POLS lecture 4.docx

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Categories of law
- Tribunals: mini courts (legislative courts). They come up with a decision without having to take it
to the court.
- If an agency is part of something that happened then it probably comes under the category of
administrative law.
- The only criminal offenses are those that are statuary in Criminal code of Canada.
- Defenses do not need to be statutory; they can be anything you want. You can use any defense
as long as it fits the situation. The judge has to agree with it.
- In Civil law, the defense also has to be statutory.
1. Provincial, common law, tort-law
2. Criminal, common law, federal level
3. Civil, contract, and provincial
4. Administrative law, provincial, and common
5. Common law, federal, criminal
6. Contract law, common, and provincial
7. Administrative law, common, and federal
- Three types of jurisdiction (refer the textbook)- Territorial , hierarchal, subject matter
- Page 32, box 2.1
Structure of Canadian Judiciary
- Section 92 courts (provincial courts)
o Created, administered and judges appointed by the provincial government
o Easy, administered by the provincial government and also judges
o They do more than any other level of court
o They handle over 95% of all federal trials, including charges under the criminal trial
o They handle 100% of the provincial cases and 100% of all municipal cases
o They are the lowest court in the hierarchy
o For example, Ontario Court of Justice it did 4.7 million events where as superior court
did only 248 thousand events
- Section 96 courts (superior courts)
o Administered by the provinces and judges are appointed by the federal government
o Also called mixed courts because it involves both provincial and federal level
o They existed before confederation (they predate 1867)
o They do a lot less, but they do important things
o Very serious offences such as murder have to be heard at this level of court
o Any time you have a jury trial it has to be at this level
o You can chose to elect your trial for the criminal offence at this level
o They have special protection for their judges
o What often happens is that some of the early parts of the trial are held at provincial
level and then the actual trial takes place in superior level
- Section 101 courts (federal courts)
o Created, administered and judges appointed by the federal government
o Everything is done by the federal government
o So, the judges are appointed by Stephen Harper.
o This level of court is permissive
o The supreme court of Canada is a section 101 code.
- Supreme court of Canada has the capacity to make rules that ‘every’ court in Canada has to