There are different levels and types of courts in Canada – they differ in their jurisdiction, that is, what issues they have the authority to decide. Our Constitution has divided powers over the court system between the federal and the provincial and territorial governments.
The federal government appoints the judges at the superior or upper-level courts in the provinces. Parliament also has authority to create a general court of appeal and courts to administer the laws of Canada better. It has used this power to create the Supreme Court of Canada, the Federal Court, the Federal Court of Appeal, and the Tax Court. Parliament also controls the procedure in criminal courts to make sure that criminal acts are handled fairly and in the same way across the country.
Courts of appeal hear cases brought to them where persons believe their cases were not decided properly in the lower courts. Such cases can be taken to courts of appeal by application or automatically if allowed by the law.
The provinces and territories have authority over the administration of justice in the provinces, which refers to the organization and maintenance of the civil and criminal provincial courts and civil procedure in those courts. Although the names of the courts are not identical in each province, the court system is similar across Canada. There are two levels of provincial and territorial courts:
- Provincial superior courts (higher level court), and
- Provincial and territorial courts (lower level court).
Every province and territory also has an appeal court that hears appeals from the superior court of that province or territory.
The different types of courts are:
- Supreme Court of Canada
- Federal Court of Appeal
- Federal Court
- Specialized federal courts (e.g., Tax Court of Canada and Court Martial Appeal Court of Canada)
- provincial courts of appeal
- provincial and territorial superior courts
- provincial and territorial courts
In addition to these courts, administrative tribunals are set up in the provincial or territorial and federal system to handle disputes relating to administrative rules and regulations.
The Supreme Court of Canada
The Supreme Court is the final court of appeal in Canada, which means it is the highest level of court in Canada. It is made up of nine judges that come from the five major regions of the country. Three of the judges must be from Quebec.
This court hears appeals from decisions of the courts of appeal in all the provinces and territories and from the Federal Court of Appeal. Its judgments are final. Usually, persons must apply to the judges for permission to appeal, except for some criminal cases where no application is needed.
The Supreme Court also decides important questions about the Constitution and some areas of private and public law. The government can also ask the court for its opinion on important legal questions.
The Federal Court specializes in areas such as intellectual property, maritime law, and federal-provincial disputes. The Tax Court specializes in tax cases. The Federal Court of Appeal reviews the decisions of these courts and federally appointed administrative tribunals, such as the Immigration Appeal Board and the National Parole Board.
The Provincial and Territorial Superior Courts
The superior courts are the highest level of courts in the provinces and territories. They have power to review the decisions of the provincial and territorial courts (lower courts). The federal government appoints the judges in these courts.
Superior Courts are divided into trial level and appeal level. The trial level hears civil and criminal cases and has authority to grant divorces. The appeal level hears civil and criminal appeals from the superior trial court. A civil case is an action between private parties, mainly to settle private disputes, which includes family and estate law matters. A criminal case is the prosecution of a person or organization by the government for committing a crime by doing something that is considered an offence against the State.
The Provincial and Territorial Courts
Provincial and territorial courts handle most of the cases that come into the court system, including provincial offence matters, most criminal offences and, in some provinces, civil cases for small amounts of money. They can also include specialized courts, such as youth courts, family courts and small claims court. The provincial and territorial governments appoint the judges.
Administrative Boards and Tribunals
Many disputes over administrative rules and regulations are handled outside of the court system through administrative boards and tribunals. Tribunals hear evidence and make decisions like courts, but they are not part of the court system and the cases are not heard by judges. Instead, the adjudicators (decision makers) may be experts of the very specific legal field handled by the tribunal (e.g., labour law, human rights law, immigration law, energy law, workers’ compensation law, liquor licensing law, etc.) who hear arguments and evidence provided by lawyers before making a written decision on record. Administrative boards and tribunals have been created to allow for disputes to be resolved more quickly and less expensively than through the formal court system. Procedure before administrative boards is usually simpler and less formal than in the courts.
Depending on its enabling legislation, the decisions and proceedings of a tribunal may be reviewed by the courts to ensure the procedures are fair. This appeal process is called judicial review. Some examples of federal administrative boards and tribunals are the Canada Employment Insurance Commission, Canadian Radio-Television and Telecommunications Commission, and the Immigration and Refugee Board. Examples of Ontario administrative boards and tribunals include the Human Rights Tribunal of Ontario, Ontario Labour Relations Board, Social Benefits Tribunal, Custody Review Board, Child and Family Services Review Board and the Landlord and Tenant Board, among others.
What is the structure of Ontario’s court system?
Court of Appeal for Ontario
The Court of Appeal for Ontario is the highest level of court in the province. The Court of Appeal for Ontario hears many appeals. The court is composed of a federally appointed Chief Justice of Ontario, an Associate Chief Justice of Ontario and many other judges. The Court of Appeal sits with either one or three judges depending on the appeal.
This court is separate from other Ontario courts and usually provides the final ruling on a legal issue. An appeal on this ruling goes to the Supreme Court of Canada, the highest court in all of Canada.
Court of Ontario
The Court of Ontario has two divisions:
- The Superior Court of Justice
- The Ontario Court of Justice
Superior Court of Justice
The Superior Court of Justice handles the more serious criminal law and youth criminal justice matters. It hears all jury trials as well as trials before a judge sitting alone after a preliminary hearing has been held. The court also hears civil cases, including divorce cases, cases involving larger amounts of money and challenges to the Charter of Rights and Freedoms. The Superior Court of Justice also reviews certain family, provincial offences, and summary conviction appeal matters from the Ontario Court of Justice. There are three branches of the Superior Court of Justice in Ontario:
The Divisional Court is an appellate court, meaning that it only hears:
- Appeals and reviews of decisions by government agencies, tribunals and boards; and
- Some civil appeals up to $50,000.
Sometimes referred to as the Unified Family Court, the Family Court branch of the Superior Court of Justice provides a single court for all family matters, including divorce, division of property, child protection, adoption, child and spousal support and child custody and access matters. Special services provided by the Family Court include Family Law Information Centres, Supervised Access Centres, Mediation Services and Parent Information Sessions.
In some areas of the province, where the Unified Family Court does not exist, family law matters are divided between the Superior Court of Justice (divorce, division of property, child and spousal support, custody and access cases) and the Ontario Court of Justice (custody and access, child and spousal support, adoption and child protection cases).
Small Claims Court
The Small Claims Court is a branch of the Superior Court of Justice. The court hears civil actions for claims up to $25,000.
Ontario Court of Justice
The Ontario Court of Justice is the lower level provincial court. It can hear cases about offences committed under provincial laws, as well as criminal and family cases. The Ontario Court of Justice is also considered a youth court for the purposes of the Youth Criminal Justice Act.
Judges of the Court hear:
- Criminal prosecutions of adults and most criminal prosecutions involving young persons;
- Child protection applications, family law disputes about custody, access and support, and adoption applications, where there is no Family Court branch of the Superior Court of Justice; and
- Provincial offence appeals where the trial was heard by a justice of the peace.
Justices of the Peace hear:
- Bail hearings;
- Applications for search warrants; and
- Prosecutions of provincial offences for violations of provincial laws such as the Highway Traffic Act, Occupational Health and Safety Act, Liquor Control Act, Compulsory Automobile Insurance Act etc.