms is also indicated by capitalization. The term "superior court" is used to mean the general sense of the term, while "Superior Court" is used to refer to specific courts in provinces which use that term to designate their superior trial courts. In Ontario and Quebec, this court is known as the Superior Court ( Cour supérieure ); in Alberta, Saskatchewan, Manitoba, and New Brunswick, as

5775-427: The western world are the civil law courts and the common law courts. A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are

5852-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around

5929-455: Was then appealed to the Judicial Committee, but the hearing of the appeal was delayed by the outbreak of World War II. In 1946, the Judicial Committee finally heard the appeal and upheld the decision of the majority of the Supreme Court, clearing the way for Parliament to enact legislation to end all appeals to the Judicial Committee, whether from the Supreme Court or from the provincial courts of appeal. In 1949, Parliament passed an amendment to

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