ACCT 202 Lecture Notes - Lecture 9: Law Reports, Actus Reus, Canlii
29 May 2018
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Chapter 2: The Judicial System and Alternative Dispute Resolution (pg55-7pdf)
legal action - a judicial proceeding brought by one party against or for protection of a right
DEVELOPMENT OF THE LAW COURTS
The Canadian and American judicial systems had their beginnings in England where courts were
established in the colonies as part of the British colonial administrative structure. In the US, The war
severed both political and legal ties with England, but the law, and much of the legal system, remained
in the former colonies, in contrast the Canadian system of courts changed gradually as the country
moved from a colonial status to that of a dominion.
• The Quebec Act1 of 1774 made a further change in the legal system by introducing a Court of
Kig’s Beh ad a significant change in the law until 1866, when the first Quebec Civil Code was
compiled and put into effect.
History
When the War of American Independence ended in 1783 the United Empire Loyalists moved into what
was then the western part of Quebec but the did’t like/udestad the Feh iil la. espose to
their demands, the western part of Quebec (which is now Ontario) was divided into four districts, where
English law would apply with Court of General Sessions to hear minor criminal cases, a civil Court of
Common Pleas to hear Common Law matters, and a Prerogative Court to deal with wills and intestacy.
The Canada Act2 created the province of Upper Canada (now Ontario) with its own governor, executive
council, and elected House of Assembly; and the province of Lower Canada (now Quebec). The house
of assembly created Property and Civil Rights Act that provided that English law would be the law of the
province in all matters concerning property and civil rights.
The Court of Chancery was established in 1837 for the province of Upper Canada, and was composed of
the chancellor (who was also the governor) and a vice-chancellor
A provincial judicial system generally consists of a Small Claims or Small Debts Court, a Superior or
Supreme Court, and a Court of Appeal. In provinces where a Court of Appeal as a separate court does
not exist, the Supreme Court is empowered to hear appeals from courts of original jurisdiction. Criminal
cases are usually heard by the Supreme Court. In addition, each province has a Poiial o Magistate’s
Court (presided over by either a provincial judge or magistrate), which hears minor criminal matters and
cases concerning violations of non-criminal provincial statute
The court is now the body charged not only with the responsibility to determine the jurisdiction of the
law-making bodies, but also with the responsibility to determine if statutes offend the Charter of Rights
and Freedoms as well
THE STRUCTURE OF THE JUDICIAL SYSTEM
Jurisdiction: means the right or authority of a court to hear and decide a dispute
• First type of jurisdiction: the authority of the court may be monetary (in the sense that the
court has been authorized to hear cases concerning money up to a set amount), or geographic
(it hears cases concerning land within the particular province or area where the land is situated).
• Jurisdiction over the parties to a dispute, the court must have the authority or power to compel
the paties’ attedae o to ipose its deisio o the.
Courts of law have two types:
1. Courts of original jurisdiction: These are courts before which a dispute or case(criminal or civil) is
heard for the first time by a judge, and where all the facts are presented so that the judge can
render a decision. Aka Trial court: The court in which a legal action is first brought before a judge
for a decision.
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2. Courts of appeal: courts that hear appeals from the decisions of courts of original jurisdiction. These
ae supeio highe outs; thei deisios a oeule/a the deisios of the loe/ tial
courts. Purpose is to review the decisions of trial courts if one of the parties to the action in the
loe out eliees that the tial judge ade a eoeous deisio. The do’t eie eidee
but arguments from counsel for the parties may find that the judge made error in application of the
law, failed to use important evidence= se the appeal court may send the case back to the lower
court.
Federal Courts
The Federal Court Trial Division hears disputes between provincial governments and the federal
government; actions against the federal government; admiralty, patent, trademark, copyright, and
taxation matters; and appeals from federal boards, tribunals, and commissions and some provincial
supreme courts cases may appeal to the federal court trial division
• federal court trial division get jurisdiction to hear the cases concurrent with that of the superior
provincial courts.
• A trial decision of the Federal Court may be appealed to the Federal Court of Appeal, and the
appeal with leave to the Supreme Court of Canada.
• Supreme Court of Canada deals with appeals from the appeal courts of provinces and the
Federal Court of Appeal.
• A special Tax Court taxpayers and the Canada Customs and Revenue Agency.
