LAW 201 Chapter Notes - Chapter 7: Provincial Superior, Inherent Jurisdiction, Concurrent Jurisdiction
14 Jun 2018
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Module 2 Textbook Readings:
Chapter 7: The Judiciary: The Third Branch of Government
Court: state-sanctioned forum where disputes between opposing litigants are formally
adjudicated
• Inferior: trial courts- hears matters for the first time and have a single judge
• Superior: trial courts for more serious cases and hears appeals with more than one
judge
Judgement: final outcome or disposition of the dispute heard before the court, or, when the
court provides reason for its judgements, the entire set of reasons
Since confederation, parliament and the provinces have used their constitutional powers to
create three types of court:
• Inferior courts
• Superior courts
• Supreme court of Canada (SCC)
Inferior courts:
• Provincial and territorial: their jurisdiction typically is over the following:
o Criminal matters (not the most serious crimes)
o Family and youth matters
o Small claims disputes
• Federal
o Military Courts Martial
Superior Courts:
• Provincial and territorial:
o Provincial Superior Courts: provincially constituted courts with inherent
jurisdiction to hear all matters (unless taken away by legislation) with two levels,
a trial level and an appeal level (also called section 96 courts)
o Territorial Superior Courts: federally constituted superior courts with jurisdiction
in the territories
• Federal
o Federal Superior Courts (or federal courts): the Federal Court, the Federal Court
of Appeal, the Tax Court of Canada, and the Court of Martial Appeal Court
Supree Court of Caada: Caada’s highest court ad fial court of appeal
The SCC has jurisdiction to hear appeals from the following:
• All the provincial and territorial Courts of Appeal
• The Federal Court of Appeal
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• The Court Martial Appeal Court of Canada
Puisne: a term applied to a judge who ranks below another judge or judges on the same court-
for example, the judges below the chief justice on an appeal court
SCC: Key Facts and Features:
• Constitutional Authority: Section 101, Constitution Act 1867
• Judges
o 1 chief justice of Canada
o 8 puisne judges
o Quorum: 5-9 judges
• Key Jurisdictional Features
o Hears appeals in criminal and non-criminal cases (if the case concerns a matter
of public importance or significant legal question)
o Leave to appeal is required
o Hears appeals in criminal cases involving indictable offences where the court of
appeal upholds conviction but with a dissenting opinion
o Hears appeals in criminal cases where the court of appeal substitutes a guilty
verdict for an acquittal
o Hears references
Reference: special case in which the executive branch of government refers a question of law to
a court of appeal, usually a question concerning the constitutionally of a statute or course of
action the government is considering
Hearing documents include the following:
• The 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
Facta: written legal arguments to be presented on an appeal
Reserve: postpone rendering its decision, after a hearing has concluded, so the court can
carefully prepare the reasons for its judgements
Majority: refers (in the context of a split decision on an appeal) to the group of justices who
form the majority and whose decision becomes the decision of the court
Dissent: refers (in the context of a split decision of appeal) to the judgement of one or more
justices in the minority
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Chapter 7: the judiciary: the third branch of government. Court: state-sanctioned forum where disputes between opposing litigants are formally adjudicated. Inferior: trial courts- hears matters for the first time and have a single judge: superior: trial courts for more serious cases and hears appeals with more than one judge. Judgement: final outcome or disposition of the dispute heard before the court, or, when the court provides reason for its judgements, the entire set of reasons. Since confederation, parliament and the provinces have used their constitutional powers to create three types of court: Inferior courts: superior courts, supreme court of canada (scc) Inferior courts: provincial and territorial: their jurisdiction typically is over the following, criminal matters (not the most serious crimes, family and youth matters, small claims disputes, federal, military courts martial. Supre(cid:373)e court of ca(cid:374)ada: ca(cid:374)ada"s highest court a(cid:374)d fi(cid:374)al court of appeal.
