the constitution act, 1867, determines how the court system is structured authority is divided...
TRANSCRIPT
The Constitution Act, 1867, determines how the court system is structured
Authority is divided between the federal and the provincial governments
The federal government is responsible for the Supreme Court of Canada and appointing of judges to superior courts and provincial courts of appeal
The provincial and territorial governments administer both civil and criminal law. They appoint judges to provincial courts
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THE STRUCTURE OF THE COURT SYSTEM
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THE COURTS IN THE CRIMINAL JUSTICE SYSTEM
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Most criminal cases are heard in the provincial and territorial courts
Often referred to as a lower court, all criminal cases in Canada begin here
All accused will make a first appearance at the provincial/territorial court (either in bail court, trial court, or a specialized court – mental health, domestic violence, drug treatment, aboriginal persons, young offenders, superior court, court of appeal)
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PROVINCIAL/TERRITORIAL COURT
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The Supreme Court ruling (R. v. Gladue [1999]) mandates that special consideration should be given to Aboriginal persons regarding sentencing
A special court (the Gladue court) has been created to respond to the unique circumstances of Aboriginal persons accused of criminal offences
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COURTS FOR ABORIGINAL PERSONS
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Deals with cases that are specified in federal legislation including disputes between provinces, territories and/or the federal government
As well, cases relating to intellectual property, citizenship appeals and federal Crown corporations are managed by the federal courts
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THE FEDERAL COURTS
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The final court of appeal and the highest court in Canada
It hears cases from all areas of law (criminal, constitutional, and civil law)
A case will be heard at the Supreme Court only after all other appeal opportunities have been exhausted
An application for appeal is reviewed by three judges. If granted, it is called a “leave to appeal”
THE SUPREME COURT OF CANADA