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- The judiciary must interpret and apply the law and the Constitution, and give impartial judgments in all cases, whether they involve public law, such as a criminal case, or private law, such as a dispute over a contract. The Constitution only provides for federally appointed judges. Provincial judges are appointed under provincial laws.
www.justice.gc.ca/eng/csj-sjc/just/05.htmlThe Canadian Constitution - About Canada's System of Justice
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The judiciary must interpret and apply the law and the Constitution, and give impartial judgments in all cases, whether they involve public law, such as a criminal case, or private law, such as a dispute over a contract.
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- The Judiciary
Judicial independence is a cornerstone of the Canadian...
- Indian Act
- Constitution Act, 1867
- Supreme Court of Canada
- Federal Court of Canada
- Court Martial Appeal Court
- Tax Court of Canada
- Federal Administrative Tribunals and Boards
- Provincial and Territorial Courts of Appeal
- Provincial and Territorial Superior Courts
- Provincial and Territorial Courts
- Family Court
Section 101 of the Constitution Act, 1867 gives Parliament power to “provide for the Constitution, Maintenance and Organization of a General Court of Appeal for Canada, and for the establishment of any additional Courts for the better Administration of the Laws of Canada.” All the courts constituted and appointed solely by the federal government ow...
The Supreme Court of Canada was established in 1875 by the Supreme Court Act. It was founded as a general court of appeal for Canada. The court comprises nine justices. They are appointed by the governor-in-council. Three of the justices must come from Quebec. (See Quebec Bar.) According to the Constitution Act, 1982, the composition of the court c...
The Federal Court of Canada was established by Parliament in 1971. It was preceded by the Exchequer Court of Canada, which was established by parliamentary statute. It existed mainly to judge claims by or against the federal government, or matters relating to maritime law; copyright; patent and trademark law; and federal taxationstatutes. The Feder...
The Court Martial Appeal Court was established by Parliament under the National Defence Act in 1959. It is composed of judges of the Federal Court and provincial superior courts named by the governor-in-council. The Court Martial Appeal Court hears appeals from decisions of the military courts of the Canadian Armed Forces. Its decisions can be appe...
The Tax Court of Canada was created by Parliament in 1983. It was founded as a continuation of the Tax Review Board. This court hears and determines appeals on matters arising under the various statutes relating to taxation (e.g., the Income Tax Act). Its decisions are subject to review by the Federal Court of Appeal.
Because they conduct some judicial and quasi-judicial functions, certain federal administrative boards and tribunals are designated courts of record. These include the Canadian Transportation Agency, the National Energy Board and the Tariff Board. The decisions of such boards and tribunals are subject to review by the Federal Court. (See also Admin...
Each province and territory has a court of appeal. It is a court that hears appeals from the superior courts and provincial or territorial courts. A court of appeal’s decisions can, subject to certain restrictions, be appealed to the Supreme Court of Canada. The appeals heard by courts of appeal can be any decision from a lower provincial court in ...
Provincial and territorial superior courts can hear and determine any civil cause of action brought before them; except for suits within the exclusive jurisdiction of courts established by Parliament. In criminal matters, superior courts have jurisdiction to hear trials of any serious offences. They also have exclusive jurisdiction to hear cases in...
Lesser criminal matters and some civil law cases are heard by provincial and territorial courts. Many provinces and territories have courts staffed by judges appointed by the province to deal with lesser criminal matters. These include trials of minor or summary conviction offences; trials of serious (indictable) offences where the accused elects t...
Divorces and their results fall under the jurisdiction of a superior court. However, family courts, which are provincially or territorially constituted and appointed, are responsible for custody of and access to children, support obligations and adoption. In most provinces, the family court is part of the provincial court. Manitoba, New Brunswick, ...
Feb 7, 2006 · The Constitution Act, 1867 provides for the establishment and operation of Canada’s judiciary. It gives the federal government exclusive lawmaking power over criminal law and criminal procedure ; but not over the establishment of criminal courts.
The organization of Canada’s judicial system is a function of Canada’s Constitution, and particularly of the Constitution Act, 1867. By virtue of that Act, authority for the judicial system in Canada is divided between the federal government and the ten provincial governments.
Judicial independence is a cornerstone of the Canadian judicial system. That is why, under the Constitution, the judiciary is separate from and independent of the other two branches of government, the executive and legislature.
Apr 22, 2012 · It defines the powers of the executive branches of government and of the legislatures at both the federal and provincial levels. Canada’s Constitution is not one document; it is a complex mix of statutes, orders, British and Canadian court decisions, and generally accepted practices known as constitutional conventions.
Thus the judicial function in the course of judicial review under a constitutional bill of rights should combine a respect for both the fundamental principles of consent and the moral, rational or normative character of obligation. In so doing, the judicial function will reflect the Canadian political will.
