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Lecture

SOC 3730 Lecture Notes - Supreme Court Of Canada, Superior Court, Provincial Superior


Department
Sociology
Course Code
SOC 3730
Professor
Michelle Dumas

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January 24, 2013 SOC 3730 M. Dumas
COURTS AND SOCIETY THE COURTS AND SUPREME COURT
- media plays huge influence in how we perceive court
- going to trial is extremely rare in criminal cases
o only about 10% of cases actually go to trial
o most cases are pleaded out prior to any court
o go to court to finalize plea agreement and that usually ends it
- crown’s do things on behalf of the state
- function of court depends on the model of criminal justice
- there is alternatives for young offenders especially
STRUCTURE OF CANADIAN COURTS
- objective measures
o based on case, based on punishment, based on complexity of case and
possible outcomes
- types
o lower courts
traffic, family, summary offences, municipal bylaws, provincial
bylaws
o higher courts
superior, trial courts, superior appeal, indictable offences for
crimes, provincial appeals, final authority/jurisdiction if it
went to SCC
o highest court = SCC
13 provincial courts, 1 federal court
2
Supreme Court of Canada
Court Martial
Appeal Court
Military Courts
Provincial Courts of
Appeal
PT Superior
Court
Provincial
Administrative
tribunals
Provincial
Courts
Federal Court
of Appeal
Federal Court
Federal
Administrative
Tribunals
Tax Court of
Canada
Canadian Courts Outline
Nunavut Court of Justice
!
New court
!
Jurisdiction
!
Judge
!
Court type (circuit)
!
Interpreters
Military Courts
!
National Defence Act
!
Canadian forces
!
Civilians
!
Military Appeal Court

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January 24, 2013 SOC 3730 M. Dumas
Nunavut Court of Justice
- it’s a new court
- there is only one judge
- court type (circuit)
- interpreters
Military Courts
- under the rules of national defence act
- only if you are part of the Canadian forces
- military appeal court only hear cases that were dealt with first in military
court
- panel of three judges at the appeal court level for the military
Tax Court (Federal)
- under the rule of tax court of Canada act
- created and established first as federal court in 1983
- defendants can be individuals or companies (usually companies)
- tax and revenue legislations settling a disagreement about
- seen as a last resort option
o have to go through other options first, and last resort is to go to
federal tax court
Federal Courts
- 5th principle
o principles of court based on democratic principles how us as a
democracy want to deal with the functions of court
o the 5th principle create a system of federal courts that deal directly
with federal government as a party
o want to have a principle where we can go to court as a party, and raise
issues concerning administrative law or other laws that deal with
federal departments
o established in 1971
o under the jurisdiction of the federal court act
- superior court federal court all cases are tried by trial
- trial division as well as an appeal division
- jurisdiction compromised mostly of administrative law mostly business
related deals with federal statute
Federal Court Cases
- inter-provincial disputes
- federal-provincial
- intellectual property copyright, patents or others related
- anything related to citizenship heard at federal court level
- crown corporations corporations owned by the state
- departments any disputes among departments in the federal government
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