Typical provincial court systems:
Criminal Courts
A Magistrate’s Court or Proinial Court: is a court of original jurisdiction that is presided
Over by a provincially appointed magistrate or judge. Generally deals with criminal matters relating to
accused individuals or corporations.
May also, hear cases involving the violation of provincial statutes and municipal by-laws where some
sort of penalty is imposed.
Used: as in cases involving less serious offences, where the court has been given absolute jurisdiction),
or where the accused has the right to elect to be tried by a magistrate or Provincial Court judge. Also
provides hiring for more serious cases to see if enough evidence is provided to have the accused tried by
a higher court.
Provincial Supreme/superior Court justices of the court travel to hear cases in sessions called Assizes:
Sittings of the court held in different places throughout the province.
Youth Courts are particular courts designated in each province to deal with cases where young persons
are accused of committing criminal offences. Youth criminal justice act states that a youth is a person
12 years of age or older and under 18 years of age. Youth Courts are presided over by judges who have
the powers of a justice or magistrate of a summary conviction court. Sentence include: a fine, order
compensation or restitution, direct the youth to perform community-service, work, commit the youth to
custody, or provide an absolute discharge,
Family courts have jurisdiction to deal with domestic problems and the enforcement of federal and
provincial legislation that relates to family problems. Where separate courts do not exist these matters
fall under the jurisdiction of provincial Superior/Supreme Court. eg family relationships that have
deteriorated to the point where the actions of one or more members of a family have become a serious
threat to others. usually presided over by a magistrate or provincial court judge
Provincial Court of Appeal eie’s the oitios of aused pesos the Youth Cout, “upee
Cout, o Magistate’s or Provincial) Court. A panel of judges presides over the Appeal Court, and the
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decision of the majority of the judges hearing the appeal decides the case. neither the accused nor the
Crown generally may appeal to the Supreme Court of Canada as a matter of right however, does
exist in the case of an indictable offence if the decision of the provincial Court of Appeal on
a question of law was not unanimous.
Courts of Appeal are always non-jury
Civil Courts: deal with disputes that arise between corporations or individuals, or between corporations
or individuals and the government. Some courts have limited jurisdiction and hear only special kinds of
disputes; others hear only appeals from inferior courts.
Small Claims Courts have jurisdiction to hear cases where the amount of money involved
is relatively small(less than $10,000 or smaller) usually informal courts that may be presided over by a
superior court judge in a number of provinces, and by a magistrate eg. usually small debt or contract
disputes, and damage cases, such as claims arising (in some provinces) out of minor automobile
accidents. it is usually to a single judge of the Court of Appeal of the province
Supreme (or Superior) Court to hear civil disputes in matters beyond lower courts, has unlimited jurisdiction in
monetary matters, and is presided over at trial by a federally appointed judge. These courts may be jury
or non-jury and may be heard by judges who travel throughout the province to the various County court
houses (the assizes), or in specified cities where the court sits without a jury on a regular basis. An
appeal from a decision of the Supreme Court is to the Appeal Court of the province.
The Surrogate Court( or probate courts): is a special court established to hear and deal with wills and
the administration of the estates of deceased persons
• The lines of appeal in civil cases are not always as clear-cut as those in criminal matters,
Sometimes the right of appeal from an inferior court does not go directly to the Appeal Court of
the province or the territory
• Supreme Court trial judgments, however, would be appealed to the provincial Court of Appeal
or the Appeal Division of the provincial Supreme Court,
The Supreme Court of Canada is the final/ highest Appeal Court which Hears appeals from the provincial
Appeal Courts, but the right to appeal is restricted. appeals from the Federal Court, and it is the body
that finally determines the constitutionality of statutes passed by both the federal and provincial
government
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Document Summary
Chapter 2: the judicial system and alternative dispute resolution (pg55-7pdf) legal action - a judicial proceeding brought by one party against or for protection of a right. The canadian and american judicial systems had their beginnings in england where courts were established in the colonies as part of the british colonial administrative structure. Ki(cid:374)g"s be(cid:374)(cid:272)h a(cid:374)d a significant change in the law until 1866, when the first quebec civil code was compiled and put into effect. English law would apply with court of general sessions to hear minor criminal cases, a civil court of. Common pleas to hear common law matters, and a prerogative court to deal with wills and intestacy. The canada act2 created the province of upper canada (now ontario) with its own governor, executive council, and elected house of assembly; and the province of lower canada (now quebec).
