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Canada's Court System is comprised of several courts with varying jurisdictions. There are generally four levels in the heirarchy of Canadian courts, where each lower court is bound only by the ruling of the courts directly above them. That is to say, for example, a Court of Appeal are only bound by decisions of the Supreme Court of Canada, and not by their past decisions or any other Appeal level court, and so forth.



Canadian court system (Source: Canadian Department of Justice)

1 Provincial Courts

All provinces and territories have a court at the "provincial court" level. However the naming convention varies across the regions. In the terratories ( Yukon, NWT, and Nunavut) they are called "Territorial Courts"; in Quebec it is called "Court of Quebec" and in Ontario it is called "Ontario Court of Justice, Provincial Division". All other provinces refer to it simply as "Provincial Court".

The provincial courts have inherent or general jurisdiction for contract and tort matters as well as violations of Canadian Criminal Code and provincial laws. More serious indictable offense s, such as murder and conspiracy, are not dealt with at this level and go directly to the provincial superior courts.

2 Superior Courts

The provincial Superior Court deals with appeals from the Provincial Courts and is the court of first appearance for the more serious criminal cases. Similar to the provincial court, the naming convention varies between provinces, in Quebec it is called "Superior Court", in Alberta, New Brunswick, and Saskatchewan they are called the "Court of Queen's Bench", in Prince Edward Island it is called "Supreme Court Trial Division", in Ontario it is called "Ontario Court (General Division)", and in all other provinces it is called the provincial "Supreme Court". Judges for these courts and below are appointed by the Provincial governments.

3 Military Court

The Court Martial Appeal Court hears appeals deriving from Military Courts.

4 Federal Court

The Federal Court does not have inherent jurisdiction and therefore must be specifically granted authority by the federal government. It has been granted authority for matters such as immigrationImmigration is the act of moving to or settling in another country or region, temporarily or permanently. An immigrant is usually someone who intends to reside permanently, and not a casual visitor or traveler. Immigration means "in-migration" into a coun, intellectual propertyIn law, intellectual property is a form of legal entitlement which allows its holder to control the use of certain intangible ideas and expressions. The term intellectual property reflects the fact that once established, such entitlements are generally tr and maritime law.

5 Court of Appeal

The provincial Courts of Appeal receive appeals registered under the provincial and territorial Superior Courts; they in turn receive their referrals from Provincial Courts, as well as provincial administrative tribunals. The Federal Court of Appeal receives appeals from either the Federal Court or the Tax Court of CanadaThe Tax Court of Canada established in 1983 by the Tax Court of Canada Act, is a superior court which deals with matters involving companies or individuals and tax issues with the Government of Canada. External Link Canadian court system.. Finally, the Federal Court receives referrals from federal administrative tribunals.

The judges for this level of court and above are appointed by the Federal government.

6 Supreme Court of Canada

The highest court is the Supreme Court of CanadaOttawa The Supreme Court of Canada is Canada's highest court and is located in the capital city of Ottawa. It is now the final court of appeal, the last judicial resort for all litigants, whether individual or governmental. Its jurisdiction embraces both. The Court Martial Appeal Court, the Courts of Appeal of each province and the Federal Court of Appeal sit immediately below the Supreme Court of Canada and cases in these courts can be appealed to the Supreme Court.






